Challenging an error of fact – Hardwicke Chambers
‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’
Hardwicke Chambers, 24th November 2014
Source: www.hardwicke.co.uk
Assessing loss of a chance – Hardwicke Chambers
‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
Zero Hours Contracts – No. 5 Chambers
‘A zero hours contract is not a term of legal art although a definition has been attempted in the Small Business, Enterprise and Employment Bill which proposes to insert as S.27A of the Employment Rights Act 1996:
(1) In this section “zero hours contract” means a contract of employment or other worker’s contact under which –
(a) The undertaking to do or perform work is an undertaking to do so conditionally on the employer making work or services available to the worker, and
(b) There is no certainty that any such work or services will be made available to the worker.
(2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.’
Full story (PDF)
No. 5 Chambers, 14th November 2014
Source: www.no5.com
Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers
‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’
Zenith Chambers, 21st November 2014
Source: www.zenithchambers.co.uk
Equitable Compensation – The Supreme Court Reviews the Position – Littleton Chambers
‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’
Littleton Chambers, 26th November 2014
Source: www.littletonchambers.com
Same sex couples – now with added marriage – Tanfield Chambers
‘MSSCA 2013 does not create a new status of “same sex marriage” 1 (SSM). It extends the
existing institution of marriage to same sex couples:
s.1 The marriage of same sex couples is lawful.
s.11(1) In the law of England and Wales, marriage has the same effect’
Full story (PDF)
Tanfield Chambers, 14th November 2014
Source: www.tanfieldchambers.co.uk
Counter Terrorism and Security Bill unveiled – Home Office
‘Urgently-needed legislation which will give the UK some of the toughest powers in the world to tackle the increasing threat from international terrorism was introduced today.’
Home Office, 26th November 2014
Source: www.gov.uk/home-office
Baby P effect takes children in care numbers to 25-year high, says NAO – The Guardian
‘The number of children in care has risen to its highest level for nearly 25 years following the death of Baby P and recent child sex exploitation scandals, the government’s spending watchdog has found.’
The Guardian, 27th November 2014
Source: www.guardian.co.uk
Terror law watchdog calls for court role in temporary exclusion orders – The Guardian
‘The lack of any effective check or court oversight of the home secretary’s new powers to impose temporary exclusion orders for up to two years on British citizens returning from Iraq or Syria has been strongly criticised by the official counter-terror law watchdog.’
The Guardian, 26th November 2014
Source: www.guardian.co.uk
Legal aid cuts means free housing advice slashed despite rise in repossessions – The Independent
‘Legal help for thousands of families facing eviction from their home is being slashed by the Government despite soaring numbers of repossessions, an investigation for The Independent has found.’
The Independent, 26th November 2014
Source: www.independent.co.uk
Supreme Court stresses importance of compliance with court orders – Litigation Futures
‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’
Litigation Futures, 27th November 2014
Source: www.litigationfutures.com
Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian
‘The owner of a group of children’s homes has been found guilty of 26 charges of sexual abuse against troubled and vulnerable youngsters who were in his care.’
The Guardian, 26th November 2014
Source: www.guardian.co.uk
High Court judge rejects challenge to 400-home planning consent, despite planning officer’s mistaken advice – OUT-LAW.com
‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’
OUT-LAW.com, 26th November 2014
Source: www.out-law.com
Stop Retaliating! – NearlyLegal
‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’
NearlyLegal, 27th November 2014
Source: www.nearlylegal.co.uk
British brothers jailed for training at terrorist camp in Syria – The Independent
‘Two jihadist brothers have become the first Britons to be jailed for going to Syria to attend a terrorist training camp.’
The Independent, 26th November 2014
Source: www.independent.co.uk
Inquiry into paedophile William Vahey finds serious failures at school – The Guardian
‘The headmaster of an elite London school where the US paedophile William Vahey abused more than 60 boys dismissed a complaint about his worrying conduct on a field trip as “unfair pressure” by “vindictive parents”, an independent report in to his criminality has revealed.’
The Guardian, 26th November 2014
Source: www.guardian.co.uk
Careers for the 21st century law student – The Guardian
‘Even in a profession as traditional as law, technology is powerful enough to kill and create a range of roles.’
The Guardian, 25th November 2014
Source: www.guardian.co.uk
Doctor Lam Hoe Yeoh jailed for secretly filming patients – BBC News
‘A doctor who secretly filmed hundreds of patients, colleagues and hospital visitors has been jailed for five years.’
BBC News, 26th November 2014
Source: www.bbc.co.uk
FCA report on complaint handling more optimistic than many feared – RPC Financial Services Blog
‘The FCA has finally published its report on its review of consumer complaint handling at 15 major retail financial services firms. Despite the expressed intention at the launch of the review last year for phase 2 to “consider firms’ approach to redress and root cause analysis”, the report is explicitly and determinedly forward-looking and does not – as some feared – criticise firms’ failures to root out systemic historic failings and proactively provide redress. In the end, the FCA’s stated aim was to uncover potential barriers to effective complaints handling and developing solutions going forward.’
RPC Financial Services Blog, 24th November 2014
Source: www.rpc.co.uk
