Can lenders avoid cost budgeting? – Tanfield Chambers
‘Is it possible for lenders to avoid the courts’ enthusiasm for managing costs of litigation?’
Tanfield Chambers, 20th April 2016
Source: www.tanfieldchambers.co.uk
Moorjani v Durban Estates – Tanfield Chambers
‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
Hillsborough disaster: Fans unlawfully killed – BBC News
‘Ninety-six football fans who died as a result of a crush in the Hillsborough disaster were unlawfully killed, the inquests have concluded.’
BBC News, 26th April 2016
Source: www.bbc.co.uk
Brexit – what will happen to the UK’s environmental policy? – Cloisters
‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’
Cloisters, 7th April 2016
Source: www.cloisters.com
Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers
‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
Damages for loss of chance in professional negligence cases – Park Square Barristers
‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”
Park Square Barristers, 24th March 2016
Source: www.parksquarebarristers.co.uk
Missed opportunities: the right of light and human rights – Tanfield Chambers
‘It is surprising that, during the 16 years that the Human Rights Act 1998 “HRA98” has been in force, that there has been no case in which the domestic courts have ruled upon the impact of convention rights in a case involving a right to light. The explanation for this may be found in the perception that convention rights are enforceable against public bodies, an understandable view in light of s6 of the HRA98, while litigation in these cases is between commercial organisations or private individuals. However, the perception that convention rights cannot apply in litigation between private individuals is not entirely correct. This article seeks to explore the basis upon which convention rights may assist in those cases concerning a right to light where conventional argument may not provide a successful outcome.’
Tanfield Chambers, 22nd April 2016
Source: www.tanfieldchambers.co.uk
Has the Town and Country Planning Act 1990 Stood the Test of Time? – Radcliffe Chambers
‘In this year of momentous anniversaries the planning system has reached a modest milestone. 25 years (or, perhaps, a generation) has now passed since the enactment of the Town and Country Planning Act 1990. So it is worth while taking stock, reflecting, and asking: Has the 1990 Act stood the test of time?’
Radcliffe Chambers, 22nd April 2016
Source: www.radcliffechambers.com
Planning for Protests – Tanfield Chambers
‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers
‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’
Tanfield Chambers, 26th April 2016
Source: www.tanfieldchambers.co.uk
Misuse of your private information – Can You Put A Value On That? – 4 KBW
‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’
4 KBW, 8th April 2016
Source: www.4kbw.net
Secondary victims revisited: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne – Cloisters
‘Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]:
there must be a close tie of love and affection with the person killed, injured or imperilled;
there must be proximity in time and space to the incident or its immediate aftermath;
the incident or its immediate aftermath must have been directly perceived;
the psychiatric injury must be induced by a sudden shocking event.’
Cloisters, 14th April 2016
Source: www.cloisters.com
Infants in Arms – Do babies pay their way? – 4 KBW
‘In two recent decisions, the County Court at Liverpool has held that infants carried in the arms of another passenger were not themselves fare-paying passengers, but had in fact travelled for free. As a consequence, the infants were not eligible for the fixed compensation available to fare-paying passengers under the Regulation (EC) No. 261/2004 (“the Regulation”).’
4 KBW, 22nd April 2016
Source: www.4kbw.net
Technology and the Law – Speech by Lord Neuberger
Speech by Lord Neuberger, President of The Supreme Court
British Irish Commercial Bar Association Law Forum, 21st April 2016
Source: www.supremecourt.uk
Court of Appeal rules on meaning of “inappropriate development” in Green Belt – Local Government Lawyer
‘The Court of Appeal has handed down a key ruling on the meaning of “inappropriate development” in the Green Belt.’
Local Government Lawyer, 25th April 2016
Source: www.localgovernmentlawyer.co.uk
“Change in law needed” to open up Legal Ombudsman to clients of unregulated firms, says boss – Legal Futures
‘Only a change in the law would allow the Legal Ombudsman (LeO) to cover complaints from consumers of unregulated law firms, the chair of the organisation’s governing body has said as he called on paralegals to campaign for access to the redress scheme.’
Legal Futures, 26th April 2016
Source: www.legalfutures.co.uk
Hillsborough inquests: Jury to reveal conclusions into 96 deaths – BBC News
‘The jury at the Hillsborough inquests will reveal its conclusions later into how 96 football fans were fatally injured in the 1989 stadium disaster.’
BBC News, 26th April 2016
Source: www.bbc.co.uk
Government avoids defeat over lone child refugees call – BBC News
‘MPs have voted against an attempt to force the government to allow 3,000 unaccompanied child refugees into the UK from Europe.’
BBC News, 26th April 2016
Source: www.bbc.co.uk
Credit Hire Charges Remain in Protocol – Stage 3 Procedure Appropriate – Not Appropriate to Reallocate to Part 7 – Zenith PI Blog
‘In Phillips v Willis the Court of Appeal held that it was wrong in law and “irrational” for a claim proceeding via the low-value RTA Protocol to be reallocated to the small claims track simply because only hire charges remained in dispute. The claim should properly have been dealt with at a Stage 3 hearing.’
Zenith PI Blog, 25th April 2016
Source: www.zenithpi.wordpress.com
What has the European Court of Human Rights done for us? – The Independent
‘Campaigners and politicians have criticised Home Secretary Theresa May’s assertion that Britain should leave the European Court of Human Rights (ECHR).’
The Independent, 25th April 2016
Source: www.independent.co.uk
