What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

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Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

Trainee Doctors and Whistleblowing – Littleton Chambers

Posted March 22nd, 2016 in appeals, doctors, employment tribunals, news, whistleblowers by sally

‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’

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Littleton Chambers, 9th March 2016

Source: www.littletonchambers.com

Firm sees off £100k CoA claim after admitting negligence – Law Society’s Gazette

Posted March 22nd, 2016 in appeals, damages, law firms, negligence, news, rectification by sally

‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’

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Law Society’s Gazette, 21st March 2016

Source: www.lawgazette.co.uk

A bolt out of the blue – another winning strike for delayed flight claimants – No. 5 Chambers

Posted March 22nd, 2016 in airlines, appeals, compensation, delay, news, regulations by sally

‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’

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No. 5 Chambers, 16th March 2016

Source: www.no5.com

Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

The Briggs Review – important changes proposed for conduct of litigation in the civil courts – Zenith Chambers

Posted March 22nd, 2016 in civil justice, news, reports by sally

‘On 12 January 2016, Lord Justice Briggs published his interim report which sets out a numberof provisional recommendations for the reform of the civil courts. Briggs LJ is now in the process of having meetings with those practitioners and other interested parties most likely to be affected, the first of which took place in Sheffield on Monday 14 March 2016.’

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Zenith Chambers, 16th March 2016

Source: www.zenithchambers.co.uk

Court of Appeal case: Gentry v Miller & UKI [2016] EWCA Civ 141 – Park Square Barristers

Posted March 22nd, 2016 in appeals, default judgments, delay, fraud, insurance, news by sally

‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’

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Park Square Barristers, 14th March 2016

Source: www.parksquarebarristers.co.uk

What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

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Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

Ched Evans: Rape conviction ‘miscarriage of justice’ appeal heard by senior judges – Daily Telegraph

‘Footballer’s case referred to Court of Appeal in London by Criminal Cases Review Commission, which investigates possible miscarriages of justice.’

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Daily Telegraph, 22nd March 2016

Source: www.telegraph.co.uk

Parish council wins legal challenge over refusal to register land as village green – Local Government Lawyer

Posted March 22nd, 2016 in commons, land registration, local government, news by sally

‘A parish council has won a High Court challenge over a local authority’s refusal to register land in its area as a village green.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

MoJ to urgently review legal aid for trafficking victims – Law Society’s Gazette

Posted March 22nd, 2016 in judicial review, legal aid, news, trafficking in human beings by sally

‘The Ministry of Justice will urgently review its provision of legal aid for people bringing claims for compensation against their traffickers, in response to a judicial review of the current scheme.’

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Law Society’s Gazette, 21st March 2016

Source: www.lawgazette.co.uk

A judge has ordered 90 per cent of a couple’s assets to the housewife in a victory that should be celebrated – The Independent

Posted March 22nd, 2016 in divorce, financial provision, news by sally

‘This week, the English family courts have sent yet another message in support of families and free choice.’

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The Independent, 20th March 2016

Source: www.independent.co.uk

High Court: commercial tenant cannot assign lease to its guarantor – OUT-LAW.com

Posted March 22nd, 2016 in landlord & tenant, leases, news by sally

‘Anti-avoidance provisions in the 1995 Landlord and Tenant (Covenants) Act prevent a tenant from assigning a lease to its guarantor, the High Court has ruled.’

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OUT-LAW.com, 21st March 2016

Source: www.out-law.com

Same Accident, Same Defendant, Two Separate CNFs (One Claiming Vehicle Damage and Credit Hire; the Other PI) Proceed as Separate Claims at all Times, One Settles After Issue, the Other Does Not and is Issued – Abuse of Process or Not? – Zenith PI Blog

Posted March 22nd, 2016 in abuse of process, accidents, costs, news, personal injuries, striking out by sally

‘Last week I went off to the County Court at Newcastle to defend a strike out application made by the Defendant alleging abuse of process. I suspect this won’t be the first time that this factual scenario has arisen where defendants have sought to strike out a claim and where they have been successful, but here the claim was allowed to proceed because it was found that there was no abuse.’

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Zenith PI Blog, 21st March 2016

Source: www.zenithpi.wordpress.com

Boys win appeal over striking out of claim against council over harassment on estate – Local Government Lawyer

‘A High Court judge has ruled that the claims of two boys against a council for negligence in failing to protect them from harassment from neighbours on the estate where they lived were wrongly struck out.’

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Local Government Lawyer, 18th March 2016

Source: www.localgovernmentlawyer.co.uk

Couple win £38,000 payout after council refuses to chop down tree which damaged their home – Daily Telegraph

Posted March 22nd, 2016 in damages, housing, insurance, local government, news, trees by sally

‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

The Curious Incident of the Dog in the Night-Time – Nearly Legal

Posted March 22nd, 2016 in appeals, dogs, families, landlord & tenant, news, nuisance by sally

‘Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in or, by letting the property authorised their tenant’s nuisance – Lawrence v. Fen Tigers Ltd (No. 2) [2014] UKSC 46, [2015] AC 106,).’

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Nearly Legal, 20th March 2016

Source: www.nearlylegal.co.uk

Husband jailed for ‘brutal’ murder of concert pianist wife Natalia Strelchenko – Daily Telegraph

Posted March 22nd, 2016 in domestic violence, murder, news, sentencing by sally

‘John Martin killed talented musician Natalia Strelchenko on their two year wedding anniversary.’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Operation Midland: Child abuse inquiry ends with no charges brought – BBC News

Posted March 22nd, 2016 in child abuse, conspiracy, inquiries, news, police by sally

‘A Met Police inquiry into claims a VIP Westminster paedophile ring abused children in the 1970s and 1980s has closed without charges being brought, Scotland Yard has announced.’

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BBC News, 21st March 2016

Source: www.bbc.co.uk

Harold Shipman timed suicide to ensure his wife got £100k pension pay out – The Independent

Posted March 22nd, 2016 in death in custody, news, pensions, suicide by sally

‘Serial killer Harold Shipman timed his suicide so his wife could cash in a £100,000 pension payout, according to secret prison records. ‘

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The Independent, 20th March 2016

Source: www.independent.co.uk