The lawyer who takes the cases no one wants – The Guardian
‘It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible.’
The Guardian, 14th April 2016
Source: www.guardian.co.uk
Category: news
Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers
‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’
Littleton Chambers, 4th April 2016
Source: www.littletonchambers.com
The impact of new consumer regulations – Hardwicke Chambers
‘On 1 October 2015 the Consumer Rights Act 2015 (“CRA”) came into force. CRA superseded the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”). The CRA aims to modernise, simplify and consolidate key parts of consumer law; it is the cornerstone of an extensive consumer law reform programme. Anyone acting in a landlord and tenant dispute or drafting tenancy or lease agreement needs to be familiar with its provisions’
Hardwicke Chambers, 11th March 2016
Source: www.hardwicke.co.uk
Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers
‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’
Hardwicke Chambers, 31st March 2016
Source: www.hardwicke.co.uk
Just and Equitable Winding – Up & Bankruptcy Trustees – New Square Chambers
‘In a recent decision the Companies Court has held that trustees in bankruptcy do not need to satisfy the actual registration requirements set out in s.124(2)(b) of the Insolvency Act 1986 (“IA”) before presenting a just and equitable winding-up petition. For the first time, the decision in Stratford Edward Hamilton & James Ashley Dowers (Trustees in Bankruptcy of Charles Newell Brown) v Maureen Frances Brown & C&MB Holdings Ltd [2016] EWHC 191 (Ch)puts bankruptcy trustees in the same position as they are in with respect to unfair prejudice petitions and means that they do not have to wait a minimum of six months following their appointment to have the necessary locus to present a just and equitable winding up petition.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers
‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers
‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’
Hardwicke Chambers, 8th April 2016
Source: www.hardwicke.co.uk
The Future of Employment Tribunals: A Need for Change? – Littleton Chambers
‘Dodge the tumbleweed blowing down the corridors, enter any Employment Tribunal (ET) waiting room and you will almost certainly see at least one employment lawyer sitting, staring at the dregs in their polystyrene cup looking to see whether the tealeaves will reveal if and when ET litigation will rise again, or whether the end of the ET system is nigh.’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
Commercial Landlord & Tenant Law – New Square Chambers
‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
Service Provision Changes and Multiple Organised Groupings – Littleton Chambers
‘Nicholas Siddall analyses the recent decision of Simler J(P) in Arch Initiatives v GMW Mental Health NHS Foundation Trust & Others [2016] UKEAT/0267/15/RN and seeks to analyse the wider importance of the decision.’
Littleton Chambers, 5th April 2016
Source: www.littletonchambers.com
Proprietary Estoppel: Expectation or Detriment – New Square Chambers
‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
Testamentary capacity and the not-so golden rule: Burns v Burns [2016] EWCA Civ 37 – Park Square Barristers
‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’
Park Square Barristers, 31st March 2016
Source: www.parksquarebarristers.co.uk
Celebrity injunction: blogger defies legal threats as more papers print details – The Guardian
‘Attempts to silence a blogger who published the identities of a celebrity couple at the centre of a UK press injunction appear to have backfired, as newspapers in Canada and Sweden published details of the story.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
EU court hears case on UK data retention laws – OUT-LAW.com
‘The EU’s highest court will hear arguments on Tuesday concerning the validity of UK data retention laws.’
OUT-LAW.com, 12th April 2016
Source: www.out-law.com
How legal history shapes the present – OUP Blog
‘The field of “legal history” studies the relationship that “law” and legal institutions have to the society that surrounds them. “Law” means everything from local regulations and rules promulgated by administrative agencies, to statutes and court decisions. Legal history is interested in how “law” and legal institutions operate and how they change over time in reaction to changing economic, social, and political conditions. It looks at people who are “governed” by law, as well as how those people try to influence law and legal actors. Thus, the field covers such diverse topics as the Roman law of wills, the social and economic conditions that brought down feudalism, the legal ideas motivating the American Revolution, the way that slave patrols kept the slave system in place, the legal regulation of business in the early 20th century, right up through the Black Power movement’s critique of the US criminal justice system.’
OUP Blog, 12th April 2016
Source: http://blog.oup.com
Council wins judicial review over advice given to Greggs under Primary Authority – Local Government Lawyer
‘A High Court judge has upheld Hull City Council’s judicial review claim over advice given by Newcastle City Council to Greggs under the ‘Primary Authority’ scheme.’
Local Government Lawyer, 12th April 2016
Source: www.localgovernmentlawyer.co.uk
Woman jailed after sexually assaulting taxi driver – The Independent
‘A woman has been jailed after she sexually assaulted a male taxi driver in an attempt to avoid paying £26.50 for the journey.’
The Independent, 12th April 2016
Source: www.independent.co.uk
