Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

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Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

Is a limited recourse agreement no longer an effective weapon against winding-up? – 11 Stone Buildings

Posted March 26th, 2014 in consumer credit, EC law, insolvency, news, winding up by sally

‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

‘You can’t wear that here’ – OUP Blog

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

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OUP Blog, 26th March 2014

Source: www.blog.oup.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2014 in legislation by sally

The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2014

The HGV Road User Levy Act 2013 (Commencement No.2) Order 2014

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2014

Source: www.legislation.gov.uk

Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

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Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

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Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

Lawrence family lawyer Imran Khan: ‘We see what the state is capable of’ – The Guardian

‘Imran Khan has been routinely portrayed as an anti‑establishment troublemaker. Now, in the wake of the Ellison report on police corruption, he explains how it feels to be vindicated.’

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The Guardian, 25th March 2014

Source: www.guardian.co.uk

Released short term prisoner face another two weeks behind bars if they ignore new supervision – Daily Telegraph

Posted March 26th, 2014 in bills, diversity, magistrates, news, rehabilitation, supervision orders by sally

‘Damian Green, Justice minister, announces new powers for magistrates to ensure new supervision orders are met.’

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Daily Telegraph, 25th March 2014

Source: www.telegraph.co.uk

Cyber-bullies could be given tougher sentences – The Independent

‘The Government today backed tougher laws that could see cyber stalkers imprisoned for up for two years.’

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The Independent, 25th March 2014

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2014 in legislation by sally

The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014

The Protection of Wrecks (Designation) (England) Order 2014

The European Parliamentary Elections (Welsh Forms) Order 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 2) Order 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 3) Order 2014

The Tribunal Security Order 2014

The Wireless Telegraphy (Limitation of Number of Licences) Order 2014

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 11) Order 2014

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 3) Regulations 2014

The National Health Service Trusts (Membership and Procedure) Amendment Regulations 2014

The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2014

The Children and Families Act 2014 (Commencement No. 1) Order 2014

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2014

Source: www.legislation.gov.uk

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) – Supreme Court

Posted March 25th, 2014 in appeals, law reports, media, official secrets act, police, Supreme Court by sally

R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) [2014] UKSC 17 (YouTube)

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another [2014] EWCA Civ 312; [2014] WLR (D) 138

‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Delay to the operation of new unified patent court – OUT-LAW.com

Posted March 25th, 2014 in courts, delay, news, patents by sally

‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’

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OUT-LAW.com, 24th March 2014

Source: www.out-law.com