‘Two Government departments have refused to publish the legal advice that paved the way for Britain to launch a drone strike on Isis targets in Syria.’
The Independent, 9th October 2015
Source: www.independent.co.uk
‘The former prime minister Tony Blair has been asked to give evidence to a parliamentary committee looking into the failure to include UK victims of IRA violence in a compensation deal with the former Libyan leader Muammar Gaddafi.’
The Guardian, 9th Ocotber 2015
Source: www.guardian.co.uk
Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392
‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’
WLR Daily, 28th September 2015
Source: www.iclr.co.uk
‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’
WLR Daily, 30th September 2015
Source: www.iclr.co.uk
‘A government consultation on plans to close 91 courts and tribunals in England and Wales, and integrate or merge another 31, is closing.’
BBC News, 8th October 2015
Source: www.bbc.co.uk
‘A UK court is to rule on whether Uber’s mobile app breaches taxi regulations.’
OUT-LAW.com, 7th October 2015
Source: www.out-law.com
‘A retired Church of England bishop has been jailed for a string of offences against teenagers and young men.’
BBC News, 7th October 2015
Source: www.bbc.co.uk
‘An NHS Trust has obtained a declaration from the High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping an 11-year-old boy alive.’
Local Government Lawyer,
Source: www.localgovernmentlawyer.co.uk
‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’
Law Society’s Gazette, 7th October 2015
Source: www.lawgazette.co.uk
‘Gambling operators would face practical difficulties in adhering to new anti-crime controls proposed by the British Gambling Commission, an expert has said.’
OUT-LAW.com, 7th October 2015
Source: www.out-law.com
‘UK judges are refusing to extradite an alleged American paedophile, who has been on the run from the FBI since 2007, until they receive assurances that his human rights will not be breached.’
The Guardian, 7th October 2015
Source: www.guardian.co.uk
‘The Insurance Act 2015, which does not come into force until August 2016, changes the way in which insurance is conducted. The delay in commencement of the Act is intended, at least in part, to give insurers time to change their policy wording and procedures. It is likely that some of the new policy wordings and procedures will give rise to disputes and in the context of construction insurance in particular, there are likely to be issues relating to the concept of fair presentation of risk that is introduced by the Act.’
Hardwicke Chambers, 14th September 2015
Source: www.hardwicke.co.uk
‘Consumers are ‘asked’ to agree to a deluge of contractual terms on an ever more frequent basis. If they do not agree, they are often told to lump it or leave it. However, consumers have, for some time, been protected against being bound by ‘unfair terms’ by virtue of the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). From 1 October 2015 that statutory protection will change; Part 2 of the Consumer Rights Act (the Act) will replace UCTA (to the extent that it relates to business to consumer contracts) and the UTCCRs (in their entirety) respectively.’
Henderson Chambers, 16th September 2015
Source: www.hendersonchambers.co.uk
‘Ministry of Justice figures show there has been a steep rise in the number of wills being contested in court, and many lawyers think it is because of more complex relationships, with divorces and remarriages.’
BBC News, 7th October 2015
Source: www.bbc.co.uk
‘Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 .’
Cloisters, 29th September 2015
Source: www.cloisters.com
‘In Ramphal v Department for Transport, the Employment Appeal Tribunal (EAT) provided clear guidance on the extent of the role that human resources (HR) departments may legitimately perform during a disciplinary procedure.’
Littleton Chambers, 7th October 2015
Source: www.littletonchambers.com
‘The double negative is not in error. Shareholder disputes are frequently similar to an old fashioned divorce, with emotion and greed outgunning logic and truth in the contest for control of anything of value left over from the wreckage of a once prosperous partnership. But in the recent BVI case of Zhangyong v Union Zone Management Limited and others, the issue arose as to whether, as with a modern disaffected couple, unhappy shareholders could get a no fault divorce. In Union Zone, the Claimants had sought to establish unfair prejudice under s184I of the BVI Companies Act 2004 (which is similar in effect to s994 Companies Act 2006) but wholly failed to prove the alleged quasi partnership that underpinned the unfair prejudice allegations. The Claimants, who had pleaded winding up on the just and equitable ground as an alternative remedy for unfair prejudice, then sought to avail themselves of that as a free standing remedy, on the basis that it provided “a neat and fair solution”. The relevant question, however, was “a neat and fair solution to what?” The answer was, to their disenchantment with the manner in which the majority was conducting the business of the company. The authorities are clear: wide though the just and equitable jurisdiction may be, it is not a get out of jail free card for disaffected shareholders. Lord Wilberforce said, in Ebrahimi v Westbourne Galleries.’
New Square Chambers, 30th September 2015
Source: www.newsquarechambers.co.uk
‘Mixed residential and commercial developments frequently cause problems for the residential occupiers and work for lawyers, in particular when the commercial units are let to bars or restaurants which create noise and nuisance in the evenings and at weekends.’
Hardwicke Chambers, 16th September 2015
Source: www.hardwicke.co.uk
‘Such issues were central in Vestergaard A/S v Bestnet Europe Limited [2013] UKSC 31 (V v B). Shortly afterwards the Patents County Court (two months before it became the Intellectual Property Enterprise Court) had to decide in Pintorex Limited v Parax Limited [2013] EWPCC 36 (P v P), theliability of a sole director and sole shareholder of a company, by the application of the guidelines in Vestergaard. The Judge in P v P was Mr Recorder Alastair Wilson QC, who represented the successful respondents in V v B.’
New Square Chambers, 30th September 2015
Source: www.newsquarechambers.co.uk
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