In Too Deep – Zenith Chambers
“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Mediation: No duty to put meat on the bones – Hardwicke Chambers
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
Jackson: 6 months on – Zenith Chambers
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers
“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”
Littleton Chambers, 23rd October 2013
Source: www.littletonchambers.com
Is this the end for Swap Mis-selling Claims? – No. 5 Chambers
“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”
No. 5 Chambers, 21st October 2013
Source: www.no5.com
NCA suffers Supreme Court defeat on assets recovery marshalling claim – 11 Stone Buildings
“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”
Full story (PDF)
11 Stone Buildings, 23rd October 2013
Source: www.11sb.com
Jackson: six months on – New Law Journal
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
Too Many Law Students, Not Enough Jobs? – BBC Law in Action
“Joshua Rozenberg investigates claims that too many students are training to be lawyers in a time when jobs in the legal profession are scarce.”
BBC Law in Action, 29th October 2013
Source: www.bbc.co.uk
Prudential Assurance Co Ltd v Revenue and Customs Comrs – WLR Daily
Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411
“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”
WLR Daily, 24th October 2013
Source: www.iclr.co.uk
Closegate Hotel Development (Durham) Ltd and another v McLean and others – WLR Daily
“The prohibition on an officer of a company in administration exercising a management power absent the consent of the administrators contained in paragraph 64 of Schedule B1 to the Insolvency Act 1986, as inserted, did not deprive the directors of a company of the authority to cause the company to challenge the validity of the appointment of the administrators, nor was the exercise of such authority dependent upon the provision by the directors of an indemnity for costs.”
WLR Daily, 25th October 2013
Source: www.iclr.co.uk
National Crime Agency v Szepietowski and another – WLR Daily
National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408
“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily
“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Command Papers – official-documents.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Arthur v R [2013] EWCA Crim 1852 (29 October 2013)
Court of Appeal (Civil Division)
Chilukuri & Anor v RP Explorer Master Fund [2013] EWCA Civ 1307 (29 October 2013)
Berger v Berger [2013] EWCA Civ 1305 (29 October 2013)
High Court (Chancery Division)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Finesse Group Ltd v Bryson Products (A Firm) [2013] EWHC 3273 (TCC) (29 October 2013)
Source: www.bailii.org
Hazel Bailey death: Husband jailed for walking stick killing – BBC News
“A 74-year-old man suffering from dementia who brutally beat his wife to death with a walking stick in a row over the heating has been jailed.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
Sainsbury’s vs Tesco dispute winds up in court – The Independent
“A bitter dispute between Sainsbury’s and Tesco is set to hit the courts after the UK’s second biggest supermarket said it would seek a judicial review into the advertising watchdog’s decision not to uphold a complaint against their bigger rival.”
The Independent, 30th October 2013
Source: www.independent.co.uk
Former Kingston Council leader jailed for child abuse images – BBC News
“The former leader of Kingston Borough Council has been jailed for two years for downloading nearly 2,850 images and 293 movies showing child abuse.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
Jeremy Hunt loses appeal as Lewisham hospital cuts ruled illegal – The Guardian
“The health secretary suffered another embarrassing legal defeat on Tuesday when appeal court judges ruled he had acted illegally in cutting A&E and maternity services at Lewisham hospital in south-east London.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
