‘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.’
Park Square Barristers, 2nd February 2016
Source: www.parksquarebarristers.co.uk
‘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?’
Tanfield Chambers, 16th February 2016
Source: www.tanfieldchambers.co.uk
‘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.’
Zenith Chambers, 5th February 2016
Source: www.zenithchambers.co.uk
‘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.’
Littleton Chambers, 23rd February 2016
Source: www.littletonchambers.com
‘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.’
Tanfield Chambers, 16th February 2016
Source: www.tanfieldchambers.co.uk
‘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.’
Zenith Chambers, 23rd February 2016
Source: www.zenithchambers.co.uk
‘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.’
The Guardian, 24th February 2016
Source: www.guardian.co.uk
‘Abdul Iqbal QC looks at the judgment delivered today in two important appeals relating to principal and secondary liability joint enterprise criminal law.’
Park Square Barristers, 19th February 2016
Source: www.parksquarebarristers.co.uk
‘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.’
Henderson Chambers, 3rd February 2016
Source: www.hendersonchambers.co.uk
‘The detailed procedural requirements of the Insolvency Rules 1986 make inadvertent breach a perpetual possibility. Debtors often try to take steps to frustrate the process, and may rely on such breaches to do so. A common tactic is to evade personal service. The Court is therefore faced with a need to balance the protections these procedural requirements establish against the possibility of their exploitation by unscrupulous debtors.’
Littleton Chambers, 5th February 2016
Source: www.littletonchambers.com
‘On 15 December 2015, the Commission adopted new Regulations, Regulation (EU) Nos 2015/2340, 2015/2341 and 2015/23421, amending respectively Directives 2004/17/EC, 2004/18/EC and 2009/81/EC in respect of the relevant thresholds for the application of the procedures for the award of public contracts. The reason for this was to set the new procurement thresholds for the two year period beginning 1 January 2016 and to align the thresholds in the Directives with the thresholds applicable under the Agreement on Government Procurement.’
Henderson Chambers, 10th February 2016
Source: www.hendersonchambers.co.uk
‘This Note addresses the question whether the agreement representing the outcome of the negotiations between the United Kingdom and the European Union on the reform of the EU can appropriately be characterised, in the Prime Minister’s phrase, as “legally binding and irreversible”. The original version of the Note was submitted as written evidence to the House of Commons European Scrutiny Committee (“the Scrutiny Committee”), following on from oral evidence that I gave, together with Sir Francis Jacobs QC and Martin Howe QC, on 18 November 2015. That version was prepared in relation to the draft texts accompanying the letter dated 2 February 2016 from Mr Donald Tusk, the President of the European Council, to the Prime Minister. As presented here, the Note relates to the agreement finally reached on 19 February 2016, which differs in some respects from the texts circulated on 2 February, but not so as to cause me to take a different view of the matters discussed.’
Henderson Chambers, 20th February 2016
Source: www.hendersonchambers.co.uk
‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’
The Independent, 23rd February 2016
Source: www.independent.co.uk
‘Lord Chief Justice appears to agree with calls to have cases heard in hotels and pubs as one in five courts are closed.’
Daily Telegraph, 23rd February 2016
Source: www.telegraph.co.uk
‘The Lord Chief Justice has predicted that the use of fixed costs will be extended gradually and not in “one big bang”, which people would find “uncomfortable”.’
Legal Futures, 23rd February 2016
Source: www.legalfutures.co.uk
‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’
Competition Bulletin from Blackstone Chambers, 24th February 2016
Source: www.competitionbulletin.com
‘A man has been found guilty of beating a pensioner to death with a marble rolling pin, four years after being cleared of the same crime.’
BBC News, 23rd February 2016
Source: www.bbc.co.uk
‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘A party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs, the Court of Appeal ruled today in the wake of conflicting decisions at circuit judge level.’
Litigation Futures, 23rd February 2016
Source: www.litigationfutures.co.uk
‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’
OUT-LAW.com, 23rd February 2016
Source: www.out-law.com
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