‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’
Cloisters, 12th March 2015
Source: www.cloisters.com
‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’
Full story (PDF)
Henderson Chambers, 9th January 2015
Source: www.hendersonchambers.co.uk
‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’
Hardwicke Chambers, 8th January 2015
Source: www.hardwicke.co.uk
‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
‘The NHS’s largest hospital trust in England is being put into special measures after inspectors uncovered an array of serious problems at one of its hospitals, including poor A&E care, a lack of staff, poor morale and a culture of bullying and harassment.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’
Cloisters, 9th March 2015
Source: www.cloisters.com
‘The recent decision of Mr Justice Edis in DavisonSebry v Companies House and the Registrar of Companies [2015] EWHC 115 (QB) has highlighted how, in the interconnected age of the internet, the careless click of a mouse button can have incredibly far-reaching consequences and abruptly destroy the business of a successful company. The unusual facts would suggest that further cases against the Registrar (against whom judgment was entered) would be unlikely, not least because the reporting procedures are bound to be tightened up.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’
Cloisters, 10th February 2015
Source: www.cloisters.com
‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’
Cloisters, 3rd February 2015
Source: www.cloisters.com
‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’
Full story (PDF)
11 Stone Buildings, February 2014
Source: www.11sb.com
‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’
11KBW, 11th March 2015
Source: www.11kbw.com
‘In this article, 5RB‘s Adrienne Page QC discusses what section 1 Defamation Act 2013 means in practice, and how it may affect both claimants and free speech.’
5RB, 10th February 2015
Source: www.5rb.com
‘The Sentencing Council issued a dangerous dog offences guideline in August 2012. In May 2014 amendments to the Dangerous Dogs Act 1991 were enacted through the Anti-social Behaviour, Crime and Policing Act 2014, which made such substantial changes to the offence and the maximum penalties that the Council considered it would be appropriate to revise comprehensively the existing guideline.
Sentencing Council, 17th March 2015
Source: http://consult.justice.gov.uk
‘The recent case of Siegel v Pummell [2015] EWHC 195 (QB) demonstrates judicial willingness to make a costs order on the indemnity basis where circumstances exist which justify such an order being made.’
Law Society’s Gazette, 16th March 2015
Source: www.lawgazette.co.uk
‘Three judges have been removed and a fourth has resigned following an investigation into an allegation that they viewed pornographic material on office computers.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
‘Television viewers will have to endure even more coverage of Nigel Farage in the run-up to the election but will not be forced to sit through as many awkward Natalie Bennett interviews.’
The Independent, 16th March 2015
Source: www.independent.co.uk
‘Government inspectors failed to detect child sexual exploitation in Rotherham because they trusted council staff, a report by MPs has said.’
BBC News, 17th March 2015
Source: www.bbc.co.uk
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