Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

Posted March 17th, 2015 in appeals, disability discrimination, disabled persons, equality, housing, mental health, news, repossession by sally

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

Full story

Cloisters, 12th March 2015

Source: www.cloisters.com

EVENT: UCL – Changing Times, Changing Relationships at Work…Changing Law?

Posted March 17th, 2015 in Forthcoming events by sally

‘We are privileged to host two distinguished members of the Australian and UK judiciary, offering us a unique perspective on the charged question as to whether labour law has kept pace with the constantly changing nature of work relations so as properly to regulate them.’

Date: 23rd April 2015, 6.00-7.30pm

Location: UCL Central Campus, Wilkins Building (Gustave Tuck Lecture Theatre)

Charge: Free, registration required

More information can be found here.

Advising on a secondary victim claim? December 2014 produced a trio of new cases – Hardwicke Chambers

Posted March 17th, 2015 in health, negligence, news, psychiatric damage, victims by sally

‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’

Full story

Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

Proof of defect under the CPA 1987: Hufford v Samsung Electronics – Henderson Chambers

Posted March 17th, 2015 in consumer protection, defective goods, evidence, news by sally

‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’

Full story (PDF)

Henderson Chambers, 9th January 2015

Source: www.hendersonchambers.co.uk

The new Part 36 – Hardwicke Chambers

Posted March 17th, 2015 in budgets, civil procedure rules, costs, news by sally

‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’

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Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

EVENT: UCL – Effective Enforcement of Environmental Law

Posted March 17th, 2015 in Forthcoming events by sally

‘This event brings together some of the leading contemporary figures in environmental law to explore the enforcement of environmental law at national, European and international level. It is being organised to mark Professor Richard Macrory 65th birthday and his contribution to the development of environmental law.’

Date: 30th March 2015 – 31st March 2015

Location: UCL Laws, 1-2 Endsleigh Street, London WC1H 0EG

Charge: See website for details

More information can be found here.

Gagging clauses are lawful and enforceable – Hardwicke Chambers

Posted March 17th, 2015 in agreements, compromise, confidentiality, contract of employment, news, non-disclosure agreements by sally

‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’

Full story

Hardwicke Chambers, 8th January 2015

Source: www.hardwicke.co.uk

“New for Old”: New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons – New Square Chambers

Posted March 17th, 2015 in covenants, landlord & tenant, leases, news, service charges by sally

‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

Largest NHS trust put in special measures after damning CQC report – The Guardian

Posted March 17th, 2015 in hospitals, news, quality assurance, reports by sally

‘The NHS’s largest hospital trust in England is being put into special measures after inspectors uncovered an array of serious problems at one of its hospitals, including poor A&E care, a lack of staff, poor morale and a culture of bullying and harassment.’

Full story

The Guardian, 17th March 2015

Source: www.guardian.co.uk

Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

Full story

Cloisters, 9th March 2015

Source: www.cloisters.com

Just like that! – New Square Chambers

Posted March 17th, 2015 in company law, duty of care, insolvency, news, winding up by sally

‘The recent decision of Mr Justice Edis in DavisonSebry v Companies House and the Registrar of Companies [2015] EWHC 115 (QB) has highlighted how, in the interconnected age of the internet, the careless click of a mouse button can have incredibly far-reaching consequences and abruptly destroy the business of a successful company. The unusual facts would suggest that further cases against the Registrar (against whom judgment was entered) would be unlikely, not least because the reporting procedures are bound to be tightened up.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

Disclosure – pulling your head out of the sand – Cloisters

Posted March 17th, 2015 in civil procedure rules, disclosure, documents, employment tribunals, news by sally

‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’

Full story

Cloisters, 10th February 2015

Source: www.cloisters.com

Blackwood v Birmingham: Neither the Time nor the Placement – Cloisters

Posted March 17th, 2015 in appeals, employment tribunals, jurisdiction, news, nurses, sex discrimination, universities by sally

‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’

Full story

Cloisters, 3rd February 2015

Source: www.cloisters.com

Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings

Posted March 17th, 2015 in appeals, choice of forum, foreign companies, jurisdiction, news, Privy Council by sally

‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’

Full story (PDF)

11 Stone Buildings, February 2014

Source: www.11sb.com

The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court – 11KBW

Posted March 17th, 2015 in appeals, international law, news, state immunity, Supreme Court by sally

‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’

Full story

11KBW, 11th March 2015

Source: www.11kbw.com

Section 1 Defamation Act 2013: Will the test of the hypothetical reasonable reader be replaced by that of the twitter troll? – 5RB

Posted March 17th, 2015 in defamation, freedom of expression, news by sally

‘In this article, 5RB‘s Adrienne Page QC discusses what section 1 Defamation Act 2013 means in practice, and how it may affect both claimants and free speech.’

Full story

5RB, 10th February 2015

Source: www.5rb.com

BAILII: Recent Decisions

Posted March 17th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Continue reading…

Levi and another v Bates and others – WLR Daily

Posted March 17th, 2015 in appeals, damages, harassment, law reports, victims by sally

Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119

‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina (Demetrio) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission (PC Harrington and another, interested parties) – WLR Daily

Posted March 17th, 2015 in complaints, law reports, police by sally

Regina (Demetrio) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission; Regina (Commissioner of Police of the Metropolis) v Independent Police Complaints Commission (PC Harrington and another, interested parties) [2015] EWHC 593 (Admin); [2015] WLR (D) 120

‘Section 10(6) of the Police Reform Act 2002 enabled the Independent Police Complaints Commission to do anything calculated to facilitate the carrying out of its functions, which included the power to reopen an investigation into allegations against a police constable, which had resulted in a final report that there was no case to answer.’

WLR Daily, 6th March 2015

Source: www.iclr.co.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk