How to tell if your joint venture breaks competition law –

Posted June 20th, 2018 in competition, joint ventures, news by sally

‘Joint ventures can vary enormously in terms of their scope and nature and be pro-competitive and justified, but as businesses increasingly look to collaborate to innovate, the agreements are coming in for greater scrutiny from competition authorities.’

Full Story, 18th June 2018


“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules – Litigation Futures

Posted June 20th, 2018 in contracts, drafting, fees, interpretation, news by sally

‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 20th June 2018


“We need to bring judicial bullying into the open,” says Bar Council chair

Posted June 20th, 2018 in bullying, judiciary, news by sally

‘There needs to be a culture of awareness and openness about bullying by judges, the chairman of the Bar Council has said.’

Full Story

Legal Futures, 20th June 2018


Unreasonable behaviour: Owens v Owens highlights that divorce law is no longer fit for purpose – Family Law

Posted June 20th, 2018 in divorce, marriage, news by sally

‘It will come as a surprise to many that the divorce law in England and Wales has not changed during the past 45 years or so despite the numerous social changes which have occurred since then.’

Full Story

Family Law, 19th June 2018


Facebook ordered to explain deleted profile – BBC News

Posted June 20th, 2018 in bereavement, disclosure, identification, internet, news, third parties by sally

‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’

Full Story

BBC News, 19th June 2018


Japanese knotweed nuisance in the light of Waistell and Smith v Line – Hardwicke Chambers

Posted June 20th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Two recent County Court decisions have grappled with the issue of Japanese knotweed (JK) in the context of private nuisance claims between neighbouring landowners. The first was the judgment of Mr Recorder Grubb in Cardiff in respect of two separate actions with a common defendant: Williams v Network Rail Infrastructure Ltd (B20YX969) and Waistell v Network Rail Infrastructure Ltd (B34YJ849) (together Waistell). Still more recent was the judgment of HHJ Carr in Truro in Smith and another v Line (CTR00216) (Smith v Line), which was widely reported, albeit not entirely accurately, in the broadsheet and tabloid newspapers at the time of the hearing.’

Full Story

Hardwicke Chambers, 11th May 2018


Legalising cannabis: What you need to know – BBC News

Posted June 20th, 2018 in drug offences, medicines, news by sally

‘The government has said it will review the use of medicinal cannabis, although recreational usage will still be illegal.’

Full Story

BBC News, 19th June 2018


32Red hit with £2m penalty for sole problem gambler – BBC News

Posted June 20th, 2018 in gambling, money laundering, news, penalties by sally

‘Online gambling operator 32Red has been hit with a £2m penalty for failing to protect a problem gambler.’

Full Story

BBC News, 20th June 2018


Court of Appeal upholds ‘reasonable’ widely-drafted exclusion clause –

Posted June 20th, 2018 in contracts, exclusion clauses, fire, news, unfair contract terms by sally

‘A widely-drafted exclusion clause in the standard terms of a fire protection system provider was not unreasonable, and therefore should be upheld, the Court of Appeal has confirmed.’

Full Story, 19th June 2018


Profession keeps on growing as women form the majority – Law Society’s Gazette

Posted June 20th, 2018 in news, solicitors, statistics, women by sally

‘Ninety-five years after the profession admitted Carrie Morrison, women have overtaken men as a majority of practising solicitors. That is the stand-out finding of the Law Society Annual Statistics Report, which continues to track a trend of long-term and bullish growth.’

Full Story

Law Society's Gazette, 18th June 2018


Widespread blame expected from inquiry into suspicious hospital deaths – The Guardian

Posted June 20th, 2018 in doctors, elderly, hospitals, inquiries, medicines, news by sally

‘A four-year inquiry into the deaths of hundreds of elderly people who were routinely prescribed opioid drugs is expected to say that blame lies not just with the doctor involved but also those who worked with her, failed to monitor her and who failed to investigate – including the government.’

Full Story

The Guardian, 20th June 2018


A treatise in defence of ground rents – Hardwicke Chambers

Posted June 19th, 2018 in leases, news, rent by sally

‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’

Full Story

Hardwicke Chambers, 12th June 2018


Legal professional privilege under attack again (even Donald Trump thinks so!) – Hardwicke Chambers

Posted June 19th, 2018 in legal profession, news, privilege, solicitors by sally

‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’

Full Story

Hardwicke Chambers, 25th May 2018


SCCO refuses latest bid for solicitor’s file as appeal looms – Litigation Futures

Posted June 19th, 2018 in appeals, costs, documents, law firms, news, personal injuries, solicitors by sally

‘The Senior Courts Costs Office (SCCO) has again rejected a bid by a personal injury client for access to their former law firm’s file.’

Full Story

Litigation Futures, 18th June 2018


Opportunistic Conduct and Good Faith – the line that joint venturers may not cross – Hardwicke Chambers

Posted June 19th, 2018 in agreements, contracts, joint ventures, news by sally

‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’

Full Story

Hardwicke Chambers, 16th May 2018


Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

Full Story

Family Law, 18th June 2018


Recent Statutory Instruments –

Posted June 19th, 2018 in legislation by tracey

The Civil Registration Fees (Data-Sharing) Regulations 2018

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018

The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018

The Insolvency of Registered Providers of Social Housing Regulations 2018

The Water Supply (Water Quality) (Amendment) Regulations 2018

The Private Water Supplies (England) (Amendment) Regulations 2018


The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

Full Story

Oxford Human Rights Hub, 18th June 2018


Supreme Court rules on true employment status of a contractor in Pimlico Plumbers case – UK Human Rights Blog

Posted June 19th, 2018 in appeals, employment, news, self-employment, substitution, Supreme Court by sally

‘The Supreme Court has unanimously dismissed Pimlico Plumbers Ltd’s appeal and upheld the Employment Tribunal’s ruling that the Respondent – Mr Smith – a plumbing and heating engineer had been:

(a) a “worker” within the meaning of section 230(3) of the Employment Rights Act 1996;

(b) a “worker” within the meaning of regulation 2(1) of the Working Time Regulations 1998 (SI 1998/1833)

(c) in Pimlico’s “employment” within the meaning of section 83(2)(a) of the Equality Act.’

Full Story

UK Human Rights Blog, 18th June 2018


BAILII: Recent Decisions

Posted June 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371 (18 June 2018)

Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 (15 June 2018)

Axa Insurance UK Plc v Financial Claims Solutions Ltd & Ors [2018] EWCA Civ 1330 (15 June 2018)

Connell, R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1329 (15 June 2018)

SS (Sri Lanka), R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1391 (15 June 2018)

Court of Appeal (Criminal Division)

Rostami v R [2018] EWCA Crim 1383 (19 June 2018)

High Court (Administrative Court)

Parkinson, R (On the Application Of) v HM Senior Coroner for Kent [2018] EWHC 1501 (Admin) (15 June 2018)

High Court (Chancery Division)

TQ Delta LLC v Zyxel Communications UK Ltd & Anor [2018] EWHC 1515 (Ch) (13 June 2018)

Keystone Healthcare Ltd & Anor v Parr & Ors 2018] EWHC 1509 (Ch) (18 June 2018)

Richmond v Selecta Systems Ltd [2018] EWHC 1446 (Ch) (14 June 2018)

High Court (Commercial Court)

Jeddi v Sotheby’s & Ors [2018] EWHC 1491 (Comm) (15 June 2018)

High Court (Patents Court)

Liqwd Inc & Anor v L’Oréal (UK) Ltd & Anor [2018] EWHC 1394 (Pat) (11 June 2018 )

High Court (Queen’s Bench Division)

Warsama & Anor v The Foreign and Commonwealth Office & Ors (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse ) [2018] EWHC 1461 (QB) (15 June 2018)

High Court (Technology and Construction Court)

Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors [2018] EWHC 1494 (TCC) (15 June 2018)