“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”
NearlyLegal, 15th May 2013
Source: www.nearlylegal.co.uk
“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”
The Guardian, 16th May 2013
Source: www.guardian.co.uk
“Criminal suspects who have been arrested should not normally be named until they are charged, the Home Secretary has said.”
The Independent, 16th May 2013
Source: www.independent.co.uk
“A widower left with brain damage from alcohol abuse linked to the shock of his wife’s sudden death is to receive a £150,000 payout from the NHS.”
BBC News, 15th May 2013
Source: www.bbc.co.uk
“A carpet fitter who smothered his frail mother to death after she threatened to write him out of her will has been jailed for life and ordered to serve a minimum of 18 years.”
The Independent, 15th May 2013
Source: www.independent.co.uk
“Appeal court justices say conviction was ‘unarguable’ for racist murder of London teenager in 1993.”
The Guardian, 15th May 2013
Source: www.guardian.co.uk
“The recent announcement from the justice secretary, opening up probation work to the private and voluntary sectors, may help to rebuild lives.”
The Guardian, 15th May 2013
Source: www.guardian.co.uk
“The Bar Standards Board (BSB) has approached the head of Westminster School after it auctioned off a mini-pupillage in a bid to raise money for a new building.”
The Lawyer, 15th May 2013
Source: www.thelawyer.com
“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”
One Inner Temple Lane, 8th May 2013
Source: www.1itl.com
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
“The tackle which goes wrong, the tendon which snaps, the heart condition which suddenly rears its head; few things are dreaded by professional sportspeople and their clubs as much as a career threatening injury or illness. Many put worry at the back of their minds by the thought that they have ‘insurance.'”
Full story (PDF)
Littleton Chambers, 9th May 2013
Source: www.littletonchambers.com
“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial and employment law meet and many of the cases turn on resolving the tension between a bargain struck between commercial men and the portmanteau term of trust and confidence. That tension presents an opportunity for the creative advisor and a pitfall for the unwary”
Full story (PDF)
11 KBW, 10th May 2013
Source: www.11kbw.com
“The Court of Appeal has dismissed a claim for leasehold enfranchisement by the occupiers of a mixed-use property, ruling that the property, part of which had been converted into a flat against the landlord’s wishes, was not a ‘house reasonably so called.”
OUT-LAW.com, 14th May 2013
Source: www.out-law.com
“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”
Full story (PDF)
11 Stone Buildings, 13th May 2013
Source: www.11sb.com
“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”
Full story (PDF)
4 New Square, 14th May 2013
Source: www.4newsquare.com
“Details of fines included on a second public list of tax defaulters shows that HM Revenue and Customs (HMRC) is ‘cracking down harder than ever before’ on businesses and individuals that deliberately underpay tax, an expert has said.”
OUT-LAW.com, 15th May 2013
Source: www.out-law.com
“Yesterday’s announcement that Lord Chancellor Chris Grayling had rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity was not a total shock.”
Legal Futures, 15th May 2013
Source: www.legalfutures.co.uk
“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”
NearlyLegal, 14th May 2013
Source: www.nearlylegal.co.uk
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