‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’
Hardwicke Chambers, 16th October 2014
Source: www.hardwicke.co.uk
‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’
Hardwicke Chambers, 10th November 2014
Source: www.hardwicke.co.uk
‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’
BBC News, 18th November 2014
Source: www.bbc.co.uk
‘Social services bosses in Birmingham say they are taking innovative legal action in an effort to protect vulnerable children who may be victims of sexual exploitation.’
The Guardian, 17th November 2014
Source: www.guardian.co.uk
‘The Court of Appeal has handed down guidance on the approach to take to allegations of bias in long-running cases where a judge has substantial involvement in the prior stages of a case’s history.’
Littleton Chambers, 27th October 2014
Source: www.littletonchambers.com
‘The NHS ombudsman – the independent service that investigates patients’ complaints – is “wholly ineffective and failing families”, warns a charity.’
BBC News, 18th November 2014
Source: www.bbc.co.uk
‘Police officers fail to record a quarter of sexual offences – including rapes – and one-third of violent attacks, a damning report by the police watchdog has concluded.’
The Independent, 18th November 2014
Source: www.independent.co.uk
‘I will look briefly at two points:
1. The re-consideration of the Mitchell approach in Denton shows a change in the judicial approach and may well be seen as helpful to EJs considering similar problems. Indeed, consistent with earlier CA authority, it may be that EJs will be expected to follow the same three stage approach as found in Denton.
2. The underlying reasoning of the CA in Denton may provide guidance on the approach to be taken towards a wider range of case management issues.’
Littleton Chambers, 27th October 2014
Source: www.littletonchambers.com
‘A man who beat three sisters in a “vicious and merciless” hammer attack as they slept with their young children in a luxury hotel has been jailed for life.’
The Guardian, 17th November 2014
Source: www.guardian.co.uk
‘A labourer has been jailed for eight months for driving his girlfriend’s Volkswagen Polo on to the Brands Hatch circuit during a race.’
The Guardian, 17th November 2014
Source: www.guardian.co.uk
‘Hunters should face prison sentences for illegal blood sports, be banned from sending dogs underground and prevented from escaping prosecution by claiming that kills are accidental, according to animal welfare campaigners.’
The Guardian, 18th November 2014
Source: www.guardian.co.uk
‘A woman who claimed she was too ill to walk, yet was filmed surfing in Australia and swimming with dolphins, has been jailed for benefit fraud.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
‘Fashions are a feature of so much in life, and employment law is no exception, where for the moment at least: Status is in vogue. In recent years the appellate courts have considered a range of relationships, and been asked to answer the question: what is the legal characterisation of the claimant’s relationship with the respondent? The question is put more specifically in each case; was the claimant an employee, a worker, an office holder, or truly self-employed as an independent provider of services? But this is merely to particularise the general question: what is the claimant’s status?’
Littleton Chambers, 31st October 2014
Source: www.littletonchambers.com
‘The North East Property Buyers litigation test cases finally reached the Supreme Court and judgment was handed down on 22nd October 2014. Any practitioner in property and housing litigation in the North East, and indeed further afield, will have had some knowledge of, or dealings with, schemes such as were in these cases examined. They concerned sale and lease back agreements, a simple enough notion, involving the purchase of a vendor’s home by a nominee, often at an undervalue, in return granting the vendor a lease of the property, thereby releasing equity to the vendor and allowing them to remain in the property at a reduced rent.’
Full story (PDF)
Zenith Chambers, 24th October 2014
Source: www.zenithchambers.co.uk
‘In his monthly column, James Bickford Smith considers the effects and scope of the recent decision in Excalibur Ventures LLC v Texas Keystone Inc and others (Rev 2) [2014] EWHC 3436 (Comm) to make litigation funders liable for third party costs orders.’
Littleton Chambers, 11th November 2014
Source: www.littletonchambers.com
‘The UK’s retail banking sector is set for in-depth scrutiny after the Competition and Markets Authority (CMA) confirmed on 6 November 2014 that it would conduct a Phase 2 market investigation into the supply of retail banking services to personal current account (PCA) customers and to small and medium-sized enterprises (SMEs).’
Full story (PDF)
Zenith Chambers, 10th November 2014
Source: www.zenithchambers.co.uk
‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’
Full story (PDF)
Tanfield Chambers, 16th October 2014
Source: www.tanfieldchambers.co.uk
‘On 6 October 2014, the Government published new guidance on BYOD (‘Bring Your Own Device’) which highlights the fact that allowing employees to use their own technology at work is not just a technical issue that needs to be grappled with by IT departments, but has wide-ranging implications for employers.’
Littleton Chambers, 13th November 2014
Source: www.littletonchambers.com
‘Halsbury’s Law Exchange carried out interviews with six female ex-offenders as part of wider research into women in prison and the penal system. This video was first premiered at the panel discussion: Women in prison: is the penal system fit for purpose? on 11 November 2014.’
Halsbury’s Law Exchange, 12th November 2014
Source: www.halsburyslawexchange.co.uk
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