Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted July 6th, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

ELS Group Ltd, R (on the application of) v HM Revenue and Customs [2016] EWCA Civ 663 (05 July 2016)

Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661 (01 July 2016)

Court of Appeal (Criminal Division)

Rogers, R v [2016] EWCA Crim 801 (01 July 2016)

High Court (Administrative Court)

Binaura, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1578 (Admin) (05 July 2016)

Regional Court In Poznan (Poland) v Czubala [2016] EWHC 1653 (Admin) (05 July 2016)

Davies v Health And Care Professions Council [2016] EWHC 1593 (Admin) (05 July 2016)

OM, R (On the Application Of) v Secretary of State for the Home Office [2016] EWHC 1588 (Admin) (01 July 2016)

Kearsey v Nursing And Midwifery Council [2016] EWHC 1603 (Admin) (01 July 2016)

High Court (Chancery Division)

Aqua Global Solutions Ltd v Fiserv (Europe) Ltd [2016] EWHC 1627 (Ch) (05 July 2016)

Daniel & Ors v Tee & Ors [2016] EWHC 1538 (Ch) (01 July 2016)

Purrunsing v A’Court & Co (a firm) & Anor [2016] EWHC 1528 (Ch) (01 July 2016)

High Court (Commercial Court)

Connect Shipping Inc & Anor v Sveriges Anfgartygs Assurans Forening (The Swedish Club) & Ors [2016] EWHC 1580 (Comm) (01 July 2016)

High Court (Queen’s Bench Division)

Montpelier Business Reorganisation Ltd v AJP One LLP & Ors [2016] EWHC 977 (QB) (05 July 2016)

Marsden v Barclays Bank Plc [2016] EWHC 1601 (QB) (05 July 2016)

F And S vTH [2016] EWHC 1605 (QB) (01 July 2016)

Community Pharmacies (UK) Ltd, R (On the Application Of) v The National Health Service Litigation Authority [2016] EWHC 1595 (QB) (01 July 2016)

The Software Incubator Ltd v Computer Associates UK Ltd [2016] EWHC 1587 (QB) (01 July 2016)

Surrey v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB) (01 July 2016)

High Court (Technology and Construction Court)

Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor [2016] EWHC 1589 (TCC) (01 July 2016)

Perenco UK Ltd & Anor v Bond [2016] EWHC 1498 (TCC) (29 June 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2016 in legislation by Mark L

The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

The Health and Care Professions Council (Miscellaneous Amendments) Rules Order of Council 2016

The Communications (Access to Infrastructure) Regulations 2016

The Enterprise Act 2016 (Commencement No. 1) Regulations 2016

The Representation of the People (England and Wales) (Amendment) Regulations 2016

The National Health Service (Performers Lists) (England) (Amendment) Regulations 2016

The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016

Source: www.legislation.gov.uk

Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

Full story

The Independent, 5th July 2016

Source: www.independent.co.uk

Ofcom faces High Court action by CityFibre over claims it protects BT from broadband competition – Daily Telegraph

Posted July 6th, 2016 in appeals, competition, internet, news, ombudsmen, telecommunications, tribunals by Mark L

‘Ofcom has been accused of making “ridiculous” policy decisions that will cement BT’s position in the broadband market as a “single, unassailable wholesale infrastructure provider” in a High Court challenge by alternative network builder CityFibre.’

Full story

Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

Patient ‘lay dead’ in London A&E for ‘hours’ before being found – BBC News

Posted July 6th, 2016 in doctors, hospitals, news, nurses, quality assurance, standards, statistics by Mark L

‘A patient lay dead for up to four-and-a-half hours before being spotted at one of the busiest A&E departments in the country, inspectors have revealed. A review of North Middlesex University Hospital by the Care Quality Commission also found there were too few competent doctors who were able to assess and treat patients at night.’

Full story

BBC News, 6th July 2016

Source: www.bbc.co.uk

Brother and sister in legal battle over interior designer father’s £20m fortune – Daily Telegraph

Posted July 6th, 2016 in families, news, trusts, wills by Mark L

‘The children of a renowned interior designer, who worked on the QE2, Claridge’s and the Savoy Hotel are locked in a £20m court battle over his fortune.’

Full story

Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

MasterCard faces £19bn lawsuit over claims it ripped off shoppers – The Independent

‘MasterCard is facing a claim of up to £19 billion in damages in a UK collective action over card charges that were passed on to shoppers.’

Full story

The Independent, 6th July 2016

Source: www.independent.co.uk

Breast enlargement ad starring blogger That Pommie Girl banned – The Guardian

Posted July 6th, 2016 in advertising, codes of practice, complaints, cosmetic surgery, news, women by Mark L

‘A TV ad featuring a fashion blogger promoting breast enlargement has been banned for irresponsibly implying to young women that surgery will make them more popular and confident.’

Full story

The Guardian, 6th July 2016

Source: www.guardian.co.uk

Fraud victims outside London have ‘little chance’ of police help – Daily Telegraph

Posted July 6th, 2016 in conveyancing, fraud, internet, London, news, police, solicitors, statistics, victims by Mark L

‘Fraud victims outside London whose cases are reported to the police have “little chance of any kind of investigation”, an authoritative study has found.’

Full story

Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

High Court overturns trio of cost judge rulings over “failing to advise properly” on CFA switches – Litigation Futures

Posted July 5th, 2016 in appeals, costs, fees, law firms, legal aid, news by sally

‘The High Court has overturned three high-profile costs rulings in which Irwin Mitchell lost the right to recover success fees and insurance premiums from defendants after failing to advise on the 10% uplift in general damages before switching clients from legal aid.’

Full story

Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

Sharia review seeks experiences – Law Society’s Gazette

Posted July 5th, 2016 in consultations, inquiries, islamic law, news, solicitors by sally

‘Solicitors who have experience of sharia law were today urged to take part in an independent review examining whether the religious code is being misused within Britain.’

Full story

Law Society’s Gazette, 4th July 2016

Source: www.lawgazette.co.uk

Has the rule of law ever been more important? – Legal Futures

Posted July 5th, 2016 in brexit, EC law, judiciary, news, referendums, rule of law by sally

‘Post-Brexit the separation of powers could be said to be all that is holding this nation together. The Executive is in tatters and Parliament has entered a hiatus without an effective opposition. The only element of our constitutional framework which carries on without pause is the judiciary. It’s a moving proposition to think that those who daily work in courts and public services decimated by cuts are the ones who right now form the only fully functioning element of government.’

Full story

Legal Futures, 4th July 2016

Source: www.legalfutures.co.uk

Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

Full story

BBC News, 4th July 2016

Source: www.bbc.co.uk

What now for human rights in the UK post-Brexit? – Halsbury’s Law Exchange

Posted July 5th, 2016 in bills, brexit, constitutional reform, courts, EC law, human rights, news, treaties by sally

‘Theresa May, expected to shortly emerge as the “stop Boris” prime ministerial candidate in this post-referendum world, kept her head down during the Brexit campaign apart from one notable intervention.’

Full story

Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

Claimant who only beat part 36 offer because of interest “not entitled to enhanced costs” – Litigation Futures

Posted July 5th, 2016 in civil procedure rules, costs, damages, interest, news, part 36 offers by sally

‘A claimant who only beat his part 36 offer at trial because of the interest on the damages awarded through to judgment is not entitled to enhanced costs, the High Court has ruled.’

Full story

Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

Pressing the Red Button on Rights – UK Human Rights

Posted July 5th, 2016 in EC law, human rights, news, treaties by sally

‘Article 50 of the Treaty on European Union (TEU) is the red button for the nuclear option of withdrawal from the EU, and in its design, it was never really, truly envisioned to be pressed. Without testing, and without precedent, we are left with no idea of the potential fallout of pressing that red button. Compared to the quasi-constitutionism of Article 2 TEU evoking the values ‘common to the Member States’ of ‘pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women’; or the brutal legalism of Title VII of the Treaty of the Functioning of the European Union (TFEU) on competition, tax and the approximation of laws; Article 50 TEU is anaemic. It is, essentially, a button triggering a countdown clock, which is on a comparable level of advancement to the 1980s floppy disk.’

Full story

UK Human Rights Blog, 4th July 2016

Source: www.ukhumanrightsblog.com

Revenge porn: Widening the net? – Halsbury’s Law Exchange

Posted July 5th, 2016 in amendments, harassment, internet, legislation, news, pornography, Scotland, victims by sally

‘Little over a year has passed since the Criminal Justice and Courts Act 2015 (CJCA 2015) came into force, making it a criminal offence to disclose private sexual material with the intent of causing fear and distress; legislating for the increase in so called ‘revenge porn’. A slow uptake in successful convictions for this offence has prompted the tabling of further amendments which would serve to widen the ambit of revenge porn criminality, to lower the bar for prosecutions and to encourage reporting of these crimes by granting anonymity to victims.’

Full story

Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

Fertility regulator wrongfully denied consent for mother’s surrogacy – UK Human Rights Blog

Posted July 5th, 2016 in appeals, assisted reproduction, consent, news, surrogacy by sally

‘The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to her own grandchild. Her daughter, referred to as A in the judgment, died of cancer at the age of 28 in 2011. The High Court had dismissed M’s argument that the HFEA had acted unlawfully by refusing to allow the eggs to be exported to a fertility clinic in the United States where an embryo would be created using donor sperm, and implanted in the mother.’

Full story

UK Human Rights Blog, 1st July 2016

Source: www.ukhumanrightsblog.com

Identity fraud up by 57% as thieves target social media – BBC News

Posted July 5th, 2016 in identity fraud, internet, news, reports, statistics by sally

‘The number of victims of identity theft rose by 57% last year, figures from fraud prevention service Cifas suggest.’

Full story

BBC News, 5th July 2016

Source: www.bbc.co.uk