Employees, Directors & the Futures Path of Corporate Governance Reform – Littleton Chambers

Posted May 17th, 2017 in company directors, company law, diversity, employment, news, remuneration, select committees by sally

‘Shortly before the calling of a General Election the Business and Enterprise Select Committee of the House of Commons published a report on corporate governance. As the report’s reception and subsequent comment have made clear, whatever the outcome of the election the framework set by the report is likely to determine the direction of future corporate governance reform.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Uber faces legal threat from union over London licence – The Guardian

Posted May 17th, 2017 in licensing, London, news, taxis, trade unions by sally

‘Uber has come under further pressure in London after a union threatened legal action if the capital’s transport authority renews the taxi app’s licence without guaranteeing more rights for drivers.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Disability Discrimination: “Perception Versus Reality” By Nicholas Siddall – Littleton Chambers

Posted May 17th, 2017 in disability discrimination, employment tribunals, equality, news by sally

Nicholas Siddall analyses the decision of the EAT in Peninsula v Baker [2017] UKEAT/0241/16 and the arguably anomalous position that this creates as regards disability in the context of equality law.

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Student who stabbed boyfriend may avoid jail as it would ‘damage her career’ – The Guardian

Posted May 17th, 2017 in guilty pleas, news, sentencing, wounding by sally

‘An Oxford University student who stabbed her boyfriend with a bread knife may not go to jail because it could damage her prospects of a medical career, a court has heard.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Woman whose dog mauled toddler to death gets suspended sentence – The Guardian

Posted May 17th, 2017 in dogs, news, sentencing, suspended sentences by sally

‘A woman whose American bulldog mauled to death a three-year-old boy has been given a suspended sentence.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Methodist minister John Price found guilty of abusing boys under hypnosis – BBC News

Posted May 17th, 2017 in child abuse, clergy, news, sexual offences by sally

‘A retired Methodist minister has been found guilty of indecently assaulting four boys he had tried to hypnotise.’

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BBC News, 16th May 2017

Source: www.bbc.co.uk

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

Posted May 17th, 2017 in debts, freezing injunctions, judgments, jurisdiction, news, service out of jurisdiction, unlawful means conspiracy by sally

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Ian Brady’s ashes must not be scattered on moor, says coroner – The Guardian

Posted May 17th, 2017 in burials and cremation, inquests, murder, news by sally

‘Ian Brady’s ashes must not be scattered on Saddleworth Moor, where he buried four of his child victims, a coroner has said.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers

Posted May 16th, 2017 in appeals, employment, employment tribunals, news, whistleblowers by sally

‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Honesty and integrity – honestly different? – UK Police Law Blog

Posted May 16th, 2017 in codes of practice, misfeasance, news, police, solicitors by sally

‘Another month, another decision on the meaning of honesty and integrity. Given that the Standard of ‘Honesty and Integrity’ is considered primus inter pares in relation to the other Standards, in that a breach of it puts an officer at serious risk of dismissal, what amounts to this is important – for officers and presenting authorities.’

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UK Police Law Blog, 12th May 2017

Source: www.ukpolicelawblog.com

Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers

Posted May 16th, 2017 in appeals, equity, housing, matrimonial home, news by sally

‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’

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Hardwicke Chambers, 9th May 2017

Source: www.hardwicke.co.uk

Similarities, Connections or Relationships? Aggregation following AIG Europe v Woodman – Hardwicke Chambers

Posted May 16th, 2017 in appeals, contracts, damages, news, Supreme Court by sally

‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’

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Hardwicke Chambers, 12th May 2017

Source: www.hardwicke.co.uk

What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

Posted May 16th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries, solicitors, time limits by sally

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers

Posted May 16th, 2017 in appeals, expert witnesses, news, trials, witnesses by sally

‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’

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Henderson Chambers, 19th April 2017

Source: www.hendersonchambers.co.uk

Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

Disclosure and production in construction cases – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, construction industry, disclosure by sally

‘The evolution of the CPR in the wake of the Jackson reforms included the well-known introduction of the “menu” of disclosure options at CPR 31.5(7). The net effect was to promote, as appropriate and applicable, a movement away from well-established “standard” disclosure to a more tailored approach. With the accompanying provisions of CPR 31 and its Practice Directions, the new approach to disclosure was designed to force parties (and the courts) to consider disclosure and production (and the best approach to adopt) at a very early stage.’

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Hardwicke Chambers, 5th May 2017

Source: www.hardwicke.co.uk

Brexit and implications for UK Merger Control – Part 3/3: Managing and prioritising the CMA’s mergers workload – Competition Bulletin from Blackstone Chambers

Posted May 16th, 2017 in brexit, competition, EC law, mergers, news, treaties by sally

‘The Competition Bulletin is pleased to welcome the third in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

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Competition Bulletin from Blackstone Chambers, 16th May 2017

Source: www.competitionbulletin.com

Staying proceedings against “a necessary and proper party”: A pragmatic approach – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, jurisdiction, news, stay of proceedings by sally

‘English courts are averse to the risk of parallel litigation in multiple jurisdictions. For this reason, where an English defendant is correctly sued in England, foreign domiciled defendants who are necessary and proper parties to the claim are commonly brought into the English court’s jurisdiction.’

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Hardwicke Chambers, 3rd May 2017

Source: www.hardwicke.co.uk

Clarity cut adrift: Human rights arguments triable in mooring cases – Henderson Chambers

Posted May 16th, 2017 in appeals, canals, human rights, news by sally

‘Judgment has been handed down by the Court of Appeal in Jones v Canal & River Trust (2017) EWCA Civ 135. The case concerned a claim brought by the Canal and River Trust (‘the C&RT’) to remove Mr Jones’ boat using its powers under the British Waterways Acts 1971 and 1983 (‘the Acts’) and for injunctive relief restraining him from mooring, navigating or securing his boat on any of its waterways. Mr Jones raised an Article 8 European Convention on Human Rights defence arguing, inter alia, that the C&RT had not carried out any or any adequate proportionality assessment. The county court at first instance struck out the Article 8 defence, a decision which the Court of Appeal has now overturned.’

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Henderson Chambers, 10th April 2017

Source: www.hendersonchambers.co.uk