Day: 17 January 2013

Steamy windows: Setting the correct temperature for hot tubbing in international arbitrations – Hardwicke Chambers

Posted January 17th, 2013 in arbitration, cross-examination, evidence, expert witnesses, news, tribunals, witnesses by sally

“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted January 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Linuzs & Ors v Latmar Holdings Corporation [2013] EWCA Civ 4 (17 January 2013)

Kennaugh v Jones (t/a Cheshire Tree Surgeons) [2013] EWCA Civ 1 (16 January 2013)

High Court (Queen’s Bench Division)

Cummings & Ors v The Ministry of Justice [2013] EWHC 33 (QB) (17 January 2013)

AKJ & Ors v Commissioner of Police for the Metroplis & Ors [2013] EWHC 32 (QB) (17 January 2013)

One World (GB) Ltd v Elite Mobile Ltd. [2012] EWHC 3706 (QB) (19 December 2012)

Gatt v Barclays Bank Plc & Anor [2013] EWHC 2 (QB) (14 January 2013)

High Court (Administrative Court)

Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 23 (Admin) (17 January 2013)

Knowles & Anor, R (on the application of) v The Secretary Of State for Work And Pensions [2013] EWHC 19 (Admin) (17 January 2013)

South Northamptonshire Council & Anor v Secretary of State for Communities and Local Government & Anor [2013] EWHC 11 (Admin) (16 January 2013)

Parratt, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 17 (Admin) (16 January 2013)

West London Vocational Training College Ltd, R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 31 (Admin) (16 January 2013)

MacArthur & Ors v Secretary of State for Communities and Local Government & Ors [2013] EWHC 3 (Admin) (15 January 2013)

High Court (Chancery Division)

Sarjeant & Ors v Rigid Group Ltd [2012] EWHC 3757 (Ch) (20 December 2012)

Paynter & Anor v Hinch [2013] EWHC 13 (Ch) (17 January 2013)

Rocknroll v News Group Newspapers Ltd [2013] EWHC 24 (Ch) (17 January 2013)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 38 (Ch) (17 January 2013)

National Union of Mineworkers v Scargill [2012] EWHC 3750 (Ch) (21 December 2012)

HFI Farnborough LLP & Ors v Park Garage Group Plc [2013] EWHC 6 (Ch) (11 January 2013)

Ellison v Cleghorn [2013] EWHC 5 (Ch) (14 January 2013)

High Court (Family Division)

Young v Young [2013] EWHC 34 (Fam) (16 January 2013)

High Court (Technology and Construction Court)

Mears Ltd v Shoreline Housing Partnership Ltd [2013] EWHC 27 (TCC) (17 January 2013)

Sear v Kingfisher Builders (a firm) (No 3) [2013] EWHC 21 (TCC) (15 January 2013)

High Court (Commercial Court)

Fortress Value Recovery Fund I LLP v Blue Skye Special Opportunites Fund LP & Ors [2013] EWHC 14 (Comm) (16 January 2013)

Source: www.bailii.org

He who hesitates is lost – Hardwicke Chambers

Posted January 17th, 2013 in case management, lists, news, trials by sally

“Listing hearings can be tricky. You need to find a time the Court can fit you in. You need to squeeze it into your hectic diaries without upsetting other clients who firmly believe that theirs is the only case you have on right now. It needs to be a time that your busy barrister and the other side’s busy barrister can make.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Mainetti UK ordered to pay £81,600 over conveyor worker’s injuries – BBC News

Posted January 17th, 2013 in accidents, costs, fines, health & safety, news by sally

“A firm has been ordered to pay £81,600 after a worker was injured when her hair and scarf became tangled in machinery.”

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BBC News, 17th January 2013

Source: www.bbc.co.uk

OFT to investigate workplace pensions market – The Guardian

Posted January 17th, 2013 in competition, consumer protection, news, pensions by sally

“An investigation into whether millions of members of workplace pensions are getting good value for money has been launched by the Office of Fair Trading (OFT).”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Woman jailed for crying rape to cover up cheating on her husband – Daily Telegraph

Posted January 17th, 2013 in news, perverting the course of justice, rape, sentencing by sally

“A woman who cried rape to cover up cheating on her partner with a taxi driver has been jailed for two years after the infidelity was exposed.”

Full story

Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

Welcome relief? Nationwide v Davisons Solicitors and section 61 of Trustee Act 1925 – Hardwicke Chambers

Posted January 17th, 2013 in fraud, insurance, mortgages, news, trusts by sally

“A topical debate is the extent to which solicitors acting for mortgage lenders (or more precisely, their professional indemnity insurers) should bear the consequences of mortgage fraud.”

Full story

Hardwicke Chambers, 10th January 2013

Source: www.hardwicke.co.uk

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

Full story (PDF)

Tanfield Chambers, 8th January 2013

Source: www.tanfieldchambers.co.uk

Judge to rule on whether police spy case should be held in open – The Guardian

Posted January 17th, 2013 in investigatory powers, misfeasance in public office, news, police, private hearings, tribunals, women by sally

“A high court judge is due to announce on Thursday morning whether police chiefs have won a controversial case involving undercover spies they infiltrated into political campaigns.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

Regina v Nelson (Gary) – WLR Daily

Posted January 17th, 2013 in appeals, assault, law reports by sally

Regina v Nelson (Gary) [2013] WLR (D) 10

“An allegation of assault by beating did not amount to or include, whether expressly or by implication, an allegation of common assault. It would not, therefore, be open to a jury to acquit a defendant of assault by beating but to convict him of common assault, unless the offence of common assault was charged as a separate count in the indictment.”

WLR Daily, 15th January 2013

Source: www.iclr.co.uk

Lillian Ladele is the real loser in Christian discrimination rulings – The Guardian

Posted January 17th, 2013 in employment, human rights, news, registrars, religious discrimination by sally

“It’s good that the ECHR clarified issues about freedom of religion in the UK. But they got it wrong in the case of Ladele.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

Media organisations question Government’s legal basis for copyright reforms – OUT-LAW.com

Posted January 17th, 2013 in bills, copyright, judicial review, media, news by sally

“A number of major media organisations have threatened to launch a legal challenge to proposed new laws affecting the UK’s copyright framework.”

Full story

OUT-LAW.com, 16th January 2013

Source: www.out-law.com

A Time of Change: Solicitors’ Firms in England and Wales – Ministry of Justice

Posted January 17th, 2013 in law firms, legal profession, news, reports, solicitors by sally

“A report setting out findings from a survey of solicitors’ firms commissioned jointly by the Law Society, Legal Services Board and Ministry of Justice.”

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Ministry of Justice, January 2013

Source: www.justice.gov.uk

Confidence trickster who defrauded banks out of £750m faces jail – The Guardian

Posted January 17th, 2013 in banking, fraud, mortgages, news, recidivists, sentencing by sally

“Britain’s most successful serial confidence trickster, Achilleas Kallakis, faces up to 10 years in jail after being found guilty of duping banks out of more than £750m.”

Full story

The Guardian, 16th January 2013

Source: www.guardian.co.uk

Property tycoon is jailed for contempt in divorce row over his ‘missing’ £400m fortune – The Independent

Posted January 17th, 2013 in contempt of court, detention, divorce, fines, news by sally

“‘Penniless’ businessman goes from party to party quaffing champagne, court is told.”

Full story

The Independent, 16th January 2013

Source: www.independent.co.uk

90,000 serial offenders avoided jail last year – Daily Telegraph

Posted January 17th, 2013 in detention, news, recidivists, sentencing by sally

“More than 90,000 of the worst serial offenders avoided jail last year as the numbers soared by a quarter in five years.”

Full story

Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

What a religious discrimination ruling means for local government – The Guardian

Posted January 17th, 2013 in civil partnerships, employment, local government, news, registrars, religious discrimination by sally

“Councils can expect the backing of the legal system if they insist that employees conduct civil partnerships.”

Full story

The Guardian, 16th January 2013

Source: www.guardian.co.uk