‘The NHS’s largest hospital trust in England is being put into special measures after inspectors uncovered an array of serious problems at one of its hospitals, including poor A&E care, a lack of staff, poor morale and a culture of bullying and harassment.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’
Cloisters, 9th March 2015
Source: www.cloisters.com
‘The recent decision of Mr Justice Edis in DavisonSebry v Companies House and the Registrar of Companies [2015] EWHC 115 (QB) has highlighted how, in the interconnected age of the internet, the careless click of a mouse button can have incredibly far-reaching consequences and abruptly destroy the business of a successful company. The unusual facts would suggest that further cases against the Registrar (against whom judgment was entered) would be unlikely, not least because the reporting procedures are bound to be tightened up.’
Full story (PDF)
New Square Chambers, February 2015
Source: www.newsquarechambers.co.uk
‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’
Cloisters, 10th February 2015
Source: www.cloisters.com
‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’
Cloisters, 3rd February 2015
Source: www.cloisters.com
‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’
Full story (PDF)
11 Stone Buildings, February 2014
Source: www.11sb.com
‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’
11KBW, 11th March 2015
Source: www.11kbw.com
‘In this article, 5RB‘s Adrienne Page QC discusses what section 1 Defamation Act 2013 means in practice, and how it may affect both claimants and free speech.’
5RB, 10th February 2015
Source: www.5rb.com
Court of Appeal (Criminal Division)
Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119
‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’
WLR Daily, 12th March 2015
Source: www.iclr.co.uk
‘Section 10(6) of the Police Reform Act 2002 enabled the Independent Police Complaints Commission to do anything calculated to facilitate the carrying out of its functions, which included the power to reopen an investigation into allegations against a police constable, which had resulted in a final report that there was no case to answer.’
WLR Daily, 6th March 2015
Source: www.iclr.co.uk
RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117
‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’
WLR Daily, 12th March 2015
Source: www.iclr.co.uk
‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 3rd March 2015
Source: www.iclr.co.uk
In re St John the Baptist, Penshurst [2015] WLR (D) 115
‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112
‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
Kololo v Commissioner of Police of the Metropolis [2015] EWHC 600 (QB); [2015] WLR (D) 111
‘A data subject access request made pursuant to section 7 of the Data Protection Act 1998 for the purpose of verifying the accuracy of the data held about the subject with a view to employing such data in foreign criminal appeal proceedings was not an abuse of process. In such circumstances, there was nothing to indicate that the Crime (International Co-operation) Act 2003 was the sole procedure by which evidence for use in foreign criminal proceedings could be obtained.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
‘The Sentencing Council issued a dangerous dog offences guideline in August 2012. In May 2014 amendments to the Dangerous Dogs Act 1991 were enacted through the Anti-social Behaviour, Crime and Policing Act 2014, which made such substantial changes to the offence and the maximum penalties that the Council considered it would be appropriate to revise comprehensively the existing guideline.
Sentencing Council, 17th March 2015
Source: http://consult.justice.gov.uk
‘The recent case of Siegel v Pummell [2015] EWHC 195 (QB) demonstrates judicial willingness to make a costs order on the indemnity basis where circumstances exist which justify such an order being made.’
Law Society’s Gazette, 16th March 2015
Source: www.lawgazette.co.uk
‘Three judges have been removed and a fourth has resigned following an investigation into an allegation that they viewed pornographic material on office computers.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
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