“Good” appeals not being taken to EAT because of fees, former president claims – Litigation Futures

Posted February 25th, 2016 in appeals, employment tribunals, fees, judiciary, news by sally

‘The introduction of a £1,600 fee to bring a case to the Employment Appeal Tribunal (EAT) has deterred many ‘good’ appeals while having no effect on those that are ‘bad’ or ‘opportunistic’, the former president of the EAT has claimed.’

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Litigation Futures, 25th February 2016

Source: www.litigationfutures.com

CPS should have closer oversight of police in child sex abuse cases, ex-DPP says – The Guardian

Posted February 25th, 2016 in child abuse, children, Crown Prosecution Service, news, police, sexual offences by sally

‘The Crown Prosecution Service should have had closer oversight of the police to control the “disgrace” of some historical child sexual abuse investigations, a former director of public prosecutions has said.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

Lord Lucan and the Presumption of Death Act 2013 – Park Square Barristers

Posted February 25th, 2016 in news, peerages & dignities, presumption of death orders, probate by sally

‘The press has been awash with reports of the recent case in which Lord Bingham, the son of the 7th Earl of Lucan, obtained a Court Order which finally allowed him to succeed to the title held by his father – who had been missing for over 40 years following the death of a former nanny. The case attracted frenzied press coverage in 1974 when the family nanny, Sandra Rivett, was found dead at the home of Lord Lucan’s estranged wife in Belgravia. Suspected of her murder, Lord Lucan fled and was never seen again. However, this was only the beginning of the saga for the family. Over the ensuing years there were regular reports of sightings of the fugitive peer. None were confirmed, and an alternative theory was that he had committed suicide shortly after the murder.’

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Park Square Barristers,

Source: www.parksquarebarristers.co.uk

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

Woman found guilty of not revealing husband’s Isis plans – The Independent

Posted February 25th, 2016 in aiding and abetting, news, proscribed organisations, terrorism by sally

‘A mother-of-three has been found guilty of failing to inform authorities that her husband intended to join the so-called Islamic State.’

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The Independent, 24th February 2016

Source: www.independent.co.uk

Heathrow 13: climate change protesters avoid jail – The Guardian

Posted February 25th, 2016 in airports, demonstrations, news, sentencing, trespass by sally

‘Six women and seven men have avoided jail for trespassing at Heathrow, following a protest against the possible expansion of the airport.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

Sharing the Spoils – Tanfield Chambers

Posted February 24th, 2016 in covenants, insurance, interpretation, landlord & tenant, leases, news by sally

‘It is not uncommon for a lease to impose an obligation on one party or another to insure the subject property against the usual insured risks. But difficult questions can arise when the party placing the insurance is not the party in occupation. When and to what extent can the proceeds be shared? And what impact does such an arrangement have on damage caused by the occupier’s negligence?’

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Tanfield Chambers, 9th February 2016

Source: www.tanfieldchambers.co.uk

Burns v Burns – elderly testators, mental impairment and the ‘golden rule’ – Tanfield Chambers

Posted February 24th, 2016 in elderly, mental health, news, wills by sally

‘What if an elderly client, whose state of mental health is uncertain, approaches you and asks you to prepare her will?’

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Tanfield Chambers, 8th February 2016

Source: www.tanfieldchambers.co.uk

Offers & CRU – Crooks v Hendricks Lovell Ltd [2016] – Park Square Barristers

Posted February 24th, 2016 in benefits, compensation, news, part 36 offers, personal injuries by sally

‘On the 15th January 2016 the Court of Appeal gave judgment in the case of Crooks v Hendricks Lovell Limited [2016] EWCA Civ 8, which concerned the interpretation of an offer made by a Defendant to settle a claim for personal injury and associated losses.’

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Park Square Barristers, 9th February 2016

Source: www.parksquarebarristers.co.uk

Catalogue of errors around protection of Jayden Parkinson before murder, review finds – Daily Telegraph

Posted February 24th, 2016 in domestic violence, homicide, news, police, reports by sally

‘Police and care services criticised over handling of Jayden Parkinson, 17, who was strangled by her violent ex-partner Ben Blakeley after she told him she was pregnant.’

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Daily Telegraph, 24th February 2016

Source: www.telegraph.co.uk

Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

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Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

Pension offsetting: a question for the Family Court, or for an actuary? – Tanfield Chambers

Posted February 24th, 2016 in divorce, financial provision, news, pensions by sally

‘In ancillary relief litigation, whose responsibility is it to quantify the value of future pension benefits and their non-pension substitutes if offsetting is being considered? What method should be applied to any comparison of pension and non-pension assets?’

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Tanfield Chambers, 16th February 2016

Source: www.tanfieldchambers.co.uk

CMA relaunches merger inquiry into acquisition of three supermarkets- six months after clearance – Zenith Chambers

Posted February 24th, 2016 in competition, EC law, inquiries, mergers, news by sally

‘The CMA is investigating grocer Netto’s completed acquisition of three stores from Co-Operative Group. The announcement of a fresh UK merger control investigation comes in the wake of the CMA’s July 2015 clearance of the transaction and after learning that it should have been notified to the European Commission under the EU Merger Regulation.’

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Zenith Chambers, 5th February 2016

Source: www.zenithchambers.co.uk

Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

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Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

What is an easement and how are they created and used? – Tanfield Chambers

Posted February 24th, 2016 in easements, news by sally

‘Imagine a farmhouse landlocked on all sides by fields, half a mile from the nearest road. The farmhouse and the fields are in separate ownership. How does the owner of the farmhouse get to the road? The answer to be found in the law of easements.’

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Tanfield Chambers, 16th February 2016

Source: www.tanfieldchambers.co.uk

Real Estate Developer Challenges Tesco in Competition Appeal Tribunal – Zenith Chambers

Posted February 24th, 2016 in competition, news, restrictive covenants by sally

‘A property developer has brought proceedings in the Competition Appeal Tribunal (CAT) alleging that a 1997 land agreement with Tesco is in breach of competition law.’

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Zenith Chambers, 23rd February 2016

Source: www.zenithchambers.co.uk

Court lets mother appeal against ban on using dead daughter’s frozen eggs – The Guardian

Posted February 24th, 2016 in appeals, grandparents, human tissue, news, surrogacy by sally

‘A mother has been granted permission to appeal against a legal ban on her using her dead daughter’s frozen eggs in order to give birth to a grandchild.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

Wrong turnings and joint enterprise – the new law restates the old – Park Square Barristers

Posted February 24th, 2016 in joint enterprise, murder, news by sally

‘Abdul Iqbal QC looks at the judgment delivered today in two important appeals relating to principal and secondary liability joint enterprise criminal law.’

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Park Square Barristers, 19th February 2016

Source: www.parksquarebarristers.co.uk

Challenging Government Decisions a Pain in the Neck – Henderson Chambers

‘On 11 December 2015, Cranston J gave Judgment in Speed Medical Examination Services Limited v Secretary of State for Justice [2015] EWHC 3585 (Admin). Cranston J held that the Defendant’s reforms in respect of the system for obtaining medical reports in whiplash cases was not open to challenge on grounds of irrationality or its purported anticompetitive effects.’

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Henderson Chambers, 3rd February 2016

Source: www.hendersonchambers.co.uk