Jackson watch: fixed recoverable costs review – New Law Journal
‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’
New Law Journal, 21st February 2017
Source: www.newlawjournal.co.uk
Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition
‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’
UK Constitutional Law Association, 21st February 2017
Source: www.ukconstitutionallaw.org
Income rules for foreign spouses upheld – BBC News
‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’
BBC News, 22nd February 2017
Source: www.bbc.co.uk
Why The Rule Of Law Matters More Than Ever – RightsInfo
‘Lord Neuberger, the Supreme Court president, has warned that coverage of the Brexit case risked undermining the “rule of law”. He was referring to criticism by some tabloid newspapers of the three judges involved in the Article 50 case, including one headline that branded them “enemies of the people”. In this article, we look at the meaning of this important concept and how, combined with a healthy dose of human rights, the rule of law is both a cornerstone and strengthener of the modern liberal democracy we live in today.’
RightsInfo, 19th February 2017
Source: www.rightsinfo.org
Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures
‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
Forfeiture Act 1982: Nothing to do with Section 146 or peaceable re-entry this time – Hardwicke Chambers
‘Imagine receiving instructions from a client that his mother has died intestate but that a sibling had taken the property (the principal asset of the estate) and was not prepared to sell the property and share the proceeds of sale 50 / 50.’
Hardwicke Chambers, 17th February 2017
Source: www.hardwicke.co.uk
Commercial landlords may have to police illicit tobacco sales under HMRC proposals – OUT-LAW.com
‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’
OUT-LAW.com, 22nd February 2017
Source: www.out-law.com
Thinking about reasons again – UK Human Rights Blog
‘There is, I am glad to say, an insistence these days in the Court of Appeal that the giving of proper reasons is a necessary part of what can be expected of a planning authority when it grants permission: see my post here for a case last year.’
UK Human Rights Blog, 21st February 2017
Source: www.ukhumanrightsblog.com
Confidentiality, Costs and Mediation – Garden Court Chambers
‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’
Garden Court Chambers, 31st January 2017
Source: www.gardencourtmediation.co.uk
Online court “visible by September and no big bang”, top judge reveals – Legal Futures
‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’
Legal Futures, 22nd February 2017
Source: www.legalfutures.co.uk
Getting to grips with proportionality and additional liabilities – Litigation Futures
‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:
“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…
“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
The government’s Brexit white paper: a missed opportunity – The Constitution Unit
‘On 2 February the government published its white paper on Brexit, which was intended to provide further detail regarding the overall aims the government would be pursuing once Article 50 has been triggered. Nick Wright assesses this document, concluding that whilst it does expand on some of Theresa May’s key pledges set out in the Lancaster House speech in several areas it remains unclear exactly what the government is seeking. One example of this is the idea of a UK-EU strategic partnership, which is proposed in the white paper but not expanded on. Overall, it is hard not to see the white paper as a missed opportunity.’
The Constitution Unit, 20th February 2017
Source: www.constitution-unit.com
How laws are putting strippers in greater danger – The Independent
‘Members of the East London Strippers Collective campaign group have seen the rise and fall of the ‘bonaza era’ of exotic dancing, and they say women are the ones suffering.’
The Independent, 21st February 2017
Source: www.independent.co.uk
Open Space – Local Government Law
‘One of the issues in Whitstable Society v Canterbury City Council [2017] EWHC 254 (Admin) was whether the notification and consultation proceedings required by Section 123(2A) in relation to open space land owned by a local authority ought to have been gone through in respect of the sale of land owned by the City Council. Dove J held not, notwithstanding that the land had been acquired for development as open space and had not been formally appropriated to any other use.’
Local Government Law, 15th February 2017
Source: www.11kbw.com
Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures
‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’
Legal Futures, 22nd February 2017
Source: www.legalfutures.co.uk
Ground-breaking code of practice to tackle pirate websites – Technology Law Update
‘A ground-breaking new initiative targeting online piracy brings together the creative industries and leading search engines under a voluntary code of practice to tackle copyright infringing sites. The deal, brokered by the UK Intellectual Property Office, with the support of Ofcom and the Department for Culture, Media and Sport, will involve collaborative work to demote search results that link to illegal sites. There will be ongoing technical consultation and information sharing to improve the process and adapt to change.’
Technology Law Update, 21st February 2017
Source: www.technology-law-blog.co.uk
Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement
‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’
Free Movement, 21st February 2017
Source: www.freemovement.org.uk
Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com
‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’
OUT-LAW.com, 21st February 2017
Source: www.out-law.com
Watchdog to pursue essay-cheat websites – BBC News
‘The universities watchdog is being asked to pursue websites advertising essay-writing services for students.’
BBC News, 21st February 2017
Source: www.bbc.co.uk
Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette
‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’
Law Society’s Gazette, February 2017
Source: www.lawgazette.co.uk
