Thomas Poole: Losing our Religion? Public Law and Brexit – UK Constitutional Law Association

Posted December 2nd, 2016 in constitutional history, constitutional law, news, parliament, prerogative powers, referendums, treaties by sally

‘Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within that foundational structure. The Bill of Rights treats prerogative as the antithesis of good government. Its primary target is a range of extra-legal powers hitherto asserted by the King, pride of place being given to the power to dispense with laws and the power to suspend Acts of Parliament.’

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UK Constitutional Law Association, 2nd December 2016

Source: www.ukconstitutionallaw.org

Bar Council and Inns: Cut training cost by allowing students to learn the law how they want – Legal Futures

Posted December 2nd, 2016 in barristers, inns of court, legal education, news by sally

‘A model of training barristers that would split the Bar professional training course (BPTC) into two – allowing students to learn procedure and evidence however they want before undergoing compulsory skills training – has been put forward by the Bar Council and Council of the Inns of Court (COIC) as another alternative to the Bar Standards Board’s (BSB) current consultation on training reform.’

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Legal Futures, 2nd December 2016

Source: www.legalfutures.co.uk

Child sex abuse inquiry ‘hands police 80 cases a month’ – BBC News

Posted December 2nd, 2016 in child abuse, inquiries, news, sexual offences by sally

‘An average of 80 child sex abuse cases a month have been referred to police over the last year following victims’ testimony to an independent inquiry.’

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BBC News, 1st December 2016

Source: www.bbc.co.uk

Why our 21st century democracy needs the spirit of 1647 – The Guardian

Posted December 2nd, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’

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The Guardian, 2nd December 2016

Source: www.guardian.co.uk

Holocaust survivor: care home feels like being back in concentration camp – Daily Telegraph

Posted December 2nd, 2016 in care homes, deprivation of liberty safeguards, elderly, news, restraint by sally

‘Holocaust survivor who said living in a care home reminded her of being back in a Nazi concentration camp has been given special permission by a court to return home despite her frail condition.’

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Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk

Hate preacher laws may need re-examining, says independent reviewer – The Guardian

Posted December 2nd, 2016 in freedom of expression, hate crime, news, terrorism by sally

‘Extra legal powers may be needed to prosecute hate preachers who encourage violent radicalisation in private conversations, according to the independent reviewer of terrorism legislation.’

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The Guardian, 1st December 2016

Source: www.guardian.co.uk

Time to party (over that wall) like it’s 1996 – Hardwicke Chambers

Posted December 1st, 2016 in boundaries, enforcement, news, party walls by sally

‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’

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Hardwicke Chambers, 1st December 2016

Source: www.hardwicke.co.uk

High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

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No. 5 Chambers, 18th November 2016

Source: www.no5.com

The Taxonomy of Evidence: Experts, Facts, Opinions and the Courts by Grahame Anderson – Littleton Chambers

Posted December 1st, 2016 in admissibility, evidence, expert witnesses, news, opinions by sally

‘In Darby Properties Limited and another v Lloyds Bank plc, Master Matthews has given judgment in a case concerning the admissibility of expert evidence in an interest rates hedging products case.’

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Littleton Chambers, 24th November 2016

Source: www.littletonchambers.com

Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

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Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

Excalibur and third party funders – guidance from the Court of Appeal – Hardwicke Chambers

Posted December 1st, 2016 in appeals, costs, news, third parties by sally

‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’

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Hardwicke Chambers, 18th November 2016

Source: www.hardwicke.co.uk

Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

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Cloisters, 9th November 2016

Source: www.cloisters.com

Contractual indemnity clauses and costs of service charge proceedings in the First-Tier Tribunal – Hardwicke Chambers

Posted December 1st, 2016 in costs, indemnities, landlord & tenant, leases, news, tribunals by sally

‘A landlord may rely on a contractual indemnity clause in a lease to claim as an administration charge the whole of the costs of service charge proceedings in the First Tier Tribunal (Property Chamber) even where it has already been awarded some of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, as Martin Rodger QC, Deputy President, has held in 87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC).’

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Hardwicke Chambers, 14th November 2016

Source: www.hardwicke.co.uk

Mooring Rights – Falcon Chambers

Posted December 1st, 2016 in news, rights of way, ships, water by sally

‘Mooring involves attaching a boat to the bed or to the bank of a river. So the first stage of the analysis involves establishing who owns the bed and/or the bank.’

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Falcon Chambers, October 2016

Source: www.falcon-chambers.com

Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Is gender segregation in education discriminatory? – Cloisters

Posted December 1st, 2016 in education, gender, news, school children, sex discrimination by sally

‘Rachel Barrett and Chris Milsom discuss the recent case of Interim Executive Board of X School v Chief Inspector of Education, Children’s Services and Skills [2016] EWHC 2813 (Admin) in this blog.’

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Cloisters, 10th November 2016

Source: www.cloisters.com

When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’

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Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Eric King and Daniella Lock: Investigatory Powers Bill: Key Changes Made by the Lords – UK Constitutional Law Association

Posted December 1st, 2016 in bills, investigatory powers, media, news, parliament, privacy, warrants by sally

‘What was formerly known as the Investigatory Powers Bill has received Royal Assent and is now the Investigatory Powers Act. The Bill was first published in draft form in November 2015 (- for a very helpful analysis of the Bill at this stage, please read Dr Tom Hickman’s blog). The passage of the Bill through Parliament, after it was it was introduced in March this year, took just under nine months. Amendments made by the House of Commons were described as ‘largely technical or minor drafting amendments’. Consequently, for all those hoping to see significant changes made to the legislation, a lot hung on the Bill’s amendments during its passage through the Lords.’

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UK Constitutional Law Association, 1st December 2016

Source: www.ukconstitutionallaw.org

Lord Howard convicted of failing to say who was driving his car when it was caught speeding – Daily Telegraph

Posted December 1st, 2016 in appeals, costs, fines, news, perverting the course of justice, road traffic offences by sally

‘Former Tory leader Michael Howard has been convicted of failing to say who was driving his car when it was caught by a speed camera.’

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Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk