Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers
‘One area of law where Brexit may have an impact is employment law.’
No. 5 Chambers, 1st July 2016
Source: www.no5.com
The Armed Services and the Conflict of Laws: What Law Applies to Services Personnel Injured Abroad? – Old Square Chambers
‘In Rai v Ministry of Defence (HH Judge Mark Gargan sitting as a Deputy High Court Judge, judgment handed down on 9 May 2016), the Court had to determine whether the Rome II Regulation 864/2007 applied and to identify what was the proper law of the tort (Alberta law being the law of the place of the accident, or English law). The Claimant was a serving Ghurkha who, as part of Adventurous Training, was sent to Canada. In Canada he received training provided by a Canadian company (“Lazy H Trail Limited”) contracted to provide services, under a contract governed by Alberta law, for the benefit of the British Army. The circumstances of the accident were that the Claimant was kicked by a horse on the first day of training, as he attempted to clean the horse’s hoof, thereby suffering a head injury. The Claimant brought a claim for breach of a non-delegable duty of care in negligence against the Ministry of Defence.’
Old Square Chambers, 16th June 2016
Source: www.oldsquare.co.uk
Deposit Dilemmas – Tanfield Chambers
‘Contracts for the sale of land can fail to complete for many reasons. The Standard Conditions and Standard Commercial Conditions require a 10% deposit to be paid on exchange of contracts. This can amount to a substantial sum of money. Purchasers will know that where they fail to complete it is commonplace for the vendor to retain that deposit. In the current market, with property prices soaring ever higher, the out-of-pocket purchaser may be justified in feeling that the vendor has obtained a windfall in keeping the deposit and selling the property on to a third party at a higher price.’
Tanfield Chambers, 6th July 2016
Source: www.tanfieldchambers.co.uk
Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures
‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’
Litigation Futures, 12th July 2016
Source: www.litigationfutures.com
Surrogacy – Child Arrangement Orders – Park Square Barristers
‘This article summarises the recent landmark decision in Re Z (surrogacy agreements) (Child Arrangements Orders) [2016] EWFC 34 whereby the Court awarded full care of the child to the surrogate Mother.’
Park Square Barristers, 11th July 2016
Source: www.parksquarebarristers.co.uk
Management Issues at Mixed-Use Developments – Tanfield Chambers
‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it and, ultimately, to leaseholders wanting to take control (either by exercising the right to collective enfranchisement or the right to manage).’
Tanfield Chambers, 10th June 2016
Source: www.tanfieldchambers.co.uk
Stamp Duty Land Tax – Tanfield Chambers
‘Does the 3% second home surcharge apply to statutory lease extensions and enfranchisement under the 1993 and 1967 Acts?’
Tanfield Chambers, 6th June 2016
Source: www.tanfieldchambers.co.uk
Brexit: What should EEA and EU nationals and their family members do now? – Free Movement
‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’
Free Movement, 12th July 2016
Source: www.freemovement.org.uk
Evidence concern over race review in criminal justice – Law Society’s Gazette
‘A government-sponsored review of possible racial bias in the criminal justice system must not be jeopardised by evidential shortcomings, the Bar Council and Criminal Bar Association have said.’
Law Society’s Gazette, 11th July 2016
Source: www.lawgazette.co.uk
High Court: cost savings of predictive coding “extremely significant” – Litigation Futures
‘The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”.’
Litigation Futures, 12th July 2016
Source: www.litigationfutures.com
Ministry of Justice doubles financial threshold for identifying judicial review backers – Litigation Futures
‘The government has doubled the threshold above which third-party contributors to judicial reviews (JRs) will have to be identified.’
Litigation Futures, 11th July 2016
Source: www.litigationfutures.com
Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association
‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’
UK Constitutional Law Association, July 2016
Source: www.ukconstitutionallaw.org
Justice secretary Michael Gove warned he will ‘lose control’ over crisis in prisons – The Independent
‘Justice Secretary and former Conservative Party leadership contender Michael Gove has been accused of being “absent” as Britain’s prisons have been plunged into crisis and hit by a series of staff walkouts.’
The Independent, 11th July 2016
Source: www.independent.co.uk
FCA will look to ensure consumer protection and support for fintech innovation in crowdfunding review, says expert – OUT-LAW.com
‘The Financial Conduct Authority (FCA) will look to ensure that consumers are sufficiently protected against the risks inherent in crowdfunding while supporting innovation in the growing market in a forthcoming review of its regulation of the industry, an expert has said.’
OUT-LAW.com, 11th July 2016
Source: www.out-law.com
Law Society lays into SRA over handbook rewrite and risk of creating “two-tier” profession – Legal Futures
‘The Law Society has blasted Solicitors Regulation Authority (SRA) plans to allow solicitors to practise from unregulated businesses, saying they risk creating a two-tier profession and eroding the standing of the profession.’
Legal Futures, 12th July 2016
Source: www.legalfutures.co.uk
Rapist jailed for life following attack on grieving mother – Daily Telegraph
‘A brutal sex attacker has been jailed for life after admitting raping a grieving mother as she placed flowers on the grave of her six-year-old son.’
Daily Telegraph, 11th July 2016
Source: www.telegraph.co.uk
Coroner to write to FA after boy is killed by touchline peg at match – The Guardian
‘A coroner is to write to English football’s governing body after a metal anchor peg from a touchline barrier was catapulted through the air and lodged itself in the skull of a 12-year-old boy, causing fatal injuries.’
The Guardian, 11th July 2016
Source: www.guardian.co.uk
Two jurors found guilty of contempt of court – Attorney General’s Office
‘Two jurors found guilty of contempt of court were sentenced to suspended prison terms after a hearing in the Royal Courts of Justice today.’
Attorney General’s Office, 9th July 2016
Source: www.gov.uk/ago
‘Should Vote Leave be prosecuted over its referendum propaganda?’ – Church Court Chambers
‘On 23 June 2016 over 33 million people voted in the EU referendum. Since that date there has been widespread anger from those who believe that the organisation ‘Vote Leave’ misled members of the public. Vote Leave is said to have done so by promoting two claims. First, that the UK sends £350 million to the European Union every week and this money would be spent on the National Health Service if the UK voted to leave the European Union. Second, that remaining in the European Union would lead to unrestricted immigration.’
Church Court Chambers, 7th July 2016
Source: www.churchcourtchambers.co.uk
