‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘Stalkers must be stopped from using a loophole in the legal system to harass their targets, a victim has said.’
BBC News, 29th April 2015
Source: www.bbc.co.uk
‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’
Free Movement, 29th April 2015
Source: www.freemovement.org.uk
‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’
Competition Bulletin from Blackstone Chambers, 29th April 2015
Source: www.competitionbulletin.com
‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’
OUT-LAW.com, 29th April 2015
Source: www.out-law.com
‘A teenager has been found guilty of a bungled terror plot to groom a young man with learning difficulties to carry out a Lee Rigby copycat killing.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story
Litigation Futures, 29th April 2015
Source: www.litigationfutures.com
‘A high court judge is to investigate whether child sexual abuse allegations against Lord Janner were the subject of an establishment cover-up.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘A 74-year-old man jailed for raping a young woman has admitted sexually assaulting a woman with learning disabilities whom he had befriended.’
Full story
BBC News, 29th April 2015
Source: www.bbc.co.uk
‘Under English law, information does not pass as property to a personal representative after the death of the deceased, (See Oxford v Moss [1979] 68 Cr App R 183; per Lord Upjohn in Boardman v Phipps [1967] 2 AC 46, at 127; and per Floyd LJ in Your Response Limited v Datateam Business Media Ltd [2015] QB 41, at paragraph [42]) but rights associated with the information can vest in the representative. Where the information is digital, it exists as electrical signals rather than as an integral part of a physical form such as the words printed on the paper of a book. Digital information can exist both locally, on computing devices that were owned and used by the deceased, and in a cloud, on computing devices that are connected to the internet and to which the deceased had been connected for the provision of digital and other services. It is no longer sufficient to deliver a computing device to the relevant beneficiary without investigating what digital information is stored on that device and whether the deceased stored any digital information in a cloud. In some cases, information stored on a local device can provide the only clue to the existence of cloudstored information.’
Full story (PDF)
New Square Chambers, March 2015
Source: www.newsquarechambers.co.uk
;Locals accuse Judge Stuart Rafferty of suggesting the community was populated by thugs as he heard an assault case.’
Daily Telegraph, 28th April 2015
Source: www.telegraph.co.uk
‘Charmaine Moore a Romani Gypsy and a single mother of 3 dependent children. She and one of her daughters are disabled. She owns and occupies land in the London Borough of Bromley. In 2010 she applied for planning permission to live on her land. That application has still to be determined finally. The application was a modest one “change of use – private Gypsy and Traveller Caravan Site comprising pitch, accommodating one mobile home and one touring caravan”. She has never sought more.’
Full story (PDF)
No. 5 Chambers, 24th April 2015
Source: www.no5.com
‘Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law updates for the Leicester & Leicestershire Family Justice Board.’
No. 5 Chambers, 9th April 2015
Source: www.no5.com
‘Following Matthew Smith’s recent seminar ‘Fraud Update’, the following is a summary of the changes over the past 12 months which practitioners in the field of civil fraud are likely to find useful.’
Park Square Barrister, 25th April 2015
Source: www.parksquarebarristers.co.uk
‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.
Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’
39 Essex Chambers, April 2015
Source: www.39essex.com
‘It is well known that where the management or ownership of property passes from one company to another, the employment of staff engaged in property management or maintenance may transfer with it under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). However, it is not unusual for several different managed service contracts simultaneously to transfer from one contractor to another or for a number of sub-contracted maintenance contracts to be taken in-house by a property management company. A recent case has considered how TUPE applies in these circumstances involving multiple contracts.’
Tanfield Chambers, 27th April 2015
Source: www.tanfieldchambers.co.uk
‘The UK’s highest court has ruled that the government must take immediate action to cut air pollution.’
BBC News, 29th April 2015
Source: www.bbc.co.uk
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