Current Awareness – Page 1584 – Legal News selected by the Inner Temple Library

Short-term Lettings and the Sharing Economy – Tanfield Chambers

Posted November 9th, 2016 in health & safety, insurance, landlord & tenant, news, planning by sally

‘The beginning of 2016 has seen much focus on the buy to let market with the changes to the tax implications for those purchasers who already own property. The Government has announced further changes to come for buy to let landlords – might budding landlords seek to overcome these changes by exploring opportunities for shorter lets of their own homes, or alternatively, rooms in their own homes?’

Tanfield Chambers, 6th October 2016

Source: www.tanfieldchambers.co.uk

Beware the dangers of uncertainty with letters of intent – Hardwicke Chambers

Posted November 9th, 2016 in arbitration, construction industry, contracts, news by sally

‘Alexander Nissen QC’s recent decision in Spartafield Ltd v Penten Group Ltd brings a degree of finality to the long-running dispute between these two parties. It comes after multiple adjudications and previous proceedings in the TCC. Back in March, my colleague Ebony Alleyne discussed what was then the most recent judgment, dealing with the enforcement of an adjudicator’s decision.’

Hardwicke Chambers, 2nd November 2016

Source: www.hardwicke.co.uk

Lords justice spokesman condemns ‘ill-informed’ attacks on judiciary – The Guardian

Posted November 9th, 2016 in freedom of expression, judiciary, lord chancellor, media, ministers' powers and duties, news, parliament by sally

‘The Lords’ spokesperson for the ministry of justice has condemned “ill-informed” media attacks on judges, as political pressure mounts for Liz Truss to speak out more clearly in defence of judicial independence.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

Some Lessons from Uber – No. 5 Chambers

Posted November 9th, 2016 in appeals, employment, news, self-employment, taxis, tribunals by sally

‘Anthony Korn highlights some lessons from the much publicised and controversial tribunal ruling in Aslam and Farrar v Uber BV, Uber London Ltd and Uber Britannia Ltd (case Nos 2202551/2015).’

No. 5 Chambers, 31st October 2016

Source: www.no5.com

Sinclair Gardens Investments (Kensington) Ltd v Wisbey [2016] UKUT 203 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, landlord & tenant, leases, news, tribunals by sally

‘Solicitors costs of and incidental to the preparation of a counter notice were recoverable under s. 60 LRHUDA 1993. There ought to be some reduction in costs where a landlord was dealing with multiple claims involving the same building.’

Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

Making waves: the decision in Essar v Norscot: a view from the Bar – Hardwicke Chambers

Posted November 9th, 2016 in agreements, arbitration, costs, news by sally

‘Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.’

Hardwicke Chambers, 25th October 2016

Source: www.hardwicke.co.uk

If it ain’t broke – Hardwicke Chambers

Posted November 9th, 2016 in landlord & tenant, leases, news, rent by sally

‘The interplay between tenants’ rent obligations and their ability to break the term of their leases has for a number of years been a topic which has been of considerable interest to practitioners advising both either landlords or tenants. Two cases in particular will have been high on the radar in advising clients both before and after the exercise of a break clause.’

Hardwicke Chambers, 12th October 2016

Source: www.hardwicke.co.uk

Committal Applications in the Absence of the Defendent: Two Recent Cases, By Ashley Cukier – Littleton Chambers

Posted November 9th, 2016 in committals, disclosure, evidence, loans, news by sally

‘Ashley Cukier considers two recent judgments of the High Court (Alfa Bank v Reznik [2016] EWHC B21 (Comm) and Taylor v Van Dutch Marine & Others [2016] EWHC 2201 (Ch)), which demonstrate the courts’ willingness, if the circumstances justify it, to hear committal applications in the absence of the defendant.’

Littleton Chambers, 6th October 2016

Source: www.littletonchambers.com

Moving on from Bolam – the High Court applies the Montgomery v Larnarkshire test in a financial professionals – Hailsham Chambers

Posted November 9th, 2016 in banking, duty of care, financial regulation, negligence, news by sally

‘The High Court has for the first time outside a medical context declined to apply the traditional Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 test for the standard of care in favour of the new test in Montgomery v Larnarkshire Health Board [2015] AC 1430. Coutts, the private bank, was found to owe a duty to take reasonable care to ensure that their clients were aware of the risks of suggested investments. This is an important development in professional negligence law and one that may have far-reaching consequences.’

Hailsham Chambers, 3rd November 2016

Source: www.hailshamchambers.com

Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, fundamental dishonesty, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 9th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’

UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Preservation of Evidence and Misconduct During Employment: Is the Law Right? – Littleton Chambers

Posted November 9th, 2016 in confidentiality, disclosure, documents, employment, news, wrongful dismissal by sally

‘An employee believes that the working relationship with her employer is breaking down. She anticipates future disputes about a bonus, and any imminent future termination. Wanting to ensure that she has key documents available in case she needs to seek advice or prove a future claim, she emails some of them – including confidential documents – to a hotmail account. Has she done anything wrong?’

Littleton Chambers, 4th October 2016

Source: www.littletonchambers.com

Vicarious Liability for Assaults – Park Square Barristers

Posted November 9th, 2016 in arbitration, assault, negligence, news, vicarious liability by sally

‘Caroline Wood recently successfully represented the defendant local council in respect of a claim arising from an assault by a teaching assistant on a lunchtime supervisor, both of whom were employees at the same school.’

Park Square Barristers, 25th October 2016

Source: www.parksquarebarristers.co.uk

Litigants in Person, Costs Budgeting and McKenzie Friends: A Practical View from the Bar – Littleton Chambers

Posted November 9th, 2016 in budgets, civil procedure rules, costs, McKenzie friends, news by sally

‘In his monthly column, James Bickford Smith discusses two important decisions concerning respectively the applicability of costs budgeting rules to litigants in person and the court’s approach to attempts to control a litigant’s choice of McKenzie friends.’

Littleton Chambers, 7th November 2016

Source: www.littletonchambers.com

MP calls for tougher animal cruelty sentences amid link to domestic abuse – The Guardian

Posted November 9th, 2016 in animal cruelty, bills, domestic violence, news, sentencing by sally

‘A Labour MP is pressing the government to increase the penalties for animal cruelty offences, noting that research shows people who harm animals are more likely to go on to commit crimes such as domestic abuse.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

The right of a natural father without parental responsibility to receive notice of adoption proceedings – No. 5 Chambers

Posted November 9th, 2016 in adoption, news, notification, parental responsibility, parental rights by sally

‘This short article examines the law concerning the right of a natural father without parental responsibility to receive notice of adoption proceedings relating to his child.’

No. 5 Chambers, 19th September 2016

Source: www.no5.com

Failure to pay correct Court fee leads to strike-out – Park Square Barristers

Posted November 9th, 2016 in courts, fees, news, proportionality, striking out by sally

‘Mr C claimed that he was injured as a result of a fall in a pub in November 2012. Proceedings were issued by Mr C four days before limitation expired in November 2015. The Statement of Value on the Claim Form limited the claim to £10,000 and the relevant court fee of £455 was paid.’

Park Square Barristers, 17th October 2016

Source: www.parksquarebarristers.co.uk

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

The Independent, 8th November 2016

Source: www.independent.co.uk

Denholm v Stobbs [2016] UKUT 288 (LC) (aka “12 Needham Road”) – Tanfield Chambers

Posted November 9th, 2016 in appeals, leases, news, tribunals by sally

‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’

Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

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