The Seventh Veil? – New Square Chambers
‘Mark Hubbard considers new legislation requiring greater transparency in the ownership and management of companies.’
New Square Chambers, 29th June 2015
Source: www.newsquarechambers.co.uk
Insurers win the latest round in credit hire match – Hardwicke Chambers
‘The insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.’
Hardwicke Chambers, 2nd June 2015
Source: www.hardwicke.co.uk
Uncertain times for insurance NEDs – Hardwicke Chambers
‘Amongst the mass of regulatory measures introduced in recent times to prevent a repeat of the 2008 financial crisis, perhaps the most potent is that provided by section 36 of the Financial Services (Banking Reform) Act 2013, headed “Offence relating to a decision causing a financial institution to fail”. It comes into force on 7 March 2016.’
Hardwicke Chambers, 1st June 2015
Source: www.hardwicke.co.uk
Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers
‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’
No. 5 Chambers, 2nd July 2015
Source: www.no5.com
Daughter wins £164,000 after decade-long legal battle over will with charities – The Guardian
‘After a decade-long legal fight with three animal welfare charities over her mother’s decision to cut her out of any inheritance, a poverty-stricken daughter has finally been awarded £164,000 by senior judges.’
The Guardian, 28th July 2015
Source: www.guardian.co.uk
Norwich paedophile ring: Woman at centre of gang who made children ‘sexual play things’ guilty of 23 offences – The Independent
‘A woman has been found guilty of being at the centre of a paedophile ring which set children up as “sexual play-things” over more than a decade.’
The Independent, 27th July 2015
Source: www.independent.co.uk
Neighbours from hell: Damages for residual diminution in value – New Square Chambers
‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’
New Square Chambers, 26th May 2015
Source: www.newsquarechambers.co.uk
Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers
‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
How Interesting? The public interest disclosure requirement of s.43B(1) of the Employment Rights Act – No. 5 Chambers
‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
Full story
No. 5 Chambers, 30th July 2015
Source: www.no5.com
Requesting a court revisit its judgment – Law Society’s Gazette
‘The recent case of Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) considered the extent to which a court may exercise its discretion and revisit its judgment in the light of a new point.’
Law Society’s Gazette, 27th July 2015
Source: www.lawgazette.co.uk
Ring Fencing – New Square Chambers
‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’
New Square Chambers, 29th June 2015
Source: www.newsquarechambers.co.uk
Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 – Henderson Chambers
‘The High Court (Swift J, 22 May 2015) has upheld an order dismissing a claim under section 140A of the Consumer Credit Act 1974 (CCA) on the summary basis, in the absence of conduct on the part of a lender causative of unfairness in a debtor/creditor relationship.’
Henderson Chambers, 3rd June 2015
Source: www.hendersonchambers.co.uk
Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers
‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’
No. 5 Chambers, 22nd June 2015
Source: www.no5.com
Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com
‘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 to pay £20m compensation – BBC News
‘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
Law firm loses FoI bid to learn names of complainants – Legal Futures
‘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
Unregulated Credit Agreements: When is it safe for a lender to rely upon the business purpose exemption? – 11 Stone Buildings
‘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
Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures
‘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 ‘selling justice like a commodity’ with fee rises – Law Society’s Gazette
‘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
