09/06/2016 – Current Awareness

R+V Versicherung AG v Robertson & Co SA – WLR Daily

Posted June 9th, 2016 in conflict of laws, EC law, jurisdiction, law reports, service out of jurisdiction, third parties by sally

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

Cavanagh and others v Secretary of State for Work and Pensions – WLR Daily

Posted June 9th, 2016 in contract of employment, employment, enforcement, law reports, remuneration, third parties, trade unions by sally

Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)

The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.

WLR Daily, 13th May 2016

Source: www.iclr.co.uk

Staffordshire County Council v K and others – WLR Daily

Posted June 9th, 2016 in accidents, carers, Court of Protection, damages, deprivation of liberty safeguards, disabled persons, human rights, law reports, local government, mental health, road traffic by sally

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Father who won High Court school holidays case eyes group litigation – Local Government Lawyer

Posted June 9th, 2016 in class actions, fines, holidays, local government, news, parental responsibility, school children, truancy by sally

‘The man who defeated Isle of Wight Council in a high-profile court battle over the enforcement of a fine imposed for taking his daughter to Florida during term time has unveiled plans to take forward group litigation.’