‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’
WLR Daily, 14th December 2016
Source: www.iclr.co.uk
‘In Bloomsbury Verlag GmbH v HMRC [2015] UKFTT 660 (TC),the First-tier Tribunal (Tax and Chancery) (FTT) has held that the four-year time limit does not apply to corporation tax self-assessment returns and that trading losses can be carried forward even though they were not included in a return.’
RPC Tax Take, 8th January 2016
Source: www.rpc.co.uk
‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’
Commercial Disputes Blog, 4th January 2016
Source: www.rpc.co.uk
‘The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the “penalty rule” but further limiting its utility in a commercial setting. In the adjoined appeals of Cavendish Square Holding v Talal El Makdessi and ParkingEye Limited v Beavis the Supreme Court created a new authority for consideration of the penalty rule doctrine, termed by Lordships Neuberger and Sumption to be “an ancient, haphazardly constructed edifice which has not weathered well”.’
RPC Built Environment, 6th January 2016
Source: www.rpc.co.uk
‘Sam Madge-Wyld considers the housing law agenda for 2016.’
LAG Housing Law, 12th January 2016
Source: www.laghousinglaw.com
‘A new test is needed to establish who is unfit to plead. The existing rules for deciding whether a defendant is unfit to participate in a criminal trial – and what the courts should do if they are not – are out of date, misunderstood and inconsistently applied.’
Law Commission, 13th January 2016
Source: www.lawcom.gov.uk
‘On Tuesday 29th December 2015, Section 76 Serious Crime Act 2015 came into force, this introduced the new criminal offence of “Controlling or coercive behaviour in an intimate or family relationship“. This offence has been introduced to strength the powers of the police, prosecution and courts in combating domestic abuse and dealing with those cases when an individual is trapped in a controlling and abusive relationship, but may not have been physically assaulted. It is also aimed to deal with the difficulties of obtaining convictions for offences under the Protection from Harassment Act 1997 as evidence in the case of R v Curtis [2010] EWCA Crim 123; [2010] 1 Cr. App. R. 31.’
Park Square Barristers, 6th January 2016
Source: www.parksquarebarristers.co.uk
‘A company that made almost 40 million nuisance calls in just 3 months has today had its licence revoked by the Claims Management Regulator (CMR).’
Ministry of Justice, 12th January 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’
Park Square Barristers, 6th January 2016
Source: www.parksquarebarristers.co.uk
‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’
Radcliffe Chambers, 7th January 2016
Source: www.radcliffechambers.com
‘The government may be underestimating the severity of problems with its new digital legal aid billing system, solicitors have warned.’
Law Society’s Gazette, 12th January 2016
Source: www.lawgazette.co.uk
‘Neonicitinoids are a group of active ingredients in plant protection products (pesticides). Their use is limited by a Regulation made by the European Commission. There is active debate about their effect on bees.’
No. 5 Chambers, 11th January 2016
Source: www.no5.com
‘In this series of case studies Oliver Saxby QC analyses three very substantial historical sex abuse trials in which he was involved over the last 12 months, each of which ended with successful outcomes: R v Bodnar and others at Canterbury Crown Court, in which he led for the defence; R v Singh and others at the Central Criminal Court, in which he led for the Crown; and R v Carragher and others at Leeds Crown Court, in which he led for the defence.’
6 Pump Court, 6th January 2016
Source: www.6pumpcourt.co.uk
‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.
The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.
Reforms are now proposed in relation to the investigation and trial process in this type of case.
The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’
Full story(Word)
6 Pump Court, 12th January 2016
Source: www.6pumpcourt.co.uk
‘Chapter I of Part I of the 1993 Act confers on certain tenants of flats held under long residential leases in certain premises the right to collective enfranchisement, that is to say the right to have the freehold of those premises acquired on their behalf by a person appointed by them for that purpose and at a price determined in accordance with Schedule 6 to the 1993 Act. Tenants entitled to participate in collective enfranchisement are called “qualifying tenants”. The premises must comprise two or more flats held by qualifying tenants. The total number of flats held by such tenants must be not less than two thirds of the total number of flats contained in the premises’
Tanfield Chambers, 7th January 2016
Source: www.tanfieldchambers.co.uk
‘The DLA AGM and annual social event will take place on Wednesday 3 February 2016 beginning at 6.00pm. We are delighted that Frances O’Grady, General Secretary of the Trades Union Congress, has agreed to be our guest speaker.
Note: Non-members are welcome to attend the AGM but only DLA members will be eligible to vote at the meeting. Please let us know at info@discriminationlaw.org.uk if you plan to attend.’
Date: Wednesday 3rd February 2016, 6.00pm
Location: 7 Bedford Row Chambers, London WC1R 4BS
Charge: nFree
More information can be found here.
‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?
The lecture will present a review of what has happened in the courts since 2015, with an opportunity for debate.’
Date: 6th April 2016, 6.00pm
Location: Barnard’s Inn Hall
Charge: Free
More information can be found here.
‘Reputations tumble; men once popular and famous but too powerful are condemned and imprisoned. Others fear their reputations will not long survive their deaths. Others will ‘get away with it’ as presumably they always have. How will all this be viewed in decades to come? Witch-hunt or confirmation that Mary Whitehouse was right all the time and the sexual revolution is to blame? If so, what should society have done that it didn’t? What should it do now apart from lock up aged offenders? And what about juries? Will they, not judges, ultimately determine how law can be fair on sexual behaviour – assuming juries can ever discuss these things candidly.’
Date: 2nd March 2016, 6.00pm
Location: Barnard’s Inn Hall
Charge: Free
More information can be found here.
‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’
Date: 27th January 2016, 6.00pm
Location: Museum of London
Charge: Free
More information can be found here.
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