Day: 27 July 2015

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers

Posted July 27th, 2015 in civil procedure rules, costs, fees, human rights, insurance, news, Supreme Court by sally

‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

How Interesting? The public interest disclosure requirement of s.43B(1) of the Employment Rights Act – No. 5 Chambers

Posted July 27th, 2015 in disclosure, employment, news, public interest, whistleblowers by sally

‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
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No. 5 Chambers, 30th July 2015

Source: www.no5.com

Requesting a court revisit its judgment – Law Society’s Gazette

Posted July 27th, 2015 in amendments, judgments, legal representation, news, time limits by sally

‘The recent case of Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) considered the extent to which a court may exercise its discretion and revisit its judgment in the light of a new point.’

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Law Society’s Gazette, 27th July 2015

Source: www.lawgazette.co.uk

Ring Fencing – New Square Chambers

Posted July 27th, 2015 in Crown Court, disclosure, news, self-incrimination, stay of proceedings by sally

‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 – Henderson Chambers

Posted July 27th, 2015 in burden of proof, consumer credit, insurance, news by sally

‘The High Court (Swift J, 22 May 2015) has upheld an order dismissing a claim under section 140A of the Consumer Credit Act 1974 (CCA) on the summary basis, in the absence of conduct on the part of a lender causative of unfairness in a debtor/creditor relationship.’

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Henderson Chambers, 3rd June 2015

Source: www.hendersonchambers.co.uk

Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

Posted July 27th, 2015 in appeals, family courts, litigants in person, news, time limits by sally

‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’

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No. 5 Chambers, 22nd June 2015

Source: www.no5.com

Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Posted July 27th, 2015 in costs, fees, human rights, insurance, news, proportionality, Supreme Court by sally

‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’

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OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Payday lender Cash Genie to pay £20m compensation – BBC News

Posted July 27th, 2015 in compensation, complaints, fees, interest, loans, news, unfair commercial practices by sally

‘Payday lender Cash Genie faces a £20m compensation bill after charging customers £50 to transfer them to the firm’s debt collection business.’

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BBC News, 27th July 2015

Source: www.bbc.co.uk

Law firm loses FoI bid to learn names of complainants – Legal Futures

Posted July 27th, 2015 in freedom of information, law firms, news, professional conduct, Solicitors Regulation Authority by sally

‘A law firm which demanded the details of people who had contacted the Solicitors Regulation Authority (SRA) to allege misconduct has been firmly rebuffed by the Law Society’s freedom of information commissioner.’

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Legal Futures, 27th July 2015

Source: www.legalfutures.co.uk

Unregulated Credit Agreements: When is it safe for a lender to rely upon the business purpose exemption? – 11 Stone Buildings

Posted July 27th, 2015 in consumer credit, loans, news by sally

‘Consumer credit legislation requires lenders to negotiate a minefield of regulation and formalities. Even small errors in form, content or procedure can render a loan contract unenforceable and prevent a lender recovering the sums advanced. In the circumstances it is understandable that the exemptions within the legislation, such as that created by s.16B(1) of the Consumer Credit Act 1974 are often invoked to avoid the rigours of regulation. However, this approach can give rise to new risks as demonstrated in Woolsey v Payne [2015] EWHC 968 (Ch) [2015] All ER (D) 24 (May) and Wood v Capital Bridging Finance Limited [2015] EWCA Civ 451. Sarah Clarke, counsel in Woolsey and Payne, suggests how the lawyers and lenders should modify their approach to this exemption in light of these decisions.’

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11 Stone Buildings, June 2015

Source: www.11sb.com

Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures

Posted July 27th, 2015 in Civil Justice Council, compensation, insurance, news, noise by sally

‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
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Litigation Futures, 29th July 2015

Source: www.litigationfutures.com

Government ‘selling justice like a commodity’ with fee rises – Law Society’s Gazette

Posted July 27th, 2015 in fees, Law Society, Ministry of Justice, news by sally

‘Government plans for a new round of court fee rises are “tantamount to selling justice like a commodity”, the Law Society has said, as the Ministry of Justice acknowledged its plans would be unpopular.’

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Law Society’s Gazette, 27th July 2015

Source: www.lawgazette.co.uk

Time to End the Time Debate – Panopticon

Posted July 27th, 2015 in freedom of information, news, public interest, rendition by sally

‘The apparently endless APPGER litigation has produced yet another decision of the Upper Tribunal for seasoned FOIA watchers, which amongst some very fact-specific issues, also contains two important clarifications of law: APPGER v ICO & FCO [2015] UKUT 377 (AAC).’

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Panopticon, 23rd July 2015

Source: www.panopticonblog.com

“These wretchedly conceived clauses”: the Supreme Court considers the degree to which ‘commercial common sense’ can be deployed in contractual interpretation (Arnold v Britton & Ors [2015] UKSC 36) – Henderson Chambers

Posted July 27th, 2015 in interpretation, leases, news, service charges by sally

‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.

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Henderson Chambers, 16th June 2015

Source: www.hendersonchambers.co.uk

Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

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Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

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Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

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No. 5 Chambers, 6th July 2015

Source: www.no5.com

The Relevance of Probate in the Digital Age – New Square Chambers

Posted July 27th, 2015 in computer crime, executors, internet, money laundering, news, probate by sally

‘Imagine an estate where there is no dispute amongst the beneficiaries, whether about the validity of the deceased’s will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online and the executor named in the will is aware of the username and password applicable to this online account. He wishes to use them to transfer the money in the account to an account in his name and then to administer it precisely according to law.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Covert surveillance activities need independent oversight, says expert – OUT-LAW.com

Posted July 27th, 2015 in evidence, investigatory powers, media, news, telecommunications by sally

‘The use of the Regulation of Investigatory Powers Act (RIPA) for covert surveillance should be overseen by independent judges to ensure the appropriate legislation is being used, an expert has said.’

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OUT-LAW.com, 23rf July 2015

Source: www.out-law.com

A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

Posted July 27th, 2015 in accidents, civil procedure rules, holidays, jurisdiction, news, personal injuries, witnesses by sally

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk