Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court
Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)
Supreme Court, 12th November 2014
R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court
Supreme Court, 12th November 2014
Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters
‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’
Cloisters, 23rd October 2014
Source: www.cloisters.com
Motivate to Mediate – the carrot and the stick – Family Law Week
‘Annmarie Carvalho, Associate and Family Mediator with Farrer & Co LLP, examines two recent High Court cases which illustrate the court’s powers to ‘encourage’ parties into mediation.’
Family Law Week, 17th November 2014
Source: www.familylawweek.co.uk
Finance & Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during October.’
Family Law Week, 14th November 2014
Source: www.familylawweek.co.uk
Human Rights: The Law – Gresham College
‘An exploration of Human Rights law as it developed and which draws criticism from the general public. The audience will be invited to consider what, if anything, they complain of in what is nowadays referred to as Human Rights law. The lecture will deal with topics raised and those which are more generally the subject of criticism. Time will be allowed for (structured and time limited) contributions from the audience.’
Full story
Gresham College, 5th November 2014
Source: www.gresham.ac.uk
High Court slashes Google trial budget but says it’s too late for costs capping – Litigation Futures
‘The High Court has refused to make a costs-capping order in a case against Google because the case was so close to trial and so much had already been spent at a level which made detailed assessment inevitable.’
Litigation Futures, 18th November 2014
Source: www.litigationfutures.com
2014 Update: Focusing on Legal Status, Disability and Flexible Working – Cloisters
‘Once employment protection was focused upon conventional patterns of work – open-ended, regular full-time jobs with a single employer. Our norms have now moved on. Recent developments reflect this. It has never been more important to pinpoint the underlying prerequisites for the existence of a contract of employment.’
Cloisters, 20th November 2014
Source: www.cloisters.com
Blowing the budget – New Law Journal
‘Richard Harrison argues that the present structure of case and costs management is misconceived.’
New Law Journal, 12th November 2014
Source: www.newlawjournal.co.uk
Multiple Defendants: Who to sue? – Cloisters
‘Claims involving multiple defendants are often complex in terms of the facts, the law and the expert medical evidence. They are claims that we all have some experience of, and the issues involved have no doubt troubled us all to a greater or lesser degree at times.’
Cloisters, 3rd October 2014
Source: www.cloisters.com
Presumption Of Parental Involvement Now In Force – Zenith Chambers
‘After an unexplained delay, section 11 of the Children and Families Act 2014 was brought into force on 22nd October 2011.’
Full story (PDF)
Zenith Chambers, 4th November 2014
Source: www.zenithchambers.co.uk
Holiday pay: What about back pay? – Cloisters
‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’
Cloisters, 7th November 2014
Source: www.cloisters.com
Backlash on whiplash – New Law Journal
‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’
New Law Journal, 14th November 2014
Source: www.newlawjournal.co.uk
Software Patents – Lantana v The Comptroller – NIPC Law
‘Lantana Ltd. (“Lantana”) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California. One of the company’s employees invented a “method, systems, and computer program products for retrieving a file of machine readable data” for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty.’
NIPC Law, 17th November 2014
Source: www.nipclaw.blogspot.co.uk
Hundreds of GPs face urgent Care Quality Commission checks – Daily Telegraph
‘Almost 900 practices across Britain – more than one in 10 – deemed most likely to be failing patients by Care Quality Commission.’
Daily Telegraph, 17th November 2014
Source: www.telegraph.co.uk
A prisoner’s right to vote: straining European relations – Cloisters
‘In this article, I argue that there is an urgent need for a more rational approach to the debate about prisoners’ rights to vote – which has become an emotive issue in the United Kingdom. This is particularly so in light of the recent response from the United Kingdom government to ECtHR rulings, demonstrating an unparalleled defiance towards Strasbourg rulings. Due to this, the implications of the debate over prisoners’ voting rights extend beyond individuals, bringing into sharp focus a matter of broader significance to us all, namely the United Kingdom’s approach to democracy and human rights and its relationship with the European Court and the EU itself.’
Cloisters, 13th November 2014
Source: www.cloisters.com
When a system of inspection simply isn’t enough – Zenith PI Blog
‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’
Zenith PI Blog, 17th November 2014
Source: www.zenithpi.wordpress.com
Fortification Fortified: The Court Of Appeal’s Decision In EVP Ltd V Malabu Oil And Gas – Littleton Chambers
‘Grahame Anderson discusses the recent Court of Appeal decision in Energy Venture Partners Limited v Malabu Oil and Gas Limited [2014] EWCA Civ 1295 (9 October 2014).’
Littleton Chambers, 17th October 2014
Source: www.littletonchambers.com
Civil procedure: conduct and costs – Law Society’s Gazette
‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’
Law Society’s Gazette, 17th November 2014
Source: www.lawgazette.co.uk
My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers
‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’
Zenith Chambers, 13th November 2014
Source: www.zenithchambers.co.uk
