Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers

Posted January 22nd, 2014 in appeals, civil procedure rules, disclosure, news, sanctions by sally

‘This is an important case on the question of the correct approach where there has been default in respect of a sanction imposed by the court under the new “post- Jackson” regime, both in terms of the appropriate structure of applications for relief against sanctions. The Court of Appeal overturned the decision of the deputy high court judge and refused to entertain a second application for relief against sanctions where a previous judge had ordered that the defence and counterclaim be struck out.
The history of litigation and orders is slightly complex but has to be understood.’

Full story

Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian

Posted January 22nd, 2014 in evidence, freedom of expression, juries, jury directions, news, religious discrimination by sally

‘A judge warned a jury on Wednesday that it was wrong to be prejudiced against anyone because of their expression of religious faith, as a Muslim defendant prepared to go on trial wearing a full face veil.’

Full story

The Guardian, 22nd January 2014

Source: www.guardian.co.uk

Thank the Lords! – Sovereign Chambers

Posted January 22nd, 2014 in ASBOs, bills, injunctions, news, nuisance, parliament by sally

‘If last Wednesday’s vote in the House of Lords was not a reminder as to why we need a second house to protect us then nothing will be. Many members of the public will not realise just how close this country came to fundamentally damaging the democratic society we live in and abandoning the principle of free speech, whilst simultaneously providing an unwieldy weapon against practically anybody for doing pretty much anything that another person does not like.’

Full story

Sovereign Chambers, 15th January 2014

Source: www.sovereignchambers.co.uk

How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

Full story

Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

Law and Democracy – Six Pump Court

Posted January 22nd, 2014 in courts, criminal justice, news by sally

‘The basis of the English criminal law is to protect property. An illustration of this fundamental principle of English jurisprudence was enshrined most notoriously in the Black Act of the eighteenth century which was introduced in an atmosphere of considerable social disquiet by the ruling classes in order to quell the unrest directed at the chattels and property of the ruling classes and which was perceived at that time as a challenge to the then social order.’

Full story (Word)

Six Pump Court, 16th January 2014

Source: www.6pumpcourt.co.uk

Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

Full story

Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

Full story

Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

Full story

11 Stone Buildings, January 2014

Source: www.11sb.com

Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 22nd, 2014 in legislation by sally

The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) (Amendment) Regulations 2014

The Structural Funds (Welsh Ministers) Regulations 2014

Source: www.legislation.gov.uk

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted January 22nd, 2014 in assisting offenders, foreign jurisdictions, government departments, intelligence services, judicial review, law reports, weapons by sally

Regina (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 24; [2013] WLR (D) 14

‘The English court would not adjudicate, either as a question of justiciability or as a matter of discretion, on a claim which sought to characterise the actions of United Kingdom officials passing on locational intelligence to officials of the United States of America for use in drone strikes as secondary criminal offences either under domestic criminal law or international humanitarian law, because such relief would necessarily entail a condemnation of the activities of a foreign sovereign state.’

WLR Daily, 20th January 2014

Source: www.iclr.co.uk

Buzzoni and others v Revenue and Customs Comrs – WLR Daily

Posted January 22nd, 2014 in covenants, gifts, inheritance tax, law reports, leases by sally

Buzzoni and others v Revenue and Customs Comrs [2013] EWCA Civ 1684; [2014] WLR (D) 13

‘Whether property disposed of by way of gift was enjoyed to the entire or virtually entire exclusion of any benefit to the donor by contract or otherwise, and whether it constituted property “subject to a reservation” within the meaning of section 102(1)(b) of the Finance Act 1986 for the purposes of inheritance tax under the Inheritance Act 1984, depended not on whether the donor had obtained a benefit from the gifted property but whether the donee’s enjoyment of that property remained exclusive. If the benefit to the donor had no impact on, was irrelevant to and made no or virtually no difference to the donee’s enjoyment, the donee’s enjoyment was to the entire or virtually entire exclusion of any benefit to the donor and, therefore, the gifted property would be an exempt transfer and not subject to inheritance tax.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

Ofgem accuses Npower of ‘misleading’ report – BBC News

Posted January 22nd, 2014 in consumer protection, energy, news, reports by sally

‘A report by power supplier Npower, claiming bills will rise due to higher energy distribution costs, has been dismissed by regulator Ofgem as “misleading”.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

EVENT: King’s College London – Contract Law and Market Solidarity

Posted January 22nd, 2014 in Forthcoming events by sally

‘The aim of this series is to initiate a dialogue between different areas of private law, between private lawyers and experts in other legal fields, as well as scholars in other disciplines in the humanities and social studies.

We believe that these ‘conversations’ can enrich the research and practice of private law, and shed light on its great contribution to, and influence on, other areas of scholarship and practice inside and outside the law.’

Date: 27th January 2014, 6.15-8.15pm

Location: SW1.18 (Moot Court Room), Somerset House East Wing, London WC2R 2LS

Charge: Free, registration required

More information can be found here.

EVENT: UCL – Social & Legal Philosophy Colloquium: Justice and Feasibility

Posted January 22nd, 2014 in Forthcoming events by sally

‘Speaker: Mary B. Saltonstall Professor & Professor of Ethics and Population Health, Harvard’

Date: 19th March 2014, 4.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: King’s College London – The Centre Cannot Hold: A Memoir of my Schizophrenia

Posted January 22nd, 2014 in Forthcoming events by sally

‘Professor Elyn Saks will give the second in The John Toulmin Lecture in Law and Psychiatry lecture series.The series was set up following a gift by John and Carolyn Toulmin to the College with the aim of establishing a collaborative relationship between the College’s Dickson Poon School of Law and the College’s Institute of Psychiatry.

Date: 18th March 2014, 7.30-9.30pm

Location: Edmond J Safra Lecture Theatre King’s Building Strand Campus

Charge: Free, registration required

More information can be found here.

Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

Full story

BBC News, 22nd January 2014

Source: www.bbc.co.uk

EVENT: The Law Society – Same sex marriage: job done for LGB equality?

Posted January 22nd, 2014 in Forthcoming events by sally

‘Saturday 29 March 2014 will see the first same sex wedding take place in England and Wales. Join the Law Society for an interactive panel event to celebrate this key step forward for LGB equality and to mark LGBT History Month 2014.

Our discussion event: Same sex marriage: job done for LGB equality? will examine the issue of LGB equality now that the Marriage (Same Sex Couples) Act 2013 has been passed through a ‘Question Time’ style live session with the audience.

Our distinguished panel includes:

Peter Tatchell, director, Peter Tatchell Foundation and leading political rights activist;
Rachel Woodd, partner, Jones Nickolds Family Law Solicitors;
Alistair Stewart, assistant director, the Kaleidoscope Trust; and
S.Chelvan, barrister, No 5 Chambers.’

CPD hours 2.0

Date: 20th February 2014, 6.00-9.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

EVENT: Queen Mary – Annual Law and Society Lecture: Vera Baird QC, ‘Police and Crime Commissioners, Making a Difference’

Posted January 22nd, 2014 in Forthcoming events by sally

‘Vera Baird QC was elected as Northumbria’s first Police and Crime Commissioner in 2012. Vera’s Police and Crime Plan focuses on five areas, Anti-Social Behaviour, Domestic and Sexual Abuse, Community Confidence, Reducing Crime and Putting Victims First. The Commissioner is working closely with the public to ensure the police deliver the priorities set down in the Police and Crime plan.’

Date: 4th February 2014, 6.30pm

Location: Arts2 Lecture Theatre, Arts2 Building, School of Law, Queen Mary University of London, Mile End Road, London E1 4NS

Charge: Free, registration required

More information can be found here.