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.’
BBC News, 26th April 2016
Source: www.bbc.co.uk
No escape from dishonesty hearing for claimant who discontinued – Litigation Futures
‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’
Litigation Futures, 27th April 2016
Source: www.litigationfutures.com
Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com
‘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.’
OUT-LAW.com, 26th Aoril 2016
Source: www.out-law.com
Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures
‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’
Legal Futures, 27th April 2016
Source: www.legalfutures.co.uk
Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement
‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’
Free Movement, 27th April 2016
Source: www.freemovement.org.uk
Cabinet rift widens over European convention on human rights – The Guardian
‘The cabinet split over Theresa May’s call to withdraw from the European convention on human rights has deepened, after Michael Gove’s Ministry of Justice confirmed it was not government policy.’
The Guardian, 26th April 2016
Source: www.guardian.co.uk
Man convicted of series of sex attacks in south London – The Guardian
‘A man has been convicted of carrying out a string of sexual assaults on women in south London over 10 days, including the targeting of four women in just 24 hours.’
The Guardian, 26th April 2016
Source: www.guardian.co.uk
Judge to decide treatment of two-year-old disabled boy who ‘no longer giggles’ – The Independent
‘Specialists have told a High Court judge that their treatment of a “profoundly neurologically disabled” two-year-old boy who they say no longer giggles when tickled and is “largely unresponsive” should be limited to palliative care.’
The Independent, 27th April 2016
Source: www.independent.co.uk
Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian
‘A 27-year struggle for truth by the families of the 96 people killed at the Hillsborough football stadium has been vindicated after new inquests into the disaster determined that they had been unlawfully killed.’
The Guardian, 27th April 2016
Source: www.guardian.co.uk
Don’t Overlook Overeaching – Tanfield Chambers
‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’
Tanfield Chambers, 22nd April 2016
Source: www.tanfieldchambers.co.uk
Saving the bank’s security after it is too late… – Tanfield Chambers
‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
Location, Location, Registration – Tanfield Chambers
‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
Enforceability of fixed charges made by overseas companies – Tanfield Chambers
‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’
Tanfield Chambers, 20th April 2016
Source: www.tanfieldchambers.co.uk
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
