EVENT: Fifth Annual Cambridge Journal of International and Comparative Law Conference

Posted March 22nd, 2016 in Forthcoming events by sally

‘The editors of the Cambridge Journal of International and Comparative Law (CJICL) welcome delegates to the CJICL 5th Annual Conference to be held at the University of Cambridge, Faculty of Law on 8-9 April 2016. Keynote speeches will be delivered by Professor Muir Watt, of Sciences Po, and Judge Spielmann, formerly President of the European Court of Human Rights. The full draft programme can be found on our website at www.http://cjicl.org.uk.

The theme for the CJICL 5th Annual Conference is “Public and Private Power”. We are interested in doctrinal, theoretical, institutional and comparative perspectives from international, European and comparative law on the regulation of public and private power.

The conference will explore how the landscape of public and private power is changing, where new and important networks and partnerships between public and private power are emerging and where public power is co-opting or commissioning private power in larger projects. This interconnectivity can be seen at all levels, challenges traditional divisions between public and private, and raises new problems for regulation. ‘

Date: 8th-9th April 2016, 9.00am-6.00pm

Location: University of Cambridge – Faculty of Law – 10 West Road Cambridge CB3 9DZ GB

Charge: £90, Day tickets are also available to delegates who are only able to attend one day of the conference.

More information can be found here.

Planning inspector removes affordable housing obligations from s106 agreement – OUT-LAW.com

Posted March 22nd, 2016 in appeals, housing, news, planning, social services by sally

‘A planning inspector has removed the affordable homes obligations from an agreement between a developer and an Oxfordshire council after finding that they rendered the proposed development economically unviable.’
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OUT-LAW.com, 16th March 2016

Source: www.out-law.com

A Friend in Need is a Friend Indeed…A Cautionary Tale – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, duty of care, news, pro bono work by sally

‘It can be a common misconception that where services have been offered without charge then there will be no liability in the event that something goes wrong. This point was addressed in the recent case of Burgess and another v Lejonvarn [2016] EWHC 40 (TCC) and serves as a warning to all professionals offering free advice.’

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Hardwicke Chambers, 4th March 2016

Source: www.hardwicke.co.uk

Stevensdrake v Hunt and the indemnity principle – Hardwicke Chambers

Posted March 22nd, 2016 in agreements, costs, fees, indemnities, law firms, news by sally

‘Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result.’

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Hardwicke Chambers, 17th March 2016

Source: www.hardwicke.co.uk

A laundrette by any other name smells less sweet – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, covenants, leases, news by sally

‘This Q&A deals with user clauses in commercial leases. What is permitted by a covenant permitting use solely as a laundrette? Does such a clause permit the provision of dry-cleaning services?’

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Hardwicke Chambers, 21st March 2016

Source: www.hardwicke.co.uk

Traders win Court of Appeal battle over Shepherd’s Bush Market regeneration – Local Government Lawyer

Posted March 22nd, 2016 in appeals, compulsory purchase, local government, markets, news, planning by sally

‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Holmcroft: Skilled person not amenable to judicial review – Henderson Chambers

Posted March 22nd, 2016 in banking, financial regulation, fraud, judicial review, negligence, news by sally

‘On 24 February 2016, in R (Holmcroft Properties Limited) -v- KPMG LLP and others, the Divisional Court dismissed Holmcroft’s judicial review challenge to the skilled person’s role in a mis-selling redress scheme. The skilled person, KPMG, had approved Barclays’ rejection of Holmcroft’s claims for consequential losses it claimed to have suffered as a result of the mis-sale. The court found that the skilled person was not amenable to judicial review and that, in any event, it had acted fairly.’

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Henderson Chambers, 3rd March 2016

Source: www.hendersonchambers.co.uk

What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

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Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

Trainee Doctors and Whistleblowing – Littleton Chambers

Posted March 22nd, 2016 in appeals, doctors, employment tribunals, news, whistleblowers by sally

‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’

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Littleton Chambers, 9th March 2016

Source: www.littletonchambers.com

Firm sees off £100k CoA claim after admitting negligence – Law Society’s Gazette

Posted March 22nd, 2016 in appeals, damages, law firms, negligence, news, rectification by sally

‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’

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Law Society’s Gazette, 21st March 2016

Source: www.lawgazette.co.uk

A bolt out of the blue – another winning strike for delayed flight claimants – No. 5 Chambers

Posted March 22nd, 2016 in airlines, appeals, compensation, delay, news, regulations by sally

‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’

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No. 5 Chambers, 16th March 2016

Source: www.no5.com

Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

The Briggs Review – important changes proposed for conduct of litigation in the civil courts – Zenith Chambers

Posted March 22nd, 2016 in civil justice, news, reports by sally

‘On 12 January 2016, Lord Justice Briggs published his interim report which sets out a numberof provisional recommendations for the reform of the civil courts. Briggs LJ is now in the process of having meetings with those practitioners and other interested parties most likely to be affected, the first of which took place in Sheffield on Monday 14 March 2016.’

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Zenith Chambers, 16th March 2016

Source: www.zenithchambers.co.uk

Court of Appeal case: Gentry v Miller & UKI [2016] EWCA Civ 141 – Park Square Barristers

Posted March 22nd, 2016 in appeals, default judgments, delay, fraud, insurance, news by sally

‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’

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Park Square Barristers, 14th March 2016

Source: www.parksquarebarristers.co.uk

What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

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Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

Ched Evans: Rape conviction ‘miscarriage of justice’ appeal heard by senior judges – Daily Telegraph

‘Footballer’s case referred to Court of Appeal in London by Criminal Cases Review Commission, which investigates possible miscarriages of justice.’

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Daily Telegraph, 22nd March 2016

Source: www.telegraph.co.uk

Parish council wins legal challenge over refusal to register land as village green – Local Government Lawyer

Posted March 22nd, 2016 in commons, land registration, local government, news by sally

‘A parish council has won a High Court challenge over a local authority’s refusal to register land in its area as a village green.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

MoJ to urgently review legal aid for trafficking victims – Law Society’s Gazette

Posted March 22nd, 2016 in judicial review, legal aid, news, trafficking in human beings by sally

‘The Ministry of Justice will urgently review its provision of legal aid for people bringing claims for compensation against their traffickers, in response to a judicial review of the current scheme.’

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Law Society’s Gazette, 21st March 2016

Source: www.lawgazette.co.uk

A judge has ordered 90 per cent of a couple’s assets to the housewife in a victory that should be celebrated – The Independent

Posted March 22nd, 2016 in divorce, financial provision, news by sally

‘This week, the English family courts have sent yet another message in support of families and free choice.’

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The Independent, 20th March 2016

Source: www.independent.co.uk

High Court: commercial tenant cannot assign lease to its guarantor – OUT-LAW.com

Posted March 22nd, 2016 in landlord & tenant, leases, news by sally

‘Anti-avoidance provisions in the 1995 Landlord and Tenant (Covenants) Act prevent a tenant from assigning a lease to its guarantor, the High Court has ruled.’

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OUT-LAW.com, 21st March 2016

Source: www.out-law.com