Linking to free web content is legal, says EU Court – BBC News
‘Websites can link to freely available content without the permission of the copyright holder, the European Court of Justice says.’
BBC News, 14th February 2014
Source: www.bbc.co.uk
High Court untangles claim and counterclaim over law firm sale – Legal Futures
‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’
Legal Futures, 17th February 2014
Source: www.legalfutures.co.uk
Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog
‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’
UK Human Rights Blog, 16th February 2014
Source: www.ukhumanrightsblog.com
BNP activist Adam Walker loses Michael Gove teaching ban challenge – BBC News
‘A British National Party (BNP) activist who was given a lifetime teaching ban has lost his legal challenge against Education Secretary Michael Gove.’
BBC News, 14th February 2014
Source: www.bbc.co.uk
‘Logbook lenders’ are flouting the law, say debt advisers – The Guardian
‘Innocent car buyers can lose their vehicles under ‘bills of sale’ rules dating back to the Victorian era.’
The Guardian, 16th February 2014
Source: www.guardian.co.uk
Record number of foreign criminals cannot be deported – Daily Telegraph
‘In 2012/2013 602 appeals were allowed by the immigration courts, including 324 criminals allowed to stay in Britain because of their right to a family life.’
Daily Telegraph, 15th February 2014
Source: www.telegraph.co.uk
Ryaheen Banimuslem balcony death: Sheffield man jailed over girl’s fall – BBC News
‘A maintenance worker has been jailed over the death of a girl who fell 60ft (18m) from a balcony in Sheffield.’
BBC News, 14th February 2014
Source: www.bbc.co.uk
Muslim convert who agitated for sharia state in UK given groundbreaking asbo – The Guardian
‘A Muslim convert who targeted members of the public as part of a campaign for a sharia state in Britain has been given a groundbreaking asbo, police have said.’
The Guardian, 15th February 2014
Source: www.guardian.co.uk
These Things Take Time – Zenith Chambers
‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Chat Rooms and 21st Century Insider Dealing – Six Pump Court
‘Just when the bankers and financiers of the world thought it was safe to begin trading again in the shark infested waters of high finance after showing their contrition with the payment of multi-billion dollar fines to various regulators worldwide following the debacle of the Libor Scandal, a further scandal is looming which has the potential to dwarf Libor and lead to further collateral investigations into other asset classes across the board – welcome to the year of the Forex!’
Six Pump Court, 12th February 2014
Source: www.6pumpcourt.co.uk
Fact or Friction – Horner v Norman – Zenith Chambers
‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
The High Court’s new Planning Court – Thirty Nine Essex Street
‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’
Thirty Nine Essex Street, February 2014
Source: www.39essex.com
Private Prosecutions: The foundations are laid – Six Pump Court
‘The headline in The Guardian on Wednesday 29th January 2014 (“Metropolitan Police accused of acting on behalf of big business”) would undoubtedly have caused a stir amongst private prosecutors, public prosecutors, the police, the Home Office and others interested in the issue of commercial organisations seeking redress in the criminal courts in relation to crimes committed against them. The story, based upon observations made by the Lord Chief Justice in a recent Court of Appeal case, queried the efficacy of private prosecutions brought in such circumstances and – quoting labour MP Tom Watson and Jenny Jones, a London assembly member for the Green party – suggested that they represented the “…creeping privatisation of policing…”. The former spoke of “…two tier-policing where corporate interests can buy the time of the police…” whilst the latter complained, “I hate the thought that if you are rich you can buy more justice than if you are poor…”. And yet at a time when funding for public bodies – and in particular prosecuting authorities – is under such severe strain, it is inevitable that there will be a growing demand for the private sector to operate in areas that were once solely or mainly inhabited by the state. Private prosecutions are here to stay – that much is clear from the case concerned. But are the criticisms levelled against them fair? And what is the real impact of the case on private prosecutions, confiscation and compensation and the very real problem of fraud on commerce? ‘
Six Pump Court, 5th February 2014
Source: www.6pumpcourt.co.uk
Getting section 146 notices right: Anders v Haralambous – Hardwicke Chambers
‘Despite the 146 notice having been around, in one form or another, for more than 130 years, it is still causing as much angst as ever. The High Court appeal in Anders v Haralambous [2013] EWHC 2676 (QB), in which John de Waal QC acted for the Respondent, highlights the added complication of the interaction between s146 and the determination of breach pursuant to s168 of the Commonhold and Leasehold Reform Act 2002.’
Hardwicke Chambers, 4th February 2014
Source: www.hardwicke.co.uk
The Doctor’s Note – Zenith Chambers
‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
When is a bedroom not a bedroom? – Hardwicke Chambers
‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’
Hardwicke Chambers, 12th February 2014
Source: www.hardwicke.co.uk
Do contractual principles apply to section 35(d) of the Partnership Act 1890? The CoA sets the record straight – 11 Stone Buildings
‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’
11 Stone Buildings, February 2014
Source: www.11sb.com
Entire Agreement Clauses & Requirements for Variations/Waivers in Writing: Energy Venture Partners Ltd v Malabu Oil and Gas Ltd – Henderson Chambers
‘One encounters the following situation fairly routinely in practice. On Monday the parties sign a carefully drafted and negotiated contract intended to govern all aspects of their relationship. Detailed mechanisms purport to cater for all eventualities. By Friday, the parties have slipped into a mode of performance which, in material respects, differs radically from the provisions of the contract.’
Henderson Chambers, 10th February 2014
Source: www.hendersonchambers.co.uk
Fixed term tenancies: How hard can it be for a social landlord? – Hardwicke Chambers
‘In November 2010 the Housing Minister Grant Shapps identified what he perceived to be a problem with social housing:
“For far too long in this country there has been a lazy consensus about the use of social housing, which has left one of our most valuable resources trapped in a system that helps far fewer people than it should. This out-of-date approach has seen waiting lists rocket and is unfair to people who genuinely need social homes. They trap existing tenants in poverty, often in homes that aren’t suitable for them.”
After consultation the Government came up with some proposed solutions which involved a radical re-think of the way social housing was to be allocated and administered. The ideas included: flexible tenancies, fairer allocations, greater mobility, fairer provision for homeless, affordable rents and tenants’ powers of scrutiny.’
Hardwicke Chambers, 12th February 2014
Source: www.hardwicke.co.uk
