Easter Break
There will be no posts over the Easter weekend (Friday 18th April – Monday 21st April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 22nd April.
Day: 17 April 2014
Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe – Family Law Week
‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’
Family Law Week, 17th April 2014
Source: www.familylawweek.co.uk
Higher value commercial court cases will not be brought into costs regime retrospectively, says rule committee – OUT-LAW.com
‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’
OUT-LAW.com, 17th April 2014
Source: www.out-law.com
Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily
‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
JP v NP – WLR Daily
JP v NP: [2014] EWHC 1101 (Fam); [2014] WLR (D) 172
‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’
WLR Daily, 9th April 2014
Source: www.iclr.co.uk
Greenclose Ltd v National Westminster Bank plc – WLR Daily
Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch); [2014] WLR (D) 173
‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’
WLR Daily, 14th April 2014
Source: www.iclr.co.uk
Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily
‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’
WLR Daily, 14th April 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dowling & Ors v Bennett Griffin [2014] EWCA Civ 473 (16 April 2014)
Pitalia & Anor v The National Health Service Commissioning Board [2014] EWCA Civ 474 (16 April 2014)
DB Group Services (UK) Ltd v Revenue And Customs [2014] EWCA Civ 452 (16 April 2014)
Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504 (16 April 2014)
Calvert & Ors v Cruddas [2014] EWCA Civ 476 (16 April 2014)
Jafri v Lincoln College [2014] EWCA Civ 449 (16 April 2014)
Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)
Kazakhstan Kagazy Plc & Ors v Maksat Askaruly Arip [2014] EWCA Civ 381 (16 April 2014)
Court of Appeal (Criminal Division)
Gomes Monteiro & Ors, R v [2014] EWCA Crim 747 (16 April 2014)
High Court (Administrative Court)
Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (Admin) (16 April 2014)
High Court (Chancery Division)
US Bank Trustees Ltd v Titan Europe 2007-1 (NHP) Ltd & Ors [2014] EWHC 1189 (Ch) (16 April 2014)
High Court (Commercial Court)
Stein v Chodiev & Ors [2014] EWHC 1201 (Comm) (16 April 2014)
High Court (Queen’s Bench Division)
Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB) (16 April 2014)
Aspinall v Secretary of State for Health [2014] EWHC 1217 (QB) (16 April 2014)
Stephens McBride Piercy Taylor Ltd v McBride [2014] EWHC 1231 (QB) (16 April 2014)
Merlin Financial Consultants Ltd v Cooper [2014] EWHC 1196 (QB) (16 April 2014)
Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB) (16 April 2014)
Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)
NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)
Source: www.bailii.org
‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette
‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’
Law Society’s Gazette, 17th April 2014
Source: www.lawgazette.co.uk
Family head clamps down on care time limit, but hails pioneering court – Law Society’s Gazette
‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’
Family Law Week, 16th April 2014
Source: www.lawsocietygazette.co.uk
Is Time Running Out For Section 20 of The Children Act? – Family Law Week
‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’
Family Law Week, 16th April 2014
Source: www.familylawweek.co.uk
A Family Justice System Fit for Families – Family Law Week
‘Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.’
Family Law Week, 16th April 2014
Source: www.familylawweek.co.uk
Divorce myths to be dispelled – Ministry of Justice
‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’
Ministry of Justice, 17th April 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Man jailed for breaching terror order – BBC News
‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’
BBC News, 16th April 2014
Source: www.bbc.co.uk
A third of immigration arrests lead to deportation – BBC News
‘Just over a third of immigration arrests following tip-offs from the public resulted in deportation in 2013, the Home Office has revealed.’
BBC News, 16th April 2014
Source: www.bbc.co.uk
Lord Chief Justice steps into Strasbourg row – Daily Telegraph
‘Lord Thomas of Cwmgiedd urges European Court of Human Rights to leave terror extradition decisions to British courts.’
Daily Telegraph, 16th April 2014
Source: www.telegraph.co.uk
Impose tougher sentences for knife crimes, says top judge – Daily Telegraph
‘The most senior judge in England and Wales has called on magistrates to impose tougher sentences for youths who carry knives.’
Daily Telegraph, 16th April 2014
Source: www.telegraph.co.uk
Law Society urges people to leave instructions for their digital legacy – The Guardian
‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’
The Guardian, 16th April 2014
Source: www.guardian.co.uk
