‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’
OUT-LAW.com, 8th January 2016
Source: www.out-law.com
‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’
Local Government Lawyer, 6th January 2016
Source: www.localgovernmentlawyer.co.uk
‘The Solicitors Regulation Authority (SRA) is to research this year whether standards of criminal advocacy are declining and whether solicitors are to blame. As part of the research, the SRA said it would ask judges whether solicitor and Crown Prosecution Service (CPS) advocates were “working beyond their level of competence”.’
Legal Futures, 8th January 2016
Source: www.legalfutures.co.uk
‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’
Legal Futures, 8th January 2016
Source: www.legalfutures.co.uk
‘Domestic abusers who subject victims to controlling or coercive behaviour could face up to five years in jail under a new law which comes into force today (29 December 2015). The new legislation will mean the CPS can for the first time prosecute specific offences of domestic abuse if there is evidence of repeated, or continuous, controlling or coercive behaviour.’
Crown Prosecution Service, 29th December 2015
Source: www.cps.gov.uk
‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’
Family Law Week, 8th January 2016
Source: www.familylawweek.co.uk
‘The Information Commissioner’s Office (ICO) has ordered The Alzheimer’s Society to take action or risk prosecution after finding serious failings in the way volunteers handled data about people who used the charity.’
Daily Telegraph, 7th January 2016
Source: www.telegraph.co.uk
‘The accelerating pace of technology means the government’s landmark snooper’s charter bill will only have a limited shelf life and will need to be revisited within five years, Britain’s defence and security industry has told MPs and peers.
They have warned that there are serious questions over whether fundamental parts of the new law that will overhaul of surveillance powers will be relevant in the near future as the technological landscape changes.’
The Guardian, 7th January 2016
Source: www.guardian.co.uk
‘A bar owner has been fined £20,000 after a man was left fighting for his life when he was given line cleaner containing caustic soda to drink rather than beer. Spanish TV producer David Caminal, 48, had to have his oesophagus removed after he drank just a small amount of the fluid when it was served by mistake at the New Conservatory, in the centre of Leeds, in July 2014.’
Daily Telegraph, 8th January 2016
Source: www.telegraph.co.uk
‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’
BBC News, 8th January 2016
Source: www.bbc.co.uk
‘A motorist with 51 penalty points – more than four times the permitted maximum – on their licence is still allowed on the road, it has been revealed. The driver, based in Oxford, is one of three in the UK with more than 40 points on their licence who have not been disqualified. The information was released by the Driver and Vehicle Licensing Agency (DVLA) following a Freedom of Information request from the Institute of Advanced Motorists (IAM). It also shows that 3 million of the 45 million licence holders in the UK carry penalty points, of which 13 have accumulated 28 or more.’
Daily Telegraph, 7th January 2015
Source: www.telegraph.co.uk
‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’
OUT-LAW.com, 7th January 2016
Source: www.out-law.com
‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’
Nearly Legal, 6th January 2016
Source: www.nearlylegal.co.uk
‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’
Litigation Futures, 7th January 2016
Source: www.litigationfutures.com
‘A sex worker who allowed her clients to rape and indecently assault her daughters in “almost Victorian” conditions has been jailed for five years. ‘
The Independent, 7th January 2016
Source: www.independent.co.uk
‘It has been more than half a century since the thalidomide scandal, but Martin Fletcher finds that the victims’ fight for compensation is far from over.’
Daily Telegraph, 7th January 2016
Source: www.telegraph.co.uk
‘A serial underwear thief stole knickers from homes and washing lines 120 times, a court heard.’
BBC News, 6th January 2016
Source: www.bbc.co.uk
‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’
UK Human Rights Blog, 6th January 2016
Source: www.ukhumanrightsblog.com
Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538
‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’
WLR Daily, 14th December 2015
Source: www.iclr.co.uk
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