Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors – WLR Daily

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors [2016 [EWHC] 1614 (Ch)

‘The claimant bank brought a claim for professional negligence against the defendant firm of solicitors. The claimant’s solicitors sent a letter to the defendant’s solicitors stating that they were accepting the defendant’s offer to settle contained in a “ without prejudice save as to costs” letter (“WPSAC letter”) and enclosing a draft Tomlin order. A series of without prejudice letters and conversations followed. The defendant’s solicitors wrote reiterating the terms of their offer of settlement. Subsequently, the claimant’s solicitors sent a without prejudice letter containing a CPR Pt 36 offer. The parties differed as to the effect of the claimant’s Part 36 offer on the defendant’s WPSAC letter. The defendant contended that the claimant’s Part 36 offer was a counteroffer and, in law, had the effect of rejecting its WPSAC letter so that thereafter, it was not open for acceptance.’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

Supreme Court revamp raises hopes for women – Law Society’s Gazette

Posted July 13th, 2016 in diversity, equality, judges, judiciary, news, Supreme Court, women by sally

‘The Supreme Court is expected to revamp its judicial selection process, which could result in more women filling vacancies.’

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Law Society’s Gazette, 12th July 2016

Source: www.lawgazette.co.uk

We Need To Talk About…Abu Qatada – RightsInfo

‘In the first of an occasional series, we discuss a controversial human rights case and argue that there is another side to the way the case was reported.’

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RightsInfo, 7th July 2016

Source: www.rightsinfo.org

The digital drive – Counsel

‘Catherine Baksi considers whether lawyers, judges, courts and clients are ready for a digital revolution, the drivers for change, and impact on access to justice.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

Government alters thresholds for scrutiny of neighbourhood planning appeals – OUT-LAW.com

Posted July 13th, 2016 in appeals, housing, local government, news, planning by sally

‘The UK government has extended its scrutiny of planning appeals involving housing development in neighbourhood planning areas, but the thresholds for the recovery of such appeals have been altered.’

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OUT-LAW.com, 13th July 2016

Source: www.out-law.com

Divorced husband allowed to challenge will – Legal Futures

Posted July 13th, 2016 in divorce, news, probate, wills by sally

‘A divorced husband has been given permission to challenge the validity of his ex mother-in-law’s will.’

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Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

Lingerie firm wins court fight over tax on bras for breast cancer patients – Daily Telegraph

‘Lingerie company bosses have won a Supreme Court fight over tax on special bras worn by women who have had a mastectomy.’

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Daily Telegraph, 13th July 2016

Source: www.telegraph.co.uk

Ex-soldier jailed for trying to buy guns ‘to fight for IS’ – BBC News

Posted July 13th, 2016 in firearms, Islam, news, sentencing, terrorism, weapons by sally

‘A former British soldier who tried to join the so-called Islamic State has been jailed for 18 years for attempting to buy machine guns and pistols.’

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BBC News, 12th July 2016

Source: www.bbc.co.uk

Has the Claimant Beaten its Part 36 Offer? Perhaps not as Simple as it Looks – Zenith PI Blog

‘HHJ Pelling QC considered whether, when considering if a claimant had beaten its Part 36 offer, the court should simply compare the amount of the judgment with the offer the claimant had made or if account should be taken of the interest that had accrued in the period leading up to the trial.’

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Zenith PI Blog, 13th July 2016

Source: www.zenithpi.wordpress.com

The takeover: how police ended up running a paedophile site – The Guardian

‘Exclusive: the inside story of a police operation that secretly took over a child abuse forum in a six-month sting, and the stunning breakthrough that led them to snaring Richard Huckle, ‘Britain’s worst-ever paedophile’.’

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The Guardian, 13th July 2016

Source: www.guardian.co.uk

Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

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OUT-LAW.com, 12th July 2016

Source: www.out-law.com

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

Full story

Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

Snooper’s charter could endanger journalists and sources, peers warn – The Guardian

‘Peers have issued a serious warning that the government’s proposed “snooper’s charter” law could endanger journalists and their sources.’

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The Guardian, 12th July 2016

Source: www.guardian.co.uk

Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

Private tutors ‘must face criminal records checks’ – BBC News

Posted July 13th, 2016 in children, criminal records, disclosure, education, news, teachers by sally

‘All self-employed tutors should be legally required to have a criminal records check before they can offer private lessons to children in the UK, children’s charity the NSPCC says.’

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BBC News, 13th July 2016

Source: www.bbc.co.uk

Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

Full story

Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

Orgreave report ‘could prejudice Hillsborough inquiry’ – BBC News

‘A full report into allegations of police misconduct at the so-called Battle of Orgreave will not be made public, the Independent Police Complaints Commission has ruled.’

Full story

BBC News, 12th July 2016

Source: www.bbc.co.uk