“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”
UK Human Rights Blog, 31st July 2013
Source: www.ukhumanrightsblog.com
“It might be that the sanction of committal for contempt for ignoring orders of the court in respect of providing proper financial information in divorce proceedings may be more likely than before – partly in view of the new climate intended to be fostered by the ‘Jackson’ reforms.”
Sovereign Chambers, 22nd July 2013
Source: www.sovereignchambers.co.uk
“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”
Sovereign Chambers, 19th July 2013
Source: www.sovereignchambers.co.uk
“With the Crime and Courts Act having received Royal Assent on 25 April 2013, Andrew Price looks at the genesis of Deferred Prosecution Agreements (DPAs) and what may lie in store for the future.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“An Imam performs the duty of offering prayer for the congregation in mosques. Essentially mosques are a centre of community worship where Muslims perform ritual prayer and where historically they also gathered for political, social and cultural functions. The function of the mosque is summarised by the 13th Century jurist Ibn Taymiyah as a place of gathering where prayer was celebrated and where public affairs were conducted. Services connected to marriages or birth are not usually performed inside the mosque. The rites that are important and integral to the function of many churches such as confession, penitence and confirmation do not exist in mosques.”
No. 5 Chambers, 25th July 2013
Source: www.no5.com
“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”
Sovereign Chambers, 30th July 2013
Source: www.sovereignchambers.co.uk
“On 19 June 2013, the Supreme Court gave judgment in the case of Bank Mellat v HM Treasury (No. 1) and (No. 2). Gavin Irwin reviews the latest developments in the deployment of sanctions against Iran and the tensions that can arise between international organisations, nation states and commercial entities.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“This is an Act to make provision for same sex couples in England and Wales and about gender change for married persons and civil partners. It does not;
– Change the law relating to marriage for couples of the opposite sex
– Abolish civil partnership or repeal the Civil Partnership Act 2004
– Extend civil partnership to couples of the opposite sex”
Zenith Chambers, 24th July 2013
Source: www.zenithchambers.co.uk
“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”
Hardwicke Chambers, 24th July 2013
Source: www.hardwicke.co.uk
On 20th June 2013, Tom Hayes, a former trader with UBS, appeared before Westminster Magistrates Court charged with eight counts of fraud. He is the first individual to be prosecuted as a result of the SFO’s investigation into the LIBOR scandal. Peter Caldwell reviews the background to the investigation and examines the challenges that lie ahead for the Serious Fraud Office.
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“On 9 July I looked at a Court of Appeal decision which showed that it remained arguable that a change in the arrangements between a creditor and the principal debtor might so alter the subject matter of what was guaranteed as to discharge the guarantor. This week comes a timely reminder that the first and fundamental step is to construe the contract to see what obligations are covered by the guarantee.”
Littleton Chambers, 19th July 2013
Source: www.littletonchambers.com
“Giles Bedloe, who acted as junior counsel in SFO v Williams reviews the recent statements of the Court of Appeal in Attorney General’s Reference Nos. 7 & 8 of 2012 and R v Levene [2013] EWCA 709.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“Eloise Power writes about EC Cosmetics Regulation (Regulation EC No 1223/2009) and Commission Regulation (Regulation EU No 655/2013) now in force.”
Doughty Street Chambers, 24th July 2013
Source: www.doughtystreet.co.uk
“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”
Garden Court Chambers Blog, 30th July 2013
Source: www.gclaw.wordpress.com
“The Supreme Court ruled today that sums claimed under a Financial Support Direction of the Pensions
Regulator that is issued after a company’s entry to insolvency will rank as provable debts. It disagreed with both the High Court and a unanimous Court of Appeal, which had held that sums claimed under such a FSD were payable as insolvency expenses. The Supreme Court also rejected an argument that such a claim ranked below ordinary creditors as a non-provable liability.”
Full story (PDF)
11 Stone Buildings, 24th July 2013
Source: www.11sb.com
“An NHS trust is fighting a court battle to sterilise a man with moderate learning difficulties.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”
Full story (PDF)
4 New Square Chambers, 17th July 2013
Source: www.4newsquare.com
“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”
NearlyLegal, 3oth July 2013
Source: www.nearlylegal.co.uk
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