‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’
The Independent, 25th July 2015
Source: www.independent.co.uk
‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’
Panopticon, 24th July 2015
Source: www.panopticonblog.com
‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’
Nearly Legal, 24th July 2015
Source: www.nearlylegal.co.uk
‘It seems that every time I watch the news or read a newspaper there is some report following an Article 2 style inquest. If Article 2 style inquests are becoming more common, is the ambit of the inquisition broadening generally? Laura Addy questions whether this prospect is why the government attempted to limit access to legal aid for families involved in inquests and may be influencing the decision to repeal the Human Rights Act 1998. As a member of Park Square Barrister’s Regulatory and Public Law Team, Laura is often instructed to attend and represent families at inquests. She considers the importance of coroner’s inquest and the role of the family of the deceased.’
Park Square Barristers, 15th July 2015
Source: www.parksquarebarristers.co.uk
‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’
Park Square Barristers, 15th July 2015
Source: www.parksquarebarristers.co.uk
‘There have been a number of recent cases which provide useful guidance in considering the scope of trustees’ duties when faced with decisions as to whether or not to sell or retain land, or to incur expenditure on repairs, or to take legal action.’
Full story
New Square Chambers, 26th May 2015
Source: www.newsquarechambers.co.uk
‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘
Radcliffe Chambers, 15th June 2015
Source: www.radcliffechambers.com
‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘In this case, the Supreme Court considered to what extent lessees could escape what appeared to be a very bad bargain indeed. The crux of the case was: to what extent can commercial common sense defeat a contractual provision which defies it?”
Hardwicke Chambers, 24th July 2015
Source: www.hardwicke.co.uk
‘Prominent High Court judge removes himself from £3 billion case involving BA after asking airline’s legal team: “What happened to my luggage?”‘
Full story
Daily Telegraph, 25th July 2015
Source: www.telegraph.co.uk
‘In his latest case note, Richard Barraclough QC writes on the issues of paedophilia and child abuse and specifically genetic and family influences.’
Six Pump Court, 16th July 2015
Source: www.6pumpcourt.co.uk
‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it.’
Full story
Tanfield Chambers, 7th July 2015
Source: www.tanfieldchambers.co.uk
‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘When the court makes or approves a financial order, there is often not enough money in the matrimonial pot to house both parties and any children in owner-occupied accommodation. An outright transfer to one of the parties of what may be the only significant asset may be quite unfair to the other party (as in Clutton v Clutton – [1991] 1 All ER 340 (CA)). An immediate sale of the matrimonial home could be futile, in that both parties may have to move into rented accommodation, with geographical consequences including potential disruption to any children’s education. The parties each, of course need to take tax advice to ensure that liabilities for e.g. CGT (upon transfer / sale) and Inheritance Tax (upon creation of the trust and every ten-year anniversary thereof).’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘Granting an option to purchase a shareholding to a party for a significant sum as relief for unfair prejudice was within the court’s discretion under the Companies Act 2006 s.996 despite valuation evidence showing the company was balance sheet insolvent.’
Tanfield Chambers, 14th July 2015
Source: www.tanfieldchambers.co.uk
‘The European Commission has issued a statement of objections to Sky UK and six major US film studies (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox andWarner Bros).The Commission has formed a preliminary view that a licensing agreement between SkyUK and the studios restricts the ability of Sky to sell its pay-TV services to customersoutside the UK and Ireland.’
Zenith Chambers, 24th July 2015
Source: www.zenithchambers.co.uk
‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’
Zenith Chambers, 27th July 2015
Source: www.zenithchambers.co.uk
‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
Full story
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
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