“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”
Zenith Chambers, 5th November 2013
Source: www.zenithchambers.co.uk
“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”
Zenith Chambers, 28th October 2013
Source: www.zenithchambers.co.uk
“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”
No. 5 Chambers, 7th November 2013
Source: www.no5.com
“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”
Hardwicke Chambers, 8th November 2013
Source: www.hardwicke.co.uk
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”
Littleton Chambers, 11th November 2013
Source: www.littletonchambers.com
“The High Court has rejected claims for a judicial review of the so-called ‘benefit cap’. Its judgment brings to an end – for the time being at least – speculation about the lawfulness of one of the Government’s most controversial welfare reforms and comes just months after the High Court rejected similar claims for a judicial review of the Social Sector Size Criteria, or so-called ‘bedroom tax’.”
Hardwicke Chambers, 6th November 2013
Source: www.hardwicke.co.uk
“The serving of a bad or defective notice has produced a wealth of litigation over the years. The fact that no-one has been misled, confused or in any way disadvantaged has never deterred those who want to take the point, particularly where the stakes are high. And, they are usually not higher where commercial leases are concerned and the tenant wants to break the lease. Where there may be grotesquely disproportionate and serious consequences for the party (or its adviser) who gets it wrong, a range of different responses has evolved in order for the courts to produce a more just outcome.”
Hardwicke Chambers, 4th November 2013
Source: www.hardwicke.co.uk
“The Court of Appeal’s decision (11 October 2013) in Coppage v Safety Net Security to uphold as reasonable and enforceable a 6 month non-solicitation restrictive covenant is surprising because of the fact that the covenant covered all customers during the period of Mr Coppage’s employment. In modern times the general advice had been that such covenants should be restricted to those who had been customers in a fixed period prior to termination (‘look back’ requirement) and to be confined to those with whom the employee had had personal dealings.”
Hardwicke Chambers, 21st October 2013
Source: www.hardwicke.co.uk
“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”
11 Stone Buildings, November 2013
Source: www.11sb.com
“At least £29million is being made available to Police and Crime Commissioners and charities to help deliver Restorative Justice for victims over the coming three years, Justice Minister Damian Green has announced.”
Ministry of Justice, 19th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
From judicial outrage to sliding scales – where next for Wednesbury? (PDF)
Lord Carnwath
ALBA Annual Lecture, 12th November 2013
Source: www.supremecourt.gov.uk
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
PBD & Anor v Greater Manchester Police [2013] EWHC 3559 (QB) (18 November 2013)
High Court (Chancery Division)
Barratt & Ors v Treatt Plc [2013] EWHC 3561 (Ch) (15 November 2013)
High Court (Family Division)
A v A [2013] EWHC 3554 (Fam) (07 November 2013)
High Court (Administrative Court)
High Court (Technology and Construction Court)
High Court (Commercial Court)
Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [2013] EWHC 3560 (Comm) (15 November 2013)
Source: www.bailii.org
“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”
UK Human Rights Blog, 18th November 2013
Source: www.ukhumanrightsblog.com
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
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