Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)

In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

Philosophy, theology and service provision change – Hardwicke Chambers

Posted December 4th, 2012 in employment, employment tribunals, news, transfer of undertakings by sally

“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

An Analysis of Employment Injunctions in 2011/12: are applicants slipping on their own banana skins? – Littleton Chambers

Posted December 4th, 2012 in compensation, employment, injunctions, news by sally

“Although there is no data available to establish the actual figures, it is a truism that only a small proportion of cases in which applications are made for interim employment injunctions culminate in a trial.”

Full story (PDF)

Littleton Chambers, December 2012

Source: www.littletonchambers.com

Drawing the Fault Line: Multiple Tortfeasors and Intervening Acts – Cloisters

Posted December 4th, 2012 in assault, causation, negligence, news, personal injuries, prosecutions, third parties by sally

“It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which
may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim
and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.”

Full story (PDF)

Cloisters, November 2012

Source: www.cloisters.com

Privacy in the 21st Century – Lord Neuberger

Posted December 4th, 2012 in freedom of expression, news, privacy, speeches by sally

Privacy in the 21st Century (PDF)

Lord Neuberger

UK Association of Jewish Lawyers and Jurists’ Lecture, 28th November 2012

Source: www.supremecourt.gov.uk

SodaStream to seek legal advice after ad ban appeal fails – The Guardian

Posted December 4th, 2012 in advertising, appeals, news by sally

“SodaStream is to seek legal advice after failing to get its £11m ad campaign on UK television, with the regulator understood to have rejected its appeal against a ruling it ‘denigrates’ the bottled drinks industry.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

School teaching assistant Emma Webb jailed for pupil sex offences – BBC News

Posted December 4th, 2012 in news, school children, sentencing, sexual grooming, sexual offences, teachers by sally

“A school teaching assistant who had sex with teenage pupils after grooming them on Facebook and sending them indecent text messages has been jailed.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Ashfield teenage prisoners to begin legal battle – BBC News

Posted December 4th, 2012 in detention, judicial review, news, prisons, punishment, young offenders by sally

“Seven teenagers who claim they were punished unlawfully will begin a legal battle against a Bristol prison later.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

Norwich Castle rhino horn theft bid: Man jailed – BBC News

Posted December 3rd, 2012 in attempts, news, sentencing, theft by sally

“A 29-year-old man from east London has been jailed for 18 months over the attempted theft of a rhino horn from Norwich Castle Museum.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Mengi v Hermitage [2012] EWHC 3445 (QB) (30 November 2012)

High Court (Chancery Division)

Chauvidul- AW v Phongphongsavat & Anor [2012] EWHC 3224 (Ch) (23 November 2012)

Arnold v Britton & Ors [2012] EWHC 3451 (Ch) (03 December 2012)

Source: www.bailii.org

Leveson isn’t a threat to human rights – not adopting his proposals would be – The Guardian

Posted December 3rd, 2012 in freedom of expression, human rights, media, news, privacy, reports by sally

“Comments attributed to Shami Chakrabarti of Liberty are the kind of nonsense that give human rights a bad name.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted December 3rd, 2012 in parliamentary papers by sally

Government Response to the House of Commons Energy and Climate Change Select Committee Report into the draft Energy Bill, Cm 8504 (PDF)

Electricity Demand Reduction: Consultation on options to encourage permanent reductions in electricity use, Cm 8492 (PDF)

Annual Energy Statement 2012, Cm 8456 (PDF)

Energy Security Strategy, Cm 8466 (PDF)

Electricity Market Reform: policy overview, Cm 8498 (PDF)

Government Response to the Justice Committee’s Report: Post-legislative scrutiny of the Freedom of Information Act 2000, Cm 8505 (PDF)

Source: www.official-documents.gov.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

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Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Couple sue for IVF in landmark ‘age discrimination’ case – Daily Telegraph

Posted December 3rd, 2012 in age discrimination, assisted reproduction, health, medical treatment, news by sally

“A childless couple who have been refused NHS fertility treatment are suing Jeremy Hunt, the Health Secretary, for age discrimination in a landmark legal case.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

New code of practice for disclosure of datasets under FOI proposed – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, disclosure, freedom of information, news by sally

“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk