Gardener Andrew Woodhouse who beat thieves is cleared – BBC News
‘A gardener has been cleared of causing grievous bodily harm to thieves he caught red-handed raiding his business.’
BBC News, 23rd January 2014
Source: www.bbc.co.uk
Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal
‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’
New Law Journal, 22nd January 2014
Source: www.newlawjournal.co.uk
Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
Attorney General “warned LSB about regulatory creep” but indicates no roll-back of Clementi – Legal Futures
‘The Attorney General has warned about the “danger” of regulators micro-managing the legal profession, but also indicated that the government is unlikely to roll back the Clementi reforms that led to the creation of independent regulators.’
Legal Futures, 23rd January 2014
Source: www.legalfutures.co.uk
In Conversation with Joshua Rozenberg – LSE
‘Joshua Rozenberg is Britain’s best-known commentator on the law. In 2012 he was included by The Times in its independently-judged list of the UK’s 100 most influential lawyers, the only journalist to feature in the Times Law 100.’
Video (YouTube)
LSE, 16th January 2014
Royal wedding protesters lose court appeal against Metropolitan Police – The Independent
‘Republican activists who protested at the wedding of Prince William and Kate Middleton lost a legal appeal on Wednesday, against a ruling on the conduct of the Metropolitan Police.’
The Independent, 22nd January 2014
Source: www.independent.co.uk
Marital coercion defence ‘to be scrapped’ – BBC News
‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
Terror controls explained – Daily Telegraph
‘Tpim controls on seven terror suspects expire this month, but what are they?’
Daily Telegraph, 23rd January 2014
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Supreme Court
Marley v Rawlings & Anor [2014] UKSC 2 (22 January 2014)
Court of Appeal (Criminal Division)
Topland Portfolio No. 1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18 (21 January 2014)
Lewis & Ors v R [2014] EWCA Crim 48 (21 January 2014)
Court of Appeal (Civil Division)
Bolton & Ors v St Anselm Development Company Ltd [2014] EWCA Civ 27 (22 January 2014)
B (A Child), Re [2014] EWCA Civ 19 (21 January 2014)
Price & Anor v Davis & Anor [2014] EWCA Civ 26 (21 January 2014)
High Court (Queen’s Bench Division)
Ecclestone v Khyami [2014] EWHC 29 (QB) (20 January 2014)
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB) (20 January 2014)
High Court (Administrative Court)
KS v The City of Bradford Metropolitan District Council [2014] EWHC 11 (Admin) (10 January 2014)
O v Secretary of State for Education & Anor [2014] EWHC 22 (Admin) (17 January 2014)
Source: www.bailii.org
Swimming against the tide of good faith – Hardwicke Chambers
‘It is largely accepted that English contract law does not acknowledge a general duty to perform in good faith. In support of this proposition most commentators refer to Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433, CA, in which Bingham LJ (as he then was) spoke of the lack of any overriding legal principle of good faith, in the following terms:
“In many civil law systems, and perhaps in most legal systems outside the common law world, the law of obligations recognises and enforces an overriding principle that in making and carrying out contracts parties should act in good faith. This does not simply mean that they should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as “playing fair,” “coming clean” or “putting one’s cards face upwards on the table.” It is in essence a principle of fair and open dealing… English law has, characteristically, committed itself to no such overriding principle but has developed piecemeal solutions in response to demonstrated problems of unfairness.”’
Hardwicke Chambers, 14th January 2014
Source: www.hardwicke.co.uk
Habitual Residence – the state of mind of the child – the Supreme Court advances the ‘increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents’ decision.’ – Sovereign Chambers
‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’
Sovereign Chambers, 20th January 2014
Source: www.sovereignchambers.co.uk
Obtaining a defendant’s insurance details – Hardwicke Chambers
‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers
‘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.’
Sovereign Chambers, 20th January 2014
Source: www.sovereignchambers.co.uk
Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian
‘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.’
The Guardian, 22nd January 2014
Source: www.guardian.co.uk
Thank the Lords! – Sovereign Chambers
‘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.’
Sovereign Chambers, 15th January 2014
Source: www.sovereignchambers.co.uk
How long do I have? – Hardwicke Chambers
‘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).’
Hardwicke Chambers, 15th January 2014
Source: www.hardwicke.co.uk
Law and Democracy – Six Pump Court
‘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
‘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.’
Littleton Chambers, 8th January 2014
Source: www.littletonchambers.com
Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 22nd January 2014
Source: www.hardwicke.co.uk
