‘Part II of the Landlord and Tenant Act 1954, which confers security of tenure on business tenants, is perhaps one of the most widely used and best understood pieces of legislation in the field of property litigation. It is therefore relatively rare for those provisions to be considered at the level of the Court of Appeal.’
Falcon Chambers, 3rd March 2016
Source: www.falcon-chambers.com
‘A banded approach to probate fees has been proposed by the Ministry of Justice (MoJ). Views are sought on proposals to impose fees of between £300 and £20,000, depending on the value of the estate. The value of an estate below which no fee is payable would rise from £5,000 to £50,000. The consultation is open until 1 April 2016.’
Hardwicke Chambers, 29th March 2016
Source: www.hardwicke.co.uk
‘This paper seeks to explore how causation and quantum should be determined where a pre-existing injury is worsened, or an additional injury is super imposed upon a pre-existing injury, by a Defendant’s negligence.’
Byrom Street Chambers, 30th March 2016
Source: www.byromstreet.com
‘Following legal aid cuts, plans to bar McKenzie Friends from charging fees will put help beyond financial reach for many.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘We like being in control. As lawyers, we want to be in control. What is more, sometimes the law requires our clients to be in control. And the law determines if a person is truly in control. In the legal context instances where control may be an issue include the control of companies and the control of vehicles. In the field of property, the concept of control rears its head in connection with adverse possession.’
Falcon Chambers, March 2016
Source: www.falcon-chambers.com
‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
‘The British government must challenge Saudi Arabia over whether it is using UK weapons to breach international humanitarian law by launching indiscriminate airstrikes in Yemen, a leading lawyer has told the UK arms export control select committee.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
‘One of the groups campaigning to leave the European Union has said it will launch a legal challenge against a decision to designate its rival as the official Out campaign.’
The Independent, 13th April 2016
Source: www.independent.co.uk
‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’
Law Society’s Gazette, 13th April 2016
Source: www.lawgazette.co.uk
‘The London Borough of Waltham Forest has successfully applied to the High Court for a procurement challenge to be struck out.’
Local Government Lawyer, 13th April 2016
Source: www.localgovernmentlawyer.co.uk
‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’
Hardwicke Chambers, 1st April 2016
Source: www.hardwicke.co.uk
‘A counter-terrorism plan to share air-passenger data is set to become European law after five years of wrangling over security needs and privacy concerns.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘The Supreme Court has unanimously allowed an appeal brought by a Children’s Guardian in a case concerning whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls.’
Local Government Lawyer, 13th April 2016
Source: www.localgovernmentlawyer.co.uk
‘A film partnership accused by HM Revenue & Customs of using industry exemptions to help its members avoid paying their fair share of tax will this week take its case to the supreme court.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘The Football Association will be asked to launch an investigation into Leeds United owner Massimo Cellino and his former executive director Adam Pearson for alleged sexual discrimination, after an employment tribunal delivered a damning indictment of their decision to dismiss an experienced welfare worker from the club.’
The Independent, 13th April 2016
Source: www.independent.co.uk
‘It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible.’
The Guardian, 14th April 2016
Source: www.guardian.co.uk
‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’
Littleton Chambers, 4th April 2016
Source: www.littletonchambers.com
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