‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’
Family Law Week, 16th March 2015
Source: www.familylawweek.co.uk
‘The Supreme Court has rejected – by a 3-2 majority – a county council’s appeal over whether an application by motorcyclists to upgrade rights of way complied with relevant statutory requirements.’
Local Government Lawyer, 18th March 2015
Source: www.localgovernmentlawyer.co.uk
‘Scott v. Southern Pacific Mortgages Ltd, in which the Supreme Court gave judgment on 22nd October 2014, has finally determined, in favour of the mortgagees, the question of priority between home owners, who had sold their homes under sale and leaseback schemes after getting into financial difficulties in return for the grant of a tenancy from the purchaser, and the mortgagees who provided the finances for the purchases. In order for the home owners’ unregistered interests to override a registered disposition under the Land Registration Act 2002, the interest had to be a proprietary interest, but prior to acquiring the legal estate a purchaser could not grant equitable rights of a proprietary character, as opposed to personal rights.’
Full story (PDF)
Radcliffe Chambers, 10th February 2015
Source: www.radcliffechambers.com
‘The Treaty on the Functioning of the European Union provides that certain government activities may be prohibited because they give an advantage in a selective way to certain entities, which might affect competition within the internal market. Those advantages may amount to prohibited state aid, or may be state aid which is either expressly allowed by the Treaty, or which may be allowed, dependent on the circumstances.’
Full story (PDF)
Thirty Nine Essex Street, January 2015
Source: www.39essex.com
‘For many years, there has been a prescribed limit to the amount of alcohol one may have in one’s system when driving, but there has been no parallel legislation or specified limit in relation to drug-driving, prescribed or otherwise.’
Park Square Barristers, 24th February 2015
Source: www.parksquarebarristers.co.uk
‘The animal welfare charity says there is no longer a “realistic prospect of securing a conviction” against a master of the Cattistock hunt’
Full story
Daily Telegraph, 18th March 2015
Source: www.telegraph.co.uk
‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’
The World of Family Law (Garden Court Chambers), 18th March 2015
Source: www.gcfamily.wordpress.com
‘We have been promised a referendum on EU membership by at least one political party in the event that they gain a majority at the next election. But, from a criminal law perspective, what considerations should inform our decision – what might we lose and what might we gain?
Speakers:
Prof John Spencer, Cambridge University;
Prof Estella Baker, De Montfort University;
Mike Kennedy, former Chair of Eurojust;
Prof Steve Peers, Essex University.’
Date: 29th April 2015, 3.00-6.30pm
Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR
Charge: Free, registration required
More information can be found here.
‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’
RPC Tax Take, 11th March 2015
Source: www.rpc.co.uk
‘A vexed question: Where is the boundary between assistance and being in the arena? And how does the internet impact on that. The latest attempt to give guidance is the curious case of East of England Ambulance Service NHS Trust v Sanders UKEAT/0217/14/RN before Langstaff P and 2 lay members.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘A doctor who gave the president of a university polo club a cocktail of drugs leading him to choke to death on a sock has been jailed.’
Full story
Daily Telegraph, 18th March 2015
Source: www.telegraph.co.uk
‘2015 promises to be an interesting year for local government, albeit against a backdrop of continued cuts, with localism, devolution and reform of local government finance all politically prominent issues, although it is too soon to predict what form they will take. After considering the general context, this paper addresses recent case law that is relevant to local government finance and in particular the caution that must be exercised against the unlawful use of charging to generate revenue. We then outline some of the main features of the Government’s Deregulation Bill, which is currently at the report stage in the House of Lords, and conclude with a reminder of the potential pit-falls of promises in an election year.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market. Also of interest is Arnold J’s criticism of the Court of Appeal’s decision in Interflora with regard to burden of proof for “double identity” cases.’
RPC IP Hub, 17th March 2015
Source: www.rpc.co.uk
‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk
‘A recent case on the issue of fire safety — or, more exactly, the provisions of the Regulatory Reform (Fire Safety) Order 2005 — has proved both interesting and instructive on the desirability and necessity of precision when drafting an indictment for proceedings brought before the Crown Court.’
Park Square Barristers, 4th MArch 2015
Source: www.parksquarebarristers.co.uk
‘The inclusion or exclusion of Islamic law within the English legal frame has been a matter of huge controversy for almost a decade. Since the Archbishop of Canterbury’s famous lecture on the ‘Civil and Religious Law in England: a religious perspective’ in 2008, this issue has received great media coverage along with the creation of multiple research fora in Academia, political institutions and within the diverse British Muslim communities. It recently was the object of further controversy following the publication of guidelines by the Law Society for the drafting of Sharia compliant wills, which have now been publicly withdrawn, as well as the declarations of Lord Chief Justice Lord Phillips as to the possible application of Islamic law to resolve disputes among Muslims.
Although this issue has already been widely commented and researched through multiple reports and research articles, it surprisingly remains evasive as to its purely legal aspect. Indeed, the place of Islamic law within the English legal frame is by nature multi-faceted and touches upon social, religious, political as well as legal issues, covering topics as different as that of marriage, divorce, maintenance and inheritance. The legal basis for the application of Sharia also proves to be ambiguous: contractual, statutory, in application of freedom of religion provisions? Moreover, in which forum is or should it apply: arbitration or mediation tribunals, such as the so-called Sharia Councils, or English Courts?
This symposium seeks to draw attention to only one of those issues: non-registered marriages between British Muslims in front of English jurisdictions. It proposes to survey the question of their possible recognition, and the latter’s subsequent legal basis. It consists of two panels. First, a survey on the application of Islamic law in English Courts in the context of Private International Law and the problem as well as new questions raised by UK non-registered Muslim marriages, whilst drawing attention from a comparative perspective of the possible incorporation of Islamic law within a secular legal frame (India). Secondly, the current English legal scenario from a practitioner’s angle, its advantages, limits and possible reforms.’
Date: 9th May 2015, 10.00am-4.00pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: Full Rate: £75.00. Student Rate: £45.00.
More information can be found here.
‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘The Government is to regulate bitcoin exchanges to stop their use as money laundering hubs, the Treasury said today.’
Full story
The Independent, 18th March 2015
Source: www.independent.co.uk
‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’
Free Movement, 19th March 2015
Source: www.freemovement.org.uk
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