John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court
Supreme Court, 29th July 2015
Day: 27 August 2015
Tipstaff Orders – Family Law Week
‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’
Family Law Week, 26th August 2015
Source: www.familylawweek.co.uk
Fitness for purpose clauses in construction contracts – Hardwicke Chambers
‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’
Hardwicke Chambers, 11th August 2015
Source: www.hardwicke.co.uk
Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights? – Cloisters
‘In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling intimidation of non-striking workers.’
Cloisters, 4th August 2015
Source: www.cloisters.com
The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court
‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’
Six Pump Court, 10th August 2015
Source: www.6pumpcourt.co.uk
Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers
‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘
Hardwicke Chambers, 29th July 2015
Source: www.hardwicke.co.uk
Setting the bar high for secondary victim claims – Hardwicke Chambers
‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
Full story
Hardwicke Chambers, 29th August 2015
Source: www.hardwicke.co.uk
Home is where… the structure is annexed to the ground – Hardwicke Chambers
‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
Full story
Hardwicke Chambers, 12th August 2015
Source: www.hardwicke.co.uk
Funding Problems on the Horizon for family lawyers (and their clients) – Family Law Week
‘Stuart Clark, Associate Solicitor with The International Family Law Group LLP considers the implications of increased use of s.37 MCA 1973 in setting aside payments on account of costs in financial remedies cases.’
Family Law Week, 20th August 2015
Source: www.familylawweek.co.uk
EVENT: Gresham College – Prison and Why We Send People There: Does it Work? Should it?
‘They deserve to be put away’; ‘Appeal the sentence – too short’; ‘They should lock him up and throw away the key’. How civilised has it ever been to imprison other humans – or to want to do it? How many prisoners had their fates determined by circumstance, how many by truly free will? How often has increasing in prison building been used to increase a politician’s vote? How impossible would it be for most politicians to argue for fewer prisons because they do not work, when as a society we have to assume they do?
Date: 2nd December 2015, 6.00pm
Location: Barnard’s Inn Hall
Charge: Free
More information can be found here.
Data breach management – making use of legal privilege – OUT-LAW.com
‘FOCUS: Businesses that experience data security breaches can use the law of legal privilege to investigate the circumstances of those breaches without fear that internal investigation documents will be used against them by regulators or litigants.’
OUT-LAW.com, 26th August 2015
Source: www.out-law.com
Finance & Divorce Update – Family Law Week
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’
Family Law Week, 15th August 2015
Source: www.familylawweek.co.uk
EVENT: Gresham College – Free Speech and the Study of History
‘A growing number of countries have so-called memory laws, ranging from the criminalisation of Holocaust denial, to prescriptions for the teaching of certain subjects, memorial days and public monuments. Which, if any, of these are justified? Which are more effective in combating evils they are supposed to combat, based on misinterpretations of the past?’
Date: 28th October 2015, 6.00pm
Location: Museum of London
Charge: Free
More information can be found here.
Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily
‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’
WLR Daily, 31st July 2015
Source: www.iclr.co.uk
Moshi Monsters and Bin Weevils rebuked by advertising watchdog – BBC News
‘The UK advertising watchdog has ruled against online games Moshi Monsters and Bin Weevils in a crackdown on adverts pressuring children to spend money.’
BBC News, 26th August 2015
Source: www.bbc.co.uk
‘Urgent review’ of appropriate adults needed – Law Society’s Gazette
‘Solicitors have urged the government to review, as a matter of urgency, the provision of appropriate adults (AA) for mentally vulnerable detainees in police stations after a report published today highlighted ‘significant shortcomings’.’
Law Society’s Gazette, 26th August 2015
Source: www.lawgazette.co.uk
Police action against City fraudsters starts to show results, but civil action remains best for victims, says expert – OUT-LAW.com
‘A multi-agency anti-fraud operation led by City of London Police is beginning to show results, with “dozens of people arrested” and two providers of serviced office space fined in relation to investment frauds based out of addresses in the financial district, according to press reports.’
Full story
OUT-LAW.com, 26th August 2015
Source: www.out-law.com
Chilcot defends long-delayed Iraq inquiry – but sets no date for publication – The Guardian
‘Sir John Chilcot mounted a robust defence of his embattled Iraq war inquiry, prompting families of those who lost relatives in the conflict to make a renewed threat of legal action to accelerate its publication.’
The Guardian, 26th August 2015
Source: www.guardian.co.uk
Sheep rustling: Police are studying ancient methods of identification to help beat the thieves – The Independent
‘Pity the poor country coppers – if you thought they had enough on their plates with red diesel, dogging and bored teenagers necking horse tranquillisers, now they’re having to get to grips with sheep markings designed by the Vikings.’
The Independent, 26th August 2015
Source: www.independent.co.uk
