Variation of employment contracts – Hardwicke Chambers
‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’
Hardwicke Chambers, 18th February 2015
Source: www.hardwicke.co.uk
Donatio Mortis Causa – Hardwicke Chambers
‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one:
“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’
Hardwicke Chambers, 16th February 2015
Source: www.hardwicke.co.uk
Income payment orders and pensions revisited: The decision in Horton v Henry – 11 Stone Buildings
‘The recent High Court decision in Horton v Henry has now thrown the debate over the extent to which the pension pot of a bankrupt can be made available to his creditors wide open.’
Full story (PDF)
11 Stone Buildings, January 2015
Source: www.11sb.com
Radical overhaul of anonymity in approval hearings – Cloisters
‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’
Cloisters, 18th February 2015
Source: www.cloisters.com
Two key legislative reforms to Personal Injury law due – Cloisters
‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’
Cloisters, 19th February 2015
Source: www.cloisters.com
The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers
‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
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
‘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.’
Cloisters, 12th March 2015
Source: www.cloisters.com
EVENT: UCL – Changing Times, Changing Relationships at Work…Changing Law?
‘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
‘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).’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
Proof of defect under the CPA 1987: Hufford v Samsung Electronics – Henderson Chambers
‘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
‘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.’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
EVENT: UCL – Effective Enforcement of Environmental Law
‘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
‘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.’
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
‘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
‘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.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
Hydrotherapy in the home – Cloisters
‘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.’
Cloisters, 9th March 2015
Source: www.cloisters.com
Just like that! – New Square Chambers
‘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
‘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.’
Cloisters, 10th February 2015
Source: www.cloisters.com
Blackwood v Birmingham: Neither the Time nor the Placement – Cloisters
‘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.’
Cloisters, 3rd February 2015
Source: www.cloisters.com
Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings
‘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
