Current Awareness

“The court had an inherent jurisdiction to give such directions as would enable the administrators of a regulated investment firm, holding client money under rules imposing a statutory trust, to put in place a client money distribution procedure for dealing with rejected claims and unknown claims which could provide a degree of certainty and protection and ensure a timely return of client money.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Superstrike Ltd v Rodrigues – WLR Daily

Posted June 18th, 2013 in appeals, deposits, landlord & tenant, law reports by sally

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669; [2013] WLR (D) 235

“Where a tenant had paid a deposit under an assured shorthold tenancy for a fixed term which began before, but ended after, the commencement of section 213 of the Housing Act 2004, the landlord was obliged to deal with the deposit in accordance with an authorised scheme within 14 days of the coming into being of a new statutory periodic tenancy upon expiry of the fixed term; and by virtue of section 215(1) of the 2004 Act, non-compliance with that obligation precluded service by the landlord of a valid notice under section 21 of the Housing Act 1988.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted June 18th, 2013 in appeals, commons, human rights, law reports, local government by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2013] EWCA Civ 673 ; [2013] WLR (D) 234

“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

Posted June 18th, 2013 in appeals, arbitration, foreign jurisdictions, injunctions, law reports, Supreme Court by sally

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35; [2013] WLR (D) 232

“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily

Posted June 18th, 2013 in cautions, human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231

“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Will-writers face jail as new code of practice scheme goes live – Legal Futures

Posted June 18th, 2013 in codes of practice, consumer protection, drafting, news, wills by sally

“Members of the Institute of Professional Willwriters (IPW) who fail to comply with its code of practice face fines or even imprisonment, as a new UK-wide scheme to strengthen self-regulation by setting standards for such codes goes live.”

Full story

Legal Futures, 18th June 2013

Source: www.legalfutures.co.uk

A heavy cost? – New Law Journal

Posted June 18th, 2013 in civil procedure rules, costs, families, news by sally

“David Burrows reviews how LASPO has changed the funding landscape of family litigation.”

Full story

New Law Journal, 17th June 2013

Source: www.newlawjournal.co.uk

Granting alterations licence discharged guarantor from liability, High Court rules – OUT-LAW.com

Posted June 18th, 2013 in landlord & tenant, leases, news by sally

“Granting a licence for alterations without the consent of the guarantor can be enough to discharge the guarantor’s liability under the lease, the High Court has said.”

Full story

OUT-LAW.com, 18th June 2013

Source: www.out-law.com

New CCTV Code of Practice: surveillance and the protection of freedoms – Panopticon

Posted June 18th, 2013 in closed circuit television, codes of practice, local government, news, police by sally

“Surveillance of the covert and digital variety has been dominating the news of late. The legal contours of the practices leaked by Edward Snowden (the NSA’s obtaining of internet metadata) and covered by The Guardian (most recently, GCHQ’s monitoring of certain communications of ‘friendly’ foreign allies) may be matters of some debate.”

Full story

Panopticon, 17th June 2013

Source: www.panopticonblog.com

Consumer codes scheme aims to improve customer confidence – The Guardian

Posted June 18th, 2013 in codes of practice, consumer protection, news by sally

“Rogue traders who break the law by ripping off customers with sub-standard work and shoddy services face unlimited fines and even imprisonment under a UK-wide scheme to improve industry self-regulation.”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Costs budgets – now with sharp teeth. If you want more than your budget, apply – UK Human Rights Blog

Posted June 18th, 2013 in budgets, costs, news by sally

“The Jackson reforms, which are designed to stop lawyers spending too much of their clients’ or their opponents’ money, are still but young, and therefore not yielding much in the way of decided cases. But there were some pilot schemes which are very similar, and this case about one such scheme (in the Technology & Construction Court) is an interesting, and tough, example of why costs budgets must be taken seriously.”

Full story

UK Human Rights Blog, 17th June 2013

Source: www.ukhumanrightsblog.com

The Benefits of Early Plea Discussions – CrimeLine

Posted June 18th, 2013 in fraud, news, plea bargaining, sentencing by sally

“Last month marked the fourth anniversary of the Attorney-General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud (‘the Guidelines’)[1]. They set out the process by which a prosecutor in cases of serious or complex fraud can discuss and agree a basis of plea and joint sentencing submissions with a defendant. When they were promulgated, Baroness Scotland, the then AG said that the Guidelines were designed to help prosecutors resolve fraud cases more effectively to the benefit of the public.”

Full story

CrimeLine, 18th June 2013

Source: www.crimeline.info

Teaching assistant wins case after being sacked over contact with her paedophile son – Daily Telegraph

Posted June 18th, 2013 in compensation, employment tribunals, families, news, teachers, unfair dismissal by sally

“A teaching assistant who was sacked from a primary school after refusing to sever ties with her sex offender son has been awarded £28,300 in compensation.”

Full story

Daily Telegraph, 17th June 2013

Source: www.telegraph.co.uk

A gray new world – LegalVoice

Posted June 18th, 2013 in criminal justice, law firms, legal aid, legal profession, news, select committees, solicitors by sally

“‘This is a derisory document’. Thus, Professor Roger Smith described the MoJ’s paper on Transforming Legal Aid, when he gave evidence to the Select Committee for Justice last Tuesday. The most senior members of the legal profession gave evidence about the potential impact of the proposals. The President of the Law Society, and the chairs of the Bar Council, Criminal Bar Association, and Criminal Law Solicitors Association all agreed that, if the Minister has his way, the criminal justice system will be irreparably harmed. The MoJ plans to introduce these changes by secondary legislation, although more than 90,000 signatories to an e-petition (Save UK Justice) have now called for a full debate in Parliament.”

Full story

LegalVoice, 17th June 2013

Source: www.legalvoice.org.uk

High Court rejects post-trial bid to double costs budget – Litigation Futures

Posted June 18th, 2013 in amendments, budgets, costs, news by sally

“The High Court has rejected a bid by a successful defendant to nearly double its approved £270,000 costs budget after the case had concluded.”

Full story

Litigation Futures, 17th June 2013

Source: www.litigationfutures.com

Call centres in BBC Three programme fined £225,000 – BBC News

Posted June 18th, 2013 in complaints, fines, news, nuisance, telecommunications by sally

“Two companies which appear in BBC Three series The Call Centre have been issued with fines related to nuisance calls.”

Full story

BBC News, 18th June 2013

Source: www.bbc.co.uk

Newham Council loses fight to stop spread of betting shops as court upholds appeal by Paddy Power – The Independent

Posted June 18th, 2013 in appeals, gambling, licensed premises, local government, news by sally

“A council has accused the Gambling Commission of ‘refusing to act as a regulator’ and called for Government action as it loses its battle to curb the spread of betting shops in poorer areas.”

Full story

The Independent, 17th June 2013

Source: www.independent.co.uk

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