How broad is your settlement? – New Law Journal
‘Don’t settle for less, says Adam Short.’
New Law Journal, 24th April 2015
Source: www.newlawjournal.co.uk
Children: Private Law Update – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 29th April 2015
Source: www.familylawweek.co.uk
The Professions: Power, Privilege and Legal Liability – Speech by Lord Justice Jackson
The Professions: Power, Privilege and Legal Liability (PDF)
Speech by Lord Justice Jackson
Professional Negligence Bar Association, 21st April 2015
Source: www.judiciary.gov.uk
Start the clock – New Law Journal
‘When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows.’
New Law Journal, 24th April 2015
Source: www.newlawjournal.co.uk
Finance & Divorce Update – Family Law Week
‘Clare Molyneux, senior solicitor and Rebecca Lang solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from March 2015.’
Full story
Family Law Week, 27th April 2015
Source: www.familylawweek.co.uk
Contract Formation and the Fog of Rectification – Speech by Sir Terence Etherton
Contract Formation and the Fog of Rectification (PDF)
Speech by Sir Terence Etherton
Judiciary of England and Wales, 24th April 2015
Source: www.judiciary.gov.uk
Re J: A Lesson on Threshold and Logic – Family Law Week
‘Alex Laing, pupil, and Radhika Handa, barrister, of Coram Chambers, consider Re J in which the Court of Appeal picked up a number of the themes articulated by the President in Re A.’
Family Law Week, 23rd April 2015
Source: www.familylawweek.co.uk
Delroy Facey jailed for match-fix bribes after Telegraph exposes plot – Daily Telegraph
‘Former Premier League striker – who played for Bolton Wanderers, West Bromwich Albion and Hull City – convicted of conspiracy after Telegraph investigation.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
Game over – New Law Journal
‘Termination & its consequences. Chris Nillesen reports.’
Full story
New Law Journal, 24th April 2015
Source: www.newlawjournal.co.uk
Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls
Liberties, Customs and the Free Flow of Trade (PDF)
Speech by the Master of the Rolls
4th Annual British Irish Commercial Law Forum, 23rd April 2015
Source: www.judiciary.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
‘Beach body ready’ ad ‘can’t appear again in its current form’ says watchdog – Daily Telegraph
‘The Advertising Standards Authority will establish if the controversial ad for Protein World breaks harm and offence rules or is socially irresponsible.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily
‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) – WLR Daily
‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ conduct cannot be attributed to the company in the context of its claim for a breach of the directors’ duties. Section 213 of the Insolvency Act 1986 has extra territorial effect and can be invoked against the directors.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
Regina v Bryon – WLR Daily
Regina v Bryon [2015] WLR (D) 180
‘While DNA evidence taken from a moveable object was on its own insufficient for a prosecution case to go to a jury, DNA evidence combined with admissible evidence of a previous conviction for a similar offence was a sufficient basis.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily
‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’
WLR Daily, 21st April 2015
Source: www.iclr.co.uk
Aitken v Director of Public Prosecutions – WLR Daily
Aitken v Director of Public Prosecutions [2015] EWHC 1079 (Admin); [2015] WLR (D) 184
‘The editor of a newspaper did not as a matter of law fall outside the scope of the expression “any person who publishes” for the purposes of the offence of publishing information likely to lead to the identification of a child witness/victim in criminal proceedings, contrary to section 39(2) of the Children and Young Persons Act 1933.’
WLR Daily, 23rd April 2015
Source: www.iclr.co.uk
Regina v GH – WLR Daily
Regina v GH [2015] UKSC 24; [2015] WLR (D) 178
‘A person who opened bank accounts which he knew or suspected would then be used by a fraudster to deposit money which the latter hoped to obtain from victims could be charged with entering into an arrangement to facilitate the retention of criminal property, contrary to section 328(1) of the Proceeds of Crime Act 2002, even though there was no criminal property until after victims’ money had been paid into the accounts.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
Moreno v Motor Insurers’ Bureau – WLR Daily
Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177
‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
Regina v Hunter (Nigel); Regina v Saruwu (Joseph); Regina v Johnstone (Ian); Regina v Walker (Alan); Regina v Lonsdale (Paul) – WLR Daily
‘Only defendants with a good character or deemed to be of effective good character were entitled to a good character direction. Where a defendant had a bad character, a judge was not obliged to give a good character direction; he or she had a discretion.’
WLR Daily, 16th April 2015
Source: www.iclr.co.uk
