Service charge consultation becomes an even larger elephant trap (The Chancellor’s valedictory hand grenade) – Hardwicke Chambers
“On 21 December 2012, Sir Andrew Morritt, then Chancellor of the High Court, handed down judgment in Phillips & Goddard v Francis & Francis [2012] EWHC 3650 (Ch), a case which has dramatic ramifications for residential landlords and managing agents. The state of the legislation and its most recent judicial interpretation will see landlords bogged down in consultations and applications for dispensation, and at risk of being unable to recover legitimate expenditure. ”
Hardwicke Chambers, 30th January 2013
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tayeh v Barchester Healthcare Ltd [2013] EWCA Civ 29 (06 February 2013)
Situ Ventures Ltd v Bonham -Carter & Anor [2013] EWCA Civ 47 (07 February 2013)
A (A Child), Re [2013] EWCA Civ 43 (06 February 2013)
Knox D’arcy Operations Ltd & Anor v Manches LLP [2013] EWCA Civ 33 (07 February 2013)
High Court (Queen’s Bench Division)
Santander UK Plc v Harrison & Anor [2013] EWHC 199 (QB) (07 February 2013)
Duke v The University of Salford [2013] EWHC 196 (QB) (06 February 2013)
Barons Finance Ltd & Anor v Makanju [2013] EWHC 153 (QB) (06 February 2013)
High Court (Chancery Division)
Andre & Anor v Clydesdale Bank Plc [2013] EWHC 169 (Ch) (01 February 2013)
High Court (Administrative Court)
High Court (Family Division)
VK v JV [2012] EWHC 4033 (Fam) (26 November 2012)
High Court (Commercial Court)
Emailgen Systems Corp v Exclaimer Ltd & Anor [2013] EWHC 167 (Comm) (07 February 2013)
High Court (Patents Court)
Dupont Nutrition Biosciences ApS v Novozymes A/S [2013] EWHC 155 (Pat) (07 February 2013)
Source: www.bailii.org
First use of power to strike out following Summers v Fairclough – Hardwicke Chambers
“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”
Hardwicke Chambers, 31st February 2013
Source: www.hardwicke.co.uk
The “Band of Reasonable Responses” Test in Unfair Dismissal – Littleton Chambers
“Judicial guidance regarding the meaning and application of s.98(4) of the Employment Rights Act 1996 in the context of misconduct dismissals is well settled and familiar.”
Littleton Chambers, 7th February 2013
Source: www.littletonchambers.com
Royal College of Surgeons publishes landmark document on professional standards for cosmetic practice – Hardwicke Chambers
“The Royal College of Surgeons (RCS) has published a landmark document setting out professional standards for cosmetic practice, addressing the widespread lack of regulation of all aspects of the industry.”
Hardwicke Chambers, 29th January 2013
Source: www.hardwicke.co.uk
Vexatious and manifestly unreasonable requests: definitive guidance from the Upper Tribunal – Panopticon
“Public authorities often have cause to consider whether to treat requests for information as vexatious (section 14 of FOIA) or manifestly unreasonable (regulation 12(4)(b) of the EIR). Precise definitions of those terms are difficult to pin down. They are not supplied by legislation. There is no binding authority from appellate courts or tribunals on their meaning in the information rights context. The Information Commissioner’s guidance is long-standing, but First-Tier Tribunals vary in the extent to which they use that guidance.”
Panopticon, 7th February 2013
Source: www.panopticonblog.com
Surveying the Landscape: Recent Negligent Valuation Claims – Littleton Chambers
In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.
Littleton Chambers, 4th February 2013
Source: www.littletonchambers.com
Sellafield to be prosecuted for sending radioactive waste to wrong disposal site – The Guardian
“Environment Agency takes nuclear firm to court after waste went to landfill instead of Drigg site.”
The Guardian, 7th February 2013
Source: www.guardian.co.uk
Trial by Google? Juries, social media and the internet – Attorney General’s Office
“Attorney General Dominic Grieve QC MP speaks of the challenge to jury trial posed by the internet. Originally given at University of Kent.”
Attorney General’s Office, 6th February 2013
Source: www.gov.uk/ago
Crime statistics for England & Wales: violent crime and sexual offences – The Guardian
“2.1m violent incidents were recorded in 2011/12 by the Crime Survey for England and Wales. See what the latest figures say.”
The Guardian, 7th February 2013
Source: www.guardian.co.uk
Enhanced redundancy payments to older workers were justified, says tribunal – OUT-LAW.com
“Enhanced redundancy payments made to workers over the age of 35 were not discriminatory because they reflected the extra problems older workers face when losing their jobs, a tribunal has said.”
OUT-LAW.com, 7th February 2013
Source: www.out-law.com
Police using discreet car surveillance cameras to be forced to put up signs – The Guardian
“Police forces who use discreet car surveillance camera systems will have to put up warning signs on major routes into their areas as a result of moves to regulate the use of CCTV cameras.”
The Guardian, 7th February 2013
Source: www.guardian.co.uk
The violence behind closed doors – BBC News
“New figures published on Thursday offer a chilling insight into the violence and abuse that goes on behind closed doors. According to the data, two million people in England and Wales suffered sexual assault, violence, threats or abuse at the hands of a partner or family member last year.”
BBC News, 7th February 2013
Source: www.bbc.co.uk
Killer who murdered passerby was released without going before mental health tribunal – Daily Telegraph
“A woman who killed her mother was freed under a secret fast-track process and went on to murder a stranger in the street.”
Daily Telegraph, 8th February 2013
Source: www.telegraph.co.uk
UK law is a booming export but at home crime work doesn’t pay – The Guardian
“While financial law mushrooms, legal aid cuts are threatening basic access to the system and the future of high street solicitors.”
The Guardian, 7th February 2013
Source: www.guardian.co.uk
New cases mean hacking scandal is far from over – The Independent
“Rupert Murdoch’s hopes of drawing a line under the financially toxic phone-hacking scandal will be derailed in the High Court on Friday when details of more hacking victims are announced.”
The Independent, 7th February 2013
Source: www.independent.co.uk
FSA orders tests of processed beef after horsemeat is found in Findus lasagne – The Guardian
“The Food Standards Agency has ordered companies to test their processed beef products after analysis of lasagne made by Findus found up to 100% of the meat came from horses.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
Command Papers – official-documents.gov.uk
Intelligence and Security Committee: Access to communications data by the intelligence and security Agencies, Cm 8514 (PDF)
Treasury Minutes, Cm 8539 (PDF)
Banking reform: a new structure for stability and growth, Cm 8545 (PDF)
Source: www.official-documents.gov.uk
