Benedetti v Sawiris and others – WLR Daily

Posted July 19th, 2013 in appeals, joint liability, law reports, restitution, telecommunications, unfair commercial practices by sally

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Yarow, R. v [2013] EWCA Crim 1175 (18 June 2013)

Court of Appeal (Civil Division)

Evans & Anor v Finance-U-Ltd [2013] EWCA Civ 869 (18 July 2013)

SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 (18 July 2013)

West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 (18 July 2013)

DL v EL (Rev 1) [2013] EWCA Civ 865 (16 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

High Court (Chancery Division)

BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC B10 (Ch) (17 July 2013)

Wholecrop Marketing Ltd v Wolds Produce Ltd [2013] EWHC 2079 (Ch) (16 July 2013)

High Court (Administrative Court)

Johnson & Anor v Nursing and Midwifery Council [2013] EWHC 2140 (Admin) (18 July 2013)

West v Taylor-Duncan [2013] EWHC 2163 (QB) (Admin) (18 July 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2127 (Admin) (18 July 2013)

High Court (Family Division)

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)

A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)

RCW v A Local Authority (No.2): Re SB [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Commercial Court)

Intesa Sanpaolo SPA v Regione Piemonte [2013] EWHC 1994 (Comm) (16 July 2013)

High Court (Patents Court)

HTC Corporation v Gemalto SA [2013] EWHC 1876 (Pat) (10 July 2013)

Source: www.bailii.org

Updated Bar Council Taxation and Retirement Benefits Guidance – The Bar Council

Posted July 19th, 2013 in barristers, news, retirement, self-employment, taxation by sally

“The Bar Council has launched updated taxation guidance for barristers to help them manage their tax position. This coincides with changes to the tax system introduced by the Finance Act 2013, which received Royal Assent on 18 July 2013.”

Full story

The Bar Council, 18th July 2013

Source: www.barcouncil.org.uk

A heresy extinguished: Hastings-Bass reformed – New Square Chambers

Posted July 19th, 2013 in appeals, news, professional conduct, Supreme Court, trusts by sally

“A heresy usually derives from the earnest application of principle without the benefit of perspective. Addressing the rule in Hastings Bass, and its heretical application over many years by the High Court, the Supreme Court in Pitt v Holt and Futter v Futter [2013] uKSC 26 has greatly narrowed its use and effect.”

Full story (PDF)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk

Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

Full story

Sovereign Chambers, 25th June 2013

Source: www.sovereignchambers.co.uk

Giving tenants a break – Hardwicke Chambers

Posted July 19th, 2013 in landlord & tenant, leases, news, rent by sally

“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”

Full story

Hardwicke Chambers, 15th July 2013

Source: www.hardwicke.co.uk

New Era or Plus Ça Change – Littleton Chambers

Posted July 19th, 2013 in consultations, news, regulations, tribunals by sally

“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”

Full story (PDF)

Littleton Chambers, 15th July 2013

Source: www.littletonchambers.com

High Court gets teeth into BSB disciplinary problems – Legal Futures

Posted July 19th, 2013 in barristers, disciplinary procedures, inns of court, judicial review, news, tribunals by sally

“The High Court has this week been hearing the first claim for judicial review arising from last year’s high-profile problems with the Bar Standards Board’s (BSB) tribunals which, if successful, would throw the barristers’ disciplinary regime into disarray.”

Full story

Legal Futures, 18th July 2013

Source: www.legalfutures.co.uk

Corporate Crime Review – Dyers Chambers

Posted July 19th, 2013 in banking, company law, crime, financial regulation, fraud, interest, news, sentencing by sally

“Members of Dyers Chambers review developments across the spectrum of corporate crime and financial regulation, including updates on LIBOR, Sanctions, DPAs and Fraud Sentencing.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Getting local authorities mythbusting – Cloisters

Posted July 19th, 2013 in bills, codes of practice, elections, local government, news, political parties by sally

“Local authorities have a duty not to spend public money on propaganda for a political party. Section 4 of the Local Government Act 1986 provides for a Code of recommended practice as regards publicity. Councils which fail to follow its requirements may find themselves in breach of s 2 of the LGA 1986 and subject to judicial review. Hence councils act with caution in this area. Declan O’Dempsey writes about recent work on the Local Audit and Accountability Bill, which should encourage local authorities to rebut factually inaccurate stories put out by political parties, perhaps event during the election “purdah” period.”

Full story (PDF)

Cloisters, July 2013

Source: www.cloisters.com

Permission to amend after expiry of time limits – and an unfair hearing – UK Human Rights Blog

Posted July 19th, 2013 in amendments, appeals, civil procedure rules, news, planning, time limits by sally

“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”

Full story

UK Human Rights Blog, 18th July 2013

Source: www.ukhumanrightsblog.com

The Azelle Rodney inquiry and Article 2 – Garden Court Chambers Blog

Posted July 19th, 2013 in firearms, homicide, human rights, inquiries, news, police by sally

“Leslie Thomas considers the recent Azelle Rodney inquiry and the impact on matters relating to Article 2.”

Full story

Garden Court Chambers Blog, 18th July 2013

Source: www.gclaw.wordpress.com

‘Dating scams’ add to 27% increase in fraud – The Independent

Posted July 19th, 2013 in fraud, internet, news by sally

“So-called ‘dating scams’ have contributed to a 27% increase in the number of frauds reported, official figures show.”

Full story

The Independent, 18th July 2013

Source: www.independent.co.uk

£5m compensation for 1,000 who had holiday from hell – Daily Telegraph

Posted July 19th, 2013 in compensation, consumer credit, holidays, insurance, news by sally

“Around 1,000 holidaymakers will share a total pot of £5m from First Choice, Thomas Cook and My Travel after a “holiday from hell” court case concluded.”

Full story

Daily Telegraph, 18th July 2013

Source: www.telegraph.co.uk

Appeal court criticises SRA as it raises possibilty of more time to challenge interventions – Legal Futures

Posted July 19th, 2013 in appeals, human rights, news, Solicitors Regulation Authority, time limits by sally

“There may be circumstances in which the eight-day period solicitors have to challenge interventions into their practices should be extended, the Court of Appeal has suggested.”

Full story

Legal Futures, 19th July 2013

Source: www.legalfutures.co.uk

Tax general anti-abuse rule now in force as Finance Act receives Royal Assent – OUT-LAW.com

Posted July 19th, 2013 in financial regulation, news, tax avoidance by sally

“The new general anti-abuse rule (GAAR) is now in force, preventing artificial and abusive tax avoidance schemes that fail to pass a ‘double reasonableness’ test.”

Full story

OUT-LAW.com, 18th July 2013

Source: www.out-law.com

Francis inquiry into Stafford Hospital cost government £6m – BBC News

Posted July 19th, 2013 in costs, hospitals, inquiries, news by sally

“The government spent £6m on submitting evidence to the Francis inquiry into Stafford Hospital failings, Health Secretary Jeremy Hunt has revealed.”

Full story

BBC News, 18th July 2013

Source: www.bbc.co.uk

Chris Huhne loses complaint against five newspapers over prison photos – The Guardian

Posted July 19th, 2013 in complaints, media, news, photography, privacy, public interest by sally

“The Press Complaints Commission has dismissed complaints from Liberal Democrat MP Chris Huhne and his partner Carina Trimingham levelled against five national newspapers over photographs of the pair at Leyhill prison.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Man facing prosecution for ‘tombstoning’ – Daily Telegraph

Posted July 19th, 2013 in byelaws, fines, health & safety, news, prosecutions by sally

“The first prosecution for ‘tombstoning’ could be brought against a man accused of jumping from a 30ft bridge.”

Full story

Daily Telegraph, 18th July 2013

Source: www.telegraph.co.uk

Press regulation: Ipso would have ‘no independence from industry’ – The Guardian

Posted July 19th, 2013 in complaints, fines, media, news by sally

“The new press watchdog proposed by the country’s largest newspaper and magazine publishers has “a profound lack of any functional or meaningful independence from the industry”, a trust associated with Hacked Off claims.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk