‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’
OUT-LAW.com, 24th July 2015
Source: www.out-law.com
‘Payday lender Cash Genie faces a £20m compensation bill after charging customers £50 to transfer them to the firm’s debt collection business.’
BBC News, 27th July 2015
Source: www.bbc.co.uk
‘A law firm which demanded the details of people who had contacted the Solicitors Regulation Authority (SRA) to allege misconduct has been firmly rebuffed by the Law Society’s freedom of information commissioner.’
Legal Futures, 27th July 2015
Source: www.legalfutures.co.uk
‘Consumer credit legislation requires lenders to negotiate a minefield of regulation and formalities. Even small errors in form, content or procedure can render a loan contract unenforceable and prevent a lender recovering the sums advanced. In the circumstances it is understandable that the exemptions within the legislation, such as that created by s.16B(1) of the Consumer Credit Act 1974 are often invoked to avoid the rigours of regulation. However, this approach can give rise to new risks as demonstrated in Woolsey v Payne [2015] EWHC 968 (Ch) [2015] All ER (D) 24 (May) and Wood v Capital Bridging Finance Limited [2015] EWCA Civ 451. Sarah Clarke, counsel in Woolsey and Payne, suggests how the lawyers and lenders should modify their approach to this exemption in light of these decisions.’
11 Stone Buildings, June 2015
Source: www.11sb.com
‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
Full story
Litigation Futures, 29th July 2015
Source: www.litigationfutures.com
‘Government plans for a new round of court fee rises are “tantamount to selling justice like a commodity”, the Law Society has said, as the Ministry of Justice acknowledged its plans would be unpopular.’
Law Society’s Gazette, 27th July 2015
Source: www.lawgazette.co.uk
‘The apparently endless APPGER litigation has produced yet another decision of the Upper Tribunal for seasoned FOIA watchers, which amongst some very fact-specific issues, also contains two important clarifications of law: APPGER v ICO & FCO [2015] UKUT 377 (AAC).’
Panopticon, 23rd July 2015
Source: www.panopticonblog.com
‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.
Henderson Chambers, 16th June 2015
Source: www.hendersonchambers.co.uk
‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’
Local Government Lawyer, 22nd July 2015
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’
Litigation Futures, 27th July 2015
Source: www.litigationfutures.com
‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’
No. 5 Chambers, 6th July 2015
Source: www.no5.com
‘Imagine an estate where there is no dispute amongst the beneficiaries, whether about the validity of the deceased’s will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online and the executor named in the will is aware of the username and password applicable to this online account. He wishes to use them to transfer the money in the account to an account in his name and then to administer it precisely according to law.’
New Square Chambers, 29th June 2015
Source: www.newsquarechambers.co.uk
‘The use of the Regulation of Investigatory Powers Act (RIPA) for covert surveillance should be overseen by independent judges to ensure the appropriate legislation is being used, an expert has said.’
OUT-LAW.com, 23rf July 2015
Source: www.out-law.com
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘
Henderson Chambers, June 2015
Source: www.hendersonchambers.co.uk
‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’
Henderson Chambers, 2nd July 2015
Source: www.hendersonchambers.co.uk
‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’
UK Constitutional Law Association, 27th July 2015
Source: www.ukconstitutionallaw.org
‘Hundreds of motorists have had their driving licence revoked after failing roadside eye tests under new police powers, figures have shown.’
The Guardian, 26th July 2015
Source: www.guardian.co.uk
‘There is a “high premium on swift action” when revisiting costs budgets, a High Court judge has warned, questioning why a revised budget was not prepared quicker than four days after the issue that caused it arose.’
Litigation Futures, 24th July 2015
Source: www.litigationfutures.com
‘Lawyers for more than 350 ex-National Coal Board coke workers are hoping for a landmark High Court ruling in their compensation fight over illnesses.’
BBC News, 25th July 2015
Source: www.bbc.co.uk
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