To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

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Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

Allocation schemes and unlawful discrimination – LAG Housing Law

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

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LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

Human Rights: Whether in Europe or Out – Gresham College

Posted April 27th, 2016 in constitutional law, EC law, human rights, jurisdiction, news, referendums by sally

‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?’

Video

Gresham College, 6th April 2016

Source: www.gresham.ac.uk

Prisoner who threw boiling water at nurse sentenced to 11 years jail – Attorney General’s Office

Posted April 27th, 2016 in appeals, grievous bodily harm, news, nurses, prisons, sentencing by sally

‘A violent prisoner in HMP Preston who threw boiling water in the face of a nurse today had his sentence increased to 11 years in jail.’

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Attorney General’s Office, 27th April 2016

Source: www.gov.uk/ago

Report: ABSs punch well above their weight – Legal Futures

‘Alternative business structures (ABS) make up just 4% of all solicitors’ firms but contributed 11% of the profession’s turnover, research has revealed.’

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Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) – WLR Daily

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin)

‘The claimants brought public law claims in the courts of the United Kingdom arising out of the British military involvement in Iraq between 2003 and 2009. The claims involved allegations of ill-treatment and in some cases unlawful killing, of Iraqi civilians by British soldiers. By their claims for judicial review the claimants sought court orders requiring the Secretary of State to investigate alleged human rights violations. Issues arose relating to the UK’s obligations under articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including (i) the nature and scope of the state’s substantive obligation under article 2 of the Convention in relation to the use of lethal force while seeking to quell riots and uphold law and order during the occupation of Iraq, (ii) when the investigative duty under article 2 arose in such circumstances and (iii) the effect of delay on the investigative duties under articles 2 and 3 where the allegations of breach of the substantive rights were made many years after the incidents in question.’

WLR Daily, 7th April 2016

Source: www.iclr.co.uk

Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

Part 25 Applications – The theory and the practice – Family Law Week

‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’

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Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

The Brave New World of Electronic Filing at the Central Family Court – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court’s pilot scheme for electronic filing of documents will work.’

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Family Law Week, 22nd April 2016

Source: www.familylawweek.co.uk

You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

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Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

‘The City regulator has widened its inquiries into potential links between UK financial firms and the law company at the centre of the Panama Papers revelations, it said on Tuesday.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

Is ‘Big Data’ A Threat To Human Rights? – RightsInfo

Posted April 27th, 2016 in computer crime, data protection, EC law, human rights, internet, news, privacy by sally

‘One of the great benefits of modern society is the amount of information available to us everyday. Much of that information is now stored electronically. However, collecting a lot of information together creates risks. Big data showcases the potential utility of amassing information in bulk, but we need to be wary of the possible threat to our right to privacy.’

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RightsInfo, 16th April 2016

Source: www.rightsinfo.org

Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

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UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

Government defeated again in Lords over child refugees – BBC News

‘The government has been defeated again in the House of Lords over calls to take in child refugees from Europe.’

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BBC News, 26th April 2016

Source: www.bbc.co.uk

No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Posted April 27th, 2016 in costs, fraud, fundamental dishonesty, news, personal injuries, proportionality by sally

‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’

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Litigation Futures, 27th April 2016

Source: www.litigationfutures.com

Don’t try to defend yourself in court. But if you have to, here are some crucial tips – The Guardian

‘More people than ever seem to be defending themselves. If you do it, make sure you understand the law, know the lingo and how to play the system.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

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OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com