Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

Posted July 31st, 2024 in case management, chambers articles, dispute resolution, family courts, news by sally

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

Posted July 31st, 2024 in autism, chambers articles, disability discrimination, disabled persons, employment tribunals, news, recruitment by sally

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

New methods of service a boon to landowners seeking interim injunctions against persons unknown – Gatehouse Chambers

Posted July 31st, 2024 in chambers articles, injunctions, news, service, telecommunications by sally

‘A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown.’

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Gatehouse Chambers, 15th July 2024

Source: gatehouselaw.co.uk

Opening the Sewer-Gates: An Exploration of the Supreme Court’s Decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 – Francis Taylor Building

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Winston Churchill once remarked that “[for] my own part, I see little glory in an Empire which can rule the waves and is unable to flush its sewers”. Had he been alive today, he may have lamented that modern Britain now does neither.’

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Francis Taylor Building, 18th July 2024

Source: www.ftbchambers.co.uk

Anatomising a disaster: The Infected Blood Inquiry – Landmark Chambers

Posted July 31st, 2024 in blood products, chambers articles, government departments, health, HIV, medical treatment, news by sally

‘After 40 years of campaigning, thousands of people affected by the infected blood scandal gathered on 20 May in Westminster Central Hall to give the chair of the Infected Blood Inquiry what can only be described as a ‘rock star’ welcome.’

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Landmark Chambers, 16th July 2024

Source: landmarkchambers.co.uk

Statutory homelessness (England): The legal framework and performance – House of Commons Library

Posted July 31st, 2024 in homelessness, housing, local government, news, statistics by sally

‘An overview of the legal framework for statutory homelessness support in England and how local authorities are delivering these duties. The briefing also summarises official homelessness statistics.’

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House of Commons Library, 30th July 2024

Source: commonslibrary.parliament.uk

Alfie Lewis examines recent case law on the tort of inducing a breach of contract – Littleton Chambers

Posted July 31st, 2024 in agreements, chambers articles, contracts, inducements, injunctions, news, sale of goods by sally

‘The Court of Appeal has handed down judgment in the case of Northamber PLC v Genee World Limited anors [2024] EWCA Civ 428. Arnold LJ, with whom Phillips LJ and Lewisham LJ agreed, has shed light on important aspects of claims for inducing breach of contract.’

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Littleton Chambers, 24th July 2024

Source: littletonchambers.com

Alerter by Jack Castle – Manchester Ship Canal (No.2) and Group Litigation – Henderson Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’

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Henderson Chambers, 12th July 2024

Source: www.hendersonchambers.co.uk

Case Summary (Property): The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22 – Lamb Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Absent negligence or deliberate misconduct, can owners of watercourses or bodies of water bring actions for nuisance or trespass where water is polluted from statutory sewerage undertakers?’

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Lamb Chambers, July 2024

Source: www.lambchambers.co.uk

‘Cult’ members guilty of trying to kidnap coroner – BBC News

Posted July 31st, 2024 in conspiracy, coroners, false imprisonment, kidnapping, news by sally

‘Members of an “anti-establishment cult” who stormed into a court with handcuffs have been found guilty of trying to kidnap a coroner.’

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BBC News, 30th July 2024

Source: www.bbc.co.uk

Remediation orders under s.123 of the BSA 2022: what might fetter an unfettered discretion? – Falcon Chambers

Posted July 31st, 2024 in chambers articles, government departments, housing, landlord & tenant, local government, news, repairs by sally

‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’

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Falcon Chambers, 10th July 2024

Source: www.falcon-chambers.com

Irregular, not illegal: what the UK government’s language reveals about its new approach to immigration – EIN Blog

Posted July 31st, 2024 in asylum, deportation, government departments, immigration, news, Rwanda by sally

‘One of Keir Starmer’s first acts as prime minister was to kill off the previous government’s flagship asylum policy. The Rwanda plan was doomed from the start, dogged by legal and political difficulties and culminating in a £320 million bill to the taxpayer with no planes actually taking off.’

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EIN Blog, 30th July 2024

Source: www.ein.org.uk

Review body warns on quality of judges as it calls for 6% pay rise – Legal Futures

Posted July 31st, 2024 in judges, judicial appointments commission, judiciary, news, remuneration by sally

‘The Senior Salaries Review Body (SSRB) has expressed its “unease” at a “long-term decline” in quality ratings for new district and circuit judges as it recommended a 6% pay rise across the bench.’

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Legal Futures, 31st July 2024

Source: www.legalfutures.co.uk

An update on handling applicable law issues in cross-jurisdictional cases: The cases of Yordanov v. Vasilev & Ors [2024] and Nicholls v. Mapfre [2024] – Farrar’s Building

Posted July 31st, 2024 in chambers articles, damages, foreign jurisdictions, jurisdiction, negligence, news by sally

‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’

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Farrar's Building, 17th July 2024

Source: www.farrarsbuilding.co.uk

Husband who put body in suitcase sentenced to life – BBC News

Posted July 31st, 2024 in domestic violence, imprisonment, married persons, murder, news, sentencing by sally

‘An “evil man” who strangled his wife for having an online affair and dumped her body in a river has been sentenced to life in prison.’

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BBC News, 30th July 2024

Source: www.bbc.co.uk

Alcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers

Posted July 31st, 2024 in chambers articles, injunctions, jurisdiction, licensing, news by sally

‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’

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Blackstone Chambers, 26th July 2024

Source: www.blackstonechambers.com

Anjem Choudary gets life sentence for directing terrorist organisation – The Guardian

Posted July 31st, 2024 in imprisonment, Islam, news, proscribed organisations, sentencing, terrorism by sally

‘A judge has jailed the Islamist preacher Anjem Choudary for life with a minimum term of 28 years for running a banned terrorist organisation, telling him: “I cannot foresee a time when you will cease to be dangerous.”’

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The Guardian, 30th July 2024

Source: www.theguardian.com

ICO reprimands elections watchdog after cyber attack compromised servers – Local Government Lawyer

Posted July 31st, 2024 in computer crime, data protection, elections, local government, news, ombudsmen, privacy by sally

‘The Information Commissioner’s Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to servers that contained the personal information of approximately 40 million people.’

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Local Government Lawyer, 30th July 2024

Source: www.localgovernmentlawyer.co.uk

Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK

Posted July 31st, 2024 in appeals, Christianity, Church of England, human rights, news, Privy Council by sally

‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’

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Law & Religion UK, 31st July 2024

Source: lawandreligionuk.com