‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’
Litigation Futures, 13th March 2014
Source: www.litigationfutures.com
‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’
Legal Futures, 13th March 2014
Source: www.legalfutures.co.uk
‘This review aims to identify properly the reasons for ex-Service personnel ending up in the justice system and how support can be improved.’
Ministry of Justice, 13th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Mr Bentham was no great admirer of the judiciary. He once said “the same fungus, which when green, is made into Bar, is it not, when dry, made into Bench?” He distrusted the judges. When drafting a “New Plan for the organisation of the Judicial Establishment in France” in the 1820s, he was adamant that judges should not be permitted to legislate: “Appointed for the express purpose of enforcing obedience to the laws, their duty is to be foremost in obedience. Any attempt on the part of the judge to frustrate or unnecessarily to retard the efficacy of what he understands to have been the decided meaning of the legislature, shall be punished with forfeiture of his office.” ‘
Judiciary of England and Wales, 12th March 2014
Source: www.judiciary.gov.uk
‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’
Halsbury’s Law Exchange, 12th March 2014
Source: www.halsburyslawexchange.co.uk
‘The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change. In their report published on 27 February 2014, the Law Commission recommended the introduction of legally binding “qualifying nuptial agreements”. The report, Matrimonial Property Needs and Agreements, includes a draft bill which would bring pre-nups into law.’
Halsbury’s Law Exchange, 11th March 2014
Source: www.halsburyslawexchange.co.uk
The Insolvency Proceedings (Fees) (Amendment) Order 2014
The Child Maintenance and Other Payments Act 2008 (Commencement No. 13) Order 2014
The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2014
The Competition and Markets Authority (Penalties) Order 2014
The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2014
The Housing Benefit (Habitual Residence) Amendment Regulations 2014
The Air Navigation (Amendment) Order 2014
The Transfer of Functions (Royal Mail Pension Plan) Order 2014
The Prevention of Oil Pollution (Convention Countries) (Revocation) Order 2014
The Patents (Amendment) Rules 2014
The Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2014
The Guaranteed Minimum Pensions Increase Order 2014
Source: www.legislation.gov.uk
‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’
WLR Daiily, 12th March 2014
Source: www.iclr.co.uk
‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Supreme Court
Dunhill v Burgin [2014] UKSC 18 (12 March 2014)
Court of Appeal (Civil Division)
Duce v Worcestershire Acute Hospitals NHS Trust [2014] EWCA Civ 249 (12 March 2014)
Evans, R (on the application of) v HM Attorney General & Anor [2014] EWCA Civ 254 (12 March 2014)
Johnson v Warburtons Ltd [2014] EWCA Civ 258 (12 March 2014)
Southend-On-Sea Borough Council v Armour [2014] EWCA Civ 231 (12 March 2014)
Evans v The Information Commissioner & Ors [2014] EWCA Civ 253 (12 March 2014)
High Court (Commercial Court)
Newland Shipping and Forwarding Ltd v Toba Trading FZC [2014] EWHC 661 (Comm) (12 March 2014)
Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm) (12 March 2014)
High Court (Queen’s Bench Division)
Stevens v Equity Syndicate Management Ltd [2014] EWHC 689 (QB) (12 March 2014)
Source: www.bailii.org
‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, considers the ongoing changes to the Child Support Act system.’
Family Law Week, 12th March 2014
Source: www.familylawweek.co.uk
‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’
BBC News, 13th March 2014
Source: www.bbc.co.uk
‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’
The Guardian, 13th March 2014
Source: www.guardian.co.uk
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