EVENT: Gresham College – Civil Litigation: Should the rules be simpler?

Posted June 3rd, 2015 in Forthcoming events by sally

‘The address by Sir Stephen will explore the reasons why the rules of civil procedure are so long and complex, and whether it is desirable and practicable to simplify them, having regard in particular to the needs of litigants in person who are unfamiliar with the legal process.’

Date: 25th June 2015, 6.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

New measures to make criminals pay legal aid costs – Ministry of Justice

Posted June 3rd, 2015 in assets recovery, costs, legal aid, news, proceeds of crime by sally

‘New measures to make criminals, rather than hard working taxpayers, pay more towards their legal bills have come into force today (1 June 2015).’

Full story

Ministry of Justice, 1st June 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Why cracking up isn’t a laughing matter! – New Law Journal

Posted June 3rd, 2015 in environmental health, housing, insurance, news, repairs by sally

‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
Full story

New Law Journal, 29th May 2015

Source: www.newlawjournal.co.uk

Bringing the statute book up to date – Law Commission

Posted June 3rd, 2015 in bills, news, repeals, statute law revision by sally

‘An Act from 1979 allowing referendums for a Scottish Parliament and Welsh Assembly is among legislation being recommended for repeal by the Law Commissions.’

Full story

Law Commission, 3rd June 2015

Source: www.lawcommission.justice.gov.uk

Keep Calm and Read B-S – Family Law Week

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
Full story

Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

The Law of the Road – BBC Unreliable Evidence

Posted June 3rd, 2015 in accidents, news, road safety, road traffic offences by sally

‘Clive Anderson and a panel of legal experts discuss how changes to our traffic laws could reduce the numbers of motorists, cyclists and pedestrians killed or injured on the road?’

Listen

BBC Unreliable Evidence, 27th May 2015

Source: www.bbc.co.uk

Children Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Full story

Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

Migrants and Maritime Law – BBC Law in Action

Posted June 3rd, 2015 in immigration, news, shipping law by sally

‘What does the law say about commercial ship captains’ duty to help those they find in distress at sea? Captain Andy Lewington explains how he, and his 18 man crew, took aboad more than 400 migrants in the seas north of Tripoli earlier this year. And Stephen Fietta a lawyer at Volterra Fietta, explains the legal position.’

Listen

BBC Law in Action, 2nd June 2015

Source: www.bbc.co.uk

Peddling tall tales and myths – that’s a human right, isn’t it? – The Guardian

Posted June 3rd, 2015 in human rights, media, news by sally

‘From KFC for criminals, to hardcore porn for killers – dodgy stories about the Human Rights Act will always find a home in British newspapers.’

Full story

The Guardian, 2nd June 2015

Source: www.guardian.co.uk

EVENT: LSE – Rhetoric and Reality: from Magna Carta to human rights today

Posted June 3rd, 2015 in Forthcoming events by sally

‘The Magna Carta, sealed in 1215, has come to stand for the rule of law, curbs on executive power and the freedom to enjoy basic liberties. When the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it was heralded as ‘a Magna Carta for all human-kind’. Yet in the year in which this medieval Charter’s 800th birthday is widely celebrated, the future of the UK’s commitment to international human rights standards is in doubt.’

Date: 10th June 2015, 6.30-8.00pm

Location: Sheikh Zayed Theatre, New Academic Building

Charge: Free

More information can be found here.

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Gulati v MGN Ltd – WLR Daily

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily

Posted June 3rd, 2015 in company law, interpretation, law reports, pensions, trusts by sally

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc [2015] EWHC 1499 (Ch); [2015] WLR (D) 231

‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted June 3rd, 2015 in appeals, EC law, interest, law reports, restitution, VAT by sally

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) [2015] EWCA Civ 515; [2015] WLR (D) 228

‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

Macris v Financial Conduct Authority – WLR Daily

Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219

‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’

WLR Daily, 19th May 2015

Source: www.iclr.co.uk

Solicitor jailed for role in £4.3m land-banking scam – Legal Futures

‘A solicitor has been jailed for five and a half years for his role in a £4.3m land-banking scam.’

Full story

Legal Futures, 3rd June 2015

Source: www.legalfutures.co.uk