Month: May 2013
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Mellor & Ors v Partridge & Anor [2013] EWCA Civ 477 (03 May 2013)
High Court (Family Division)
IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam) (14 May 2013)
High Court (Administrative Court)
Public Safety Charitable Trust v Milton Keynes Council [2013] EWHC 1237 (Admin) (14 May 2013)
High Court (Patents Court)
Swarovski-Optik KG v Leica Camera AG & Anor [2013] EWHC 1227 (Pat) (10 May 2013)
Source: www.bailii.org
EVENT: LSE – Legal Biography Project, In Conversation with Dame Heather Hallett
“The Rt. Hon Lady Justice Hallett has been a Court of Appeal Judge since 2005, was the first woman to chair the Bar Council and is currently a member of the Judicial Appointments Commission. We are delighted to welcome Dame Heather to the LSE to be interviewed about her life and career. The interview will be conducted by Professor Linda Mulcahy and is open to staff, students and the public.”
Date: Tuesday 21st May 2013
Location: New Theatre, East Building, LSE
Charge: Free event
More information can be found here.
Mental Impairment – Identifying the signs – One Inner Temple Lane
“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”
One Inner Temple Lane, 8th May 2013
Source: www.1itl.com
Cricket disciplinary appeal is an Arbitration – Sports Law Bulletin from Blackstone Chambers
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
EVENT: IALS – Showcasing Legal Education Research
“The Legal Education Research Network (LERN) is delighted to announce this half day event on 23rd May 2013 at the Insitute of Advanced Legal Studies, London to showcase the research carried out by previous LERN grant winners and to launch the 2013 LERN grants. This is an important opportunity to find out more about research into legal education, see examples of work being done and to get information on how to apply for a grant yourself.
Date: 23rd May 2013, 12.00-5.00pm
Location: Institute of Advanced Legal Studies
Charge: £30
More information can be found here.
Career threatening injury in professional sport: 6 key points about insurance – Littleton Chambers
“The tackle which goes wrong, the tendon which snaps, the heart condition which suddenly rears its head; few things are dreaded by professional sportspeople and their clubs as much as a career threatening injury or illness. Many put worry at the back of their minds by the thought that they have ‘insurance.'”
Full story (PDF)
Littleton Chambers, 9th May 2013
Source: www.littletonchambers.com
EVENT: Modern Law Review 2013 Chorley Lecture – The Challenge of Executive Democracy in Europe
“The recent response of supranational and national executives to challenges such as global security threats and the Eurocrisis prompts a fresh look at fundamental issues of (representative) democracy in Europe. First, the compound nature of the European Union continues to link supranational democracy closely with the functioning of national democracies. Second, the democratic challenge is accentuated by the acceleration of power exercised by the supranational executive including the (new) tasks of a growing array of institutions, agencies and other executive actors. Finally, secrecy and fragmentation of powers and responsibilities hinders public debate and democratic accountability. All of this may be indicative of an unbound executive beyond the reach of supranational and national democracy.”
Date: Tuesday 4th June 2013, 6.00-7.00pm
Location: Shaw Library, Old Building, London School of Economics and Political Science
Charge: Free event, RSVP by Monday 27 May to Bradley Barlow, LSE (b.barlow@lse.ac.uk)
More information is available here.
EVENT: LSE – The Government’s Proposals on Legal Aid: The Client, The Lawyer and The Rule of Law Town Hall Meeting
“What do the government’s legal aid proposals mean for access to justice and the rule of law? This meeting, which is being organised by LSE with the support of Matrix Chambers, will consider the proposals for civil legal aid and public law, set out in the consultation paper Transforming legal aid: delivering a more credible and efficient system. It is aimed at all those with an interest in the proper functioning of the public law system, including politicians, judges, academics, solicitors, barristers, client groups, and the media. It will look in particular at cases that will not be capable of being brought under the new proposals, whether because they will fail the proposed residence test (which would exclude a great many of the major cases of the last few years) or the prison law scope test; but it will also and more generally assess the viability of specialist public law practice in the future.”
Date: Monday 20 May 2013, 6.30-8.30pm
Location: London School of Economics, Sheikh Zayed Theatre, New Academic Building
Charge: Free event
More information can be found here.
High Court Litigation Commercial Bargains and The Common Law – 11 KBW
“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial and employment law meet and many of the cases turn on resolving the tension between a bargain struck between commercial men and the portmanteau term of trust and confidence. That tension presents an opportunity for the creative advisor and a pitfall for the unwary”
Full story (PDF)
11 KBW, 10th May 2013
Source: www.11kbw.com
Court of Appeal dismisses leasehold enfranchisement claim on mixed-use property – OUT-LAW.com
“The Court of Appeal has dismissed a claim for leasehold enfranchisement by the occupiers of a mixed-use property, ruling that the property, part of which had been converted into a flat against the landlord’s wishes, was not a ‘house reasonably so called.”
OUT-LAW.com, 14th May 2013
Source: www.out-law.com
Solvent or insolvent: the Supreme Court lays down the test for s123 of IA 1986 – 11 Stone Buildings
“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”
Full story (PDF)
11 Stone Buildings, 13th May 2013
Source: www.11sb.com
Obtaining cost orders against solicitors – 4 New Square
“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”
Full story (PDF)
4 New Square, 14th May 2013
Source: www.4newsquare.com
HMRC ‘names and shames’ more deliberate tax defaulters – OUT-LAW.com
“Details of fines included on a second public list of tax defaulters shows that HM Revenue and Customs (HMRC) is ‘cracking down harder than ever before’ on businesses and individuals that deliberately underpay tax, an expert has said.”
OUT-LAW.com, 15th May 2013
Source: www.out-law.com
Are we headed for the Legal Services Act 2015? – Legal Futures
“Yesterday’s announcement that Lord Chancellor Chris Grayling had rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity was not a total shock.”
Legal Futures, 15th May 2013
Source: www.legalfutures.co.uk
Being civil – NearlyLegal
“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”
NearlyLegal, 14th May 2013
Source: www.nearlylegal.co.uk
Government says ‘no’ to will-writing regulation – Legal Futures
“The government has today rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity.”
Legal Futures, 14th May 2013
Source: www.legalfutures.co.uk
Undermine Legal Aid and you put our entire justice system at risk – The Independent
“Now top legal talent will find the prospect of working in criminal courts less attractive.”
The Independent, 14th May 2013
Source: www.independent.co.uk
Divorcee keeps £100,000 pension overpayment in ‘David v Goliath’ victory – Daily Telegraph
“A woman who received almost £100,000 too much from a pension company will keep the money, an ombudsman has decided.”
Daily Telegraph, 14th May 2013
Source: www.telegraph.co.uk
100 witnesses to be called for inquest into death of Jimmy Mubenga, who struggled with guards as he was being deported – The Independent
“Inquiry expected to look at the restraint techniques authorised by G4S as well as the UK Border Agency.”
The Independent, 14th May 2013
Source: www.independent.co.uk
