Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in contracts, electronic mail, news, rights of way, sale of land by sally

‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’

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Hardwicke Chambers, 15th October 2019

Source: hardwicke.co.uk

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

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Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

Bar Council attacks “overwhelming” handbook updates – Legal Futures

Posted October 31st, 2019 in barristers, news, professional conduct by sally

‘The Bar Council has strongly criticised the Bar Standards Board (BSB) for bombarding barristers with updates to its handbook which risked becoming “overwhelming”.’

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Legal Futures, 31st October 2019

Source: www.legalfutures.co.uk

Thoughts on Advocacy from the Coal Face – a paper – Six Pump Court

Posted October 31st, 2019 in news by sally

‘In a paper entitled “Aristotle and the Three Pillars of Advocacy or a few thoughts on advocacy from the coal face”, Richard Barraclough QC draws on his experience of advocacy and discusses his own principles and methods of effectively presenting a case – both for the defence and the prosecution.’

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Six Pump Court, 4th October 2019

Source: www.6pumpcourt.co.uk

Andrew Griggs: The wife killer who escaped justice for 20 years – BBC News

Posted October 31st, 2019 in domestic violence, missing persons, murder, news, pregnancy, sentencing by sally

‘For 20 years, the disappearance of Debbie Griggs remained a mystery. Two decades later, her husband has been convicted of her murder and jailed for a minimum of 20 years. What changed?’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’

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Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

New Judgment: In the matter of NY (A Child) [2019] UKSC 49 – UKSC Blog

Posted October 31st, 2019 in child abduction, jurisdiction, news, Supreme Court by sally

‘This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

LSB builds case for ‘continuing competence’ push – Legal Futures

‘The Legal Services Board (LSB) has heard calls for regulators to take a more “hands-on” approach to ensuring that lawyers remain competent through their careers.’

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Legal Futures, 31st October 2019

Source: www.legalfutures.co.uk

Insolvency Update – Using winding up procedure to collect a debt: Sell Your Car With Us Ltd v Anil Sareen [2019] EWHC 2332 – Hardwicke Chambers

Posted October 31st, 2019 in debts, insolvency, news, winding up by sally

‘The recent case of Sell Your Car With Us Ltd v Anil Sareen will be of interest to practitioners in Corporate Insolvency as it provides a useful reminder that there is no strict rule that the winding up procedure is inapt for mere debt collection.’

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Hardwicke Chambers, 7th October 2019

Source: hardwicke.co.uk

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

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Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

A Change of Culture: the CJC Working Group report on Low Value Clinical Negligence Claims – No. 5 Chambers

Posted October 31st, 2019 in costs, negligence, news, reports by sally

‘The CJC working group brought together a range of stakeholders with the aim of producing recommendations for the Department for Health and Social Care in relation to fixed recoverable costs (FRC) in low value clinical negligence claims. Broad, but not universal, consensus was reached on most issues. Further consultation by the DHSC is envisaged before a final framework is put in place.’

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No. 5 Chambers, 21st October 2019

Source: www.no5.com

Sammy-Lee Lodwig death: Boyfriend guilty of murder – BBC News

Posted October 31st, 2019 in grievous bodily harm, murder, news by sally

‘A man whose girlfriend was found stabbed to death at his home has been found guilty of her murder.’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Appellant loses High Court challenge over ruling that she was out of time to bring homelessness appeal – Local Government Lawyer

Posted October 31st, 2019 in appeals, homelessness, housing, news, time limits by sally

‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’

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Local Government Lawyer, 30th Octobe 2019

Source: www.localgovernmentlawyer.co.uk

Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in insolvency, leases, news, rent by sally

‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’

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Hardwicke Chambers, 14th October 2019

Source: hardwicke.co.uk

Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers

Posted October 31st, 2019 in employment, equality, news by sally

‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’

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Littleton Chambers, 8th October 2019

Source: www.littletonchambers.com

Diplomatic immunity and the Dunn case – Law Society’s Gazette

Posted October 31st, 2019 in diplomats, immunity, news, road traffic by sally

‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Law banning assisted dying must be reviewed, say MPs – The Guardian

Posted October 31st, 2019 in assisted suicide, news, parliament by sally

‘Cross-party group responds to calls by police chief Ron Hogg, who has motor neurone disease.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers

Posted October 31st, 2019 in energy, injunctions, news, warrants by sally

‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’

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No. 5 Chambers, 23rd October 2019

Source: www.no5.com

Katrice Lee: Woman sentenced for impersonating missing toddler – BBC News

‘A woman who used social media to impersonate a toddler missing for almost 40 years has been handed a suspended jail term.’

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BBC News, 30th October 2019

Source: www.bbc.co.uk