Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

Full story

Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

Fruit machines and Blue Monkeys: can administrators be personally liable for converting ROT goods? – 11 Stone Buildings

Posted June 26th, 2014 in administrators, gambling, insolvency, news, title to goods by sally

‘Administrators are often faced with a large number of retention of title (“ROT”) claims from suppliers who demand a quick adjudication of their claim, frequently on the back of incomplete evidence, and in the days immediately following an appointment when administrators’ resources are stretched. The recent decision Blue Monkey Gaming Ltd v Hudson & others [2014] EWHC (Ch)provides some useful guidance for both administrators and ROT claimants.’

Full story (PDF)

11 Stone Buildings, June 2014

Source: www.11sb.com

A peculiar case of priorities – Hardwicke Chambers

Posted June 26th, 2014 in appeals, banking, land registration, mortgages, news, notification by sally

‘In Bank of Scotland v Joseph [2014] EWCA Civ 28, 1 P & Cr 18, the Court of Appeal was faced with an issue of priority in relation to a unilateral notice. It arose out of a rather curious set of facts.’

Full story

Hardwicke Chambers, 4th June 2014

Source: www.hardwicke.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 26th, 2014 in legislation by sally

The Companies (Striking Off) (Electronic Communications) Order 2014

The Feed-in Tariffs (Amendment) Order 2014

The Requirements for School Food Regulations 2014

The Child Support (Consequential and Miscellaneous Amendments) (No 2) Regulations 2014

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014

The Local Government (Transparency) (Descriptions of Information) (England) Order 2014

The National Health Service Pension Scheme (Amendment No.2) Regulations 2014

The Child Maintenance and Other Payments Act 2008 (Commencement No. 14 and Transitional Provisions) and the Welfare Reform Act 2012 (Commencement No. 18 and Transitional and Savings Provisions) Order 2014

The Pensions Act 2004 (Commencement No. 15) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 26th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Ferdinand & Ors v R [2014] EWCA Crim 1243 (20 June 2014)

Court of Appeal (Civil Division)

Nelson v Wood [2014] EWCA Civ 869 (24 June 2014)

Pike v HM Revenue and Customs [2014] EWCA Civ 824 (20 June 2014)

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) [2014] EWCA Civ 855 (24 June 2014)

Baradaran, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 854 (24 June 2014)

High Court (Administrative Court)

Hayes, R (on the application of) v Wychavon District Council & Anor [2014] EWHC 1987 (Admin) (24 June 2014)

Director of Public Prosecutions, R (on the application of) v Sheffield Crown Court & Ors [2014] EWHC 2014 (Admin) (20 June 2014)

Shabhaz, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2038 (Admin) (20 June 2014)

FCC Environment v (1) Secretary of State for Communities And Local Government (2) East Riding of Yorkshire Council [2014] EWHC 2035 (Admin) (23 June 2014)

LM & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2015 (Admin) (20 June 2014)

Lark Energy Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2006 (Admin) (20 June 2014)

Paolo, R (on the application of) v City of London Magistrates Court [2014] EWHC 2011 (Admin) (20 June 2014)

NS & Ors, R (On the Application Of) v Secretary of State for Home Department [2014] EWHC 1971 (Admin) (20 June 2014)

Goodwin v Health and Care Professions Council [2014] EWHC 1897 (Admin) (20 June 2014)

Source: www.bailii.org

Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

Full story

Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

Full story

OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Andy Coulson trial: jurors fail to reach verdicts on remaining charges – The Guardian

‘The trial of Andy Coulson has ended after the jury failed to reach majority verdicts on two remaining counts that he conspired to commit misconduct in public office by paying public officials for the acquisition of royal phone books.’

Full story

The Guardian, 25th June 2014

Source: www.guardian.co.uk

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

Full story

UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Payout over Amy Carter’s hospital death – BBC News

Posted June 26th, 2014 in compensation, hospitals, news by sally

‘The parents of a Worcestershire 15-year-old who died from septicaemia have said they feel “bitterly disappointed” a hospital trust has not fully accepted responsibility for her death.’

Full story

BBC News, 26th June 2014

Source: www.bbc.co.uk

Top judges raise concern over plan to restrict judicial review challenges – The Guardian

Posted June 26th, 2014 in bills, human rights, judges, judicial review, news, select committees by sally

‘Restrictions on judicial review challenges may be motivated more by a desire to avoid political embarrassment than the need to save money, a senior judge has suggested.’

Full story

The Guardian, 25th June 2014

Source: www.guardian.co.uk

EVENT: IALS – Hamlyn Seminar: The Common Law Constitution

Posted June 25th, 2014 in Forthcoming events by sally

‘This seminar will launch the publication of the 2013 series of Hamlyn Lectures on The Common Law Constitution.

The Rt Hon Lord Justice Laws, Lord Justice of Appeal.

Discussants: Professor Trevor Allan, Professor Paul Craig, Professor Mark Hill QC.

Chair: Sir Stephen Sedley.’

Date: 16th July 2014, 4.00-6.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: Gresham College – Human Rights: Philosophy and History

Posted June 25th, 2014 in Forthcoming events by sally

‘The philosophical and historical development of what may be regarded as essential human rights will be traced. It is essential to understand this development before criticising – or complaining about – modern Human Rights law.

Speaker: Professor Sir Geoffrey Nice QC.’

Date: 15th October 2014, 6.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

Children: Private Law Update – Family Law Week

Posted June 25th, 2014 in children, divorce, families, news by sally

‘Alex Verdan QC of 4 Paper Buildings considers recent judgment in private law children cases.’

Full story

Family Law Week, 25th June 2014

Source: www.familylawweek.co.uk

Policing Social Media – BBC Law in Action

Posted June 25th, 2014 in bullying, harassment, internet, news, podcasts, police by sally

‘Cases of cyber-bullying on social media are becoming more and more common – and the police are often the first to hear about them. On this week’s Law in Action, Joshua Rozenberg asks just how much time are the police spending on dealing with social media disputes?’

Listen

BBC Law in Action, 24th June 2014

Source: www.bbc.co.uk

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) – Supreme Court

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) [2014] UKSC 38 (YouTube)

Supreme Court, 25th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Unified Patent Court Consultation – NIPC Law

Posted June 25th, 2014 in consultations, courts, news, patents by sally

‘As I said in How the Intellectual Property Act 2014 changes British Patent Law 21 June 2014 JD Supra, the most important provision of the Intellectual Property Act 2014 is s.17 which inserts a new s.88A into the Patents Act 1977. That section confers power on the Secretary of State to make provision in the UK for the Agreement on a Unified Patent Court.’

Full story

NIPC Law, 25th June 2014

Source: www.nipclaw.blogspot.co.uk

Barrister to be disbarred for dishonesty – Bar Standards Board

Posted June 25th, 2014 in barristers, disciplinary procedures, dismissal, news by sally

‘A barrister who lied about her employment status and history, with the intention of gaining financially, was last week ordered by an independent disciplinary tribunal to be disbarred from the profession.’

Full story

Bar Standards Board, 24th June 2014

Source: www.barstandardsboard.org.uk

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) – WLR Daily

Posted June 25th, 2014 in Crown, fisheries, law reports by sally

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) [2014] EWCA Civ 846; [2014] WLR (D) 280

‘A presumed lost grant from the Crown prior to 1189 of a right of private fishery was to be understood as extending to all such part of the seabed as might from time to time be exposed at low water.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Dawson v Thomson Airways Ltd – WLR Daily

Posted June 25th, 2014 in airlines, carriage by air, compensation, delay, EC law, law reports, limitations by sally

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845; [2014] WLR (D) 279

‘The limitation period applicable to a claim brought in England for compensation for cancellation or delay under articles 5 and 7 of Parliament and Council Regulation (EC) No 261/2004 was the six-year period prescribed by section 9 of the Limitation Act 1980.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk