26/07/2016 – Current Awareness

A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

Posted July 26th, 2016 in appeals, disability discrimination, disabled persons, employment tribunals, news, trials by sally

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

Cloisters, 19th July 2016

Source: www.cloisters.com

Relief from Sanctions Two Years after Denton: A Practical Views from the Bar – Littleton Chambers

Posted July 26th, 2016 in appeals, civil procedure rules, news, sanctions by sally

‘James Bickford Smith discusses judicial approaches to procedural default two years after the Court of Appeal’s decision in Denton v White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Ltd v Davies and others [2014] EWCA Civ 906, and considers the challenges still facing practitioners and judges in dealing with applications for relief from sanctions.’

Littleton Chambers, 20th July 2016

Source: www.littletonchambers.com

Predictive coding – the current landscape – Hardwicke Chambers

Posted July 26th, 2016 in case management, civil procedure rules, computer programs, costs, disclosure, documents, news by sally

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland? – Hardwicke Chambers

Posted July 26th, 2016 in arbitration, contracts, jurisdiction, news by sally

‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’

Hardwicke Chambers, 18th July 2016

Source: www.hardwicke.co.uk

Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Posted July 26th, 2016 in appeals, news, regulations, service charges, tribunals by sally

‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’

Hardwicke Chambers, 14th July 2016

Source: www.hardwicke.co.uk

Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

An (e)stopped clock is right twice a day: Is your engineer’s conduct a ticking time bomb? – Hardwicke Chambers

Posted July 26th, 2016 in construction industry, estoppel, news by sally

‘As the deluge of smash and grab adjudications continues to percolate through the construction industry, shrewd contractors are advancing more and more creative legal submissions as a way of reviving interim payment applications that have somewhere gone awry. Twice in the past year, the TCC has been addressed on the issue of whether a contractor can rely on an estoppel to resuscitate an interim application; and in one of those cases, that estoppel was created solely out of the actions of the contract administrator. Although the TCC has yet to fully articulate all of those situations in which the actions of the engineer or contract administrator are capable of giving rise to an estoppel, construction professionals would be wise to exercise a degree of caution and be wary of inadvertently bestowing such rights upon the contractor, much to the detriment of the employer.’

Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

Bringing the Bar to the Pub: “Pop-up Justice” for the 21st Century? – Littleton Chambers

Posted July 26th, 2016 in courts, litigants in person, news by sally

‘On 30 June 2016, The Times reported on a speech given by Sir James Munby, President of the Family Division of the High Court, to a conference organised by Solicitors for the Elderly. It touched on the possibility of holding court hearings in public places other than court buildings. On the same day, The Daily Mail reported that “[m]akeshift courts could be held in buildings such as pubs or town halls.” Now, many a practitioner (not least myself) has calculated the swiftest route from a judicial tongue-lashing to some alcoholic relief from sanction, but can they really be proposing pub hearings (legal history buffs might like to note that a Court of Piepowders, described by Sir William Blackstone as “the lowest, and at the same time the most expeditious, court of justice known to the law of England”, sat at the Stag and Hounds in Bristol until 1870)? Probably not.’

Littleton Chambers, 18th July 2016

Source: www.littletonchambers.com

Buyer beware – Hardwicke Chambers

Posted July 26th, 2016 in damages, deposits, misrepresentation, news, penalties, rescission, sale of land by sally

‘William Griffiths QC is a successful silk but was the unsuccessful defendant in the widely reported case of Hardy v Griffiths [2014]. Mr and Mrs Griffiths had exchanged contracts with the claimant, Mr Hardy, to buy Laughton Manor for £3.6m and paid £150,000 on account of the 10% deposit, the contract incorporating the Standard Conditions of Sale (SCS).’

Hardwicke Chambers, 25th July 2016

Source: www.hardwicke.co.uk

The Treatment of Migrant Workers: A Patchwork of Protection – Littleton Chambers

Posted July 26th, 2016 in civil justice, employment, immigration, news by sally

‘June was a bumper month in the developing field of claims concerning vulnerable migrant workers who are badly treated by their employers. English law offers a patchwork quilt of contractual and statutory protections. One of the challenges for advisers and representatives is identifying the most appropriate causes of action for the treatment received.’

Littleton Chambers, 14th July 2016

Source: www.littletonchambers.com

Hawk Recovery Ltd v (1) Nicholas John Hall (2) Susan Hall (3) Brunswick Wealth LLP (2016) [2016] EWHC 1307 (Ch) – No. 5 Chambers

Posted July 26th, 2016 in appeals, bankruptcy, costs, harassment, news by sally

‘Litigation is often personal. Parties will often know one another prior to commencing proceedings. But, it is rarely the case, that litigation – let alone a raft of separate proceedings – will arise, purely it might seem, as a personal vendetta. ‘Vendetta’ is the word that Mr Justice Males used in his judgment in Bluebird Productions Ltd v Eustace [2014] EWHC 1095 (QB) [27] (“Bluebird”).’

No. 5 Chambers, 14th June 2016

Source: www.no5.com

ParentPlan: A Suggested New Solution? – Park Square Barristers

Posted July 26th, 2016 in computer programs, families, harassment, internet, news, parental responsibility by sally

‘There appears to be a comparatively new suggested solution to the continued problems of Private Law proceedings and Christopher Ferguson , member of Park Square Barrister’s renowned family team, is seeking to canvass the views of anyone who has had experience of it. It is called ParentPlan (with no gap between the Parent and the Plan) and comes with the phrase “Keeping Parents Connected.” Details of it were in the Spring edition of the legal magazine Family Affairs, in an article written by one of its designers.’

Park Square Barristers, 21st July 2016

Source: www.parksquarebarristers.co.uk

Needs Must! Family Justice Council provides guidance for financial orders in ‘needs’ cases – Tanfield Chambers

Posted July 26th, 2016 in choice of forum, divorce, financial provision, Law Commission, news by sally

‘The law relating to financial orders is inherently unclear. It is not possible to discern from the statute what the law requires, although the courts and family lawyers administer the law with confidence’.

Tanfield Chambers. 18th July 2016

Source: www.tanfieldchambers.co.uk

High court to hear legal case against Labour leadership ballot decision – The Guardian

Posted July 26th, 2016 in elections, news, political parties by sally

‘A legal action aimed at overturning the Labour party’s decision to guarantee Jeremy Corbyn a place on the leadership ballot is due to get under way.’

The Guardian, 26th July 2016

Source: www.guardian.co.uk

FCA branded ‘inadequate’ as MPs call for new bank watchdog – The Independent

Posted July 26th, 2016 in banking, financial regulation, news, parliament, select committees by sally

‘Britain needs a new financial watchdog to punish wrongdoing in order to win public confidence, further reshaping a regulatory structure that was overhauled just three years ago, the Treasury Select Committee has said.’

The Independent, 26th July 2016

Source: www.independent.co.uk

IPCC investigates 11 for mishandling Greville Janner child sex abuse claims – The Guardian

Posted July 26th, 2016 in child abuse, complaints, misfeasance in public office, news, police, sexual offences by sally

‘The police watchdog is investigating 11 people over the alleged mishandling by Leicestershire police of child sexual abuse allegations against the late Labour peer Greville Janner.’

The Guardian, 25th July 2016

Source: www.guardian.co.uk

Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

Posted July 26th, 2016 in appeals, barristers, disciplinary procedures, human rights, misfeasance in public office, news, race discrimination, time limits by sally

‘A barrister who claimed she was the victim of racial discrimination by the Bar Standards Board (BSB) has lost her appeal against a ruling that her case was brought out of time.’

Legal Futures, 26th July 2016

Source: www.legalfutures.co.uk

Prosecutions for telling the truth – Free Movement

Posted July 26th, 2016 in appeals, deportation, immigration, news by sally

‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’

Free Movement, 26th July 2016

Source: www.freemovement.org.uk

Back from maternity: Five common challenges and how to overcome them – The Lawyer

Posted July 26th, 2016 in employment, legal profession, maternity leave, news, women by sally

‘The job, the team and the clients may all be the same, but most female lawyers who I talk to on their return to work tell me that it’s the new challenges they face which can make it harder than they anticipated to feel like the balance between work, family and career is right.’

The Lawyer, 26th July 2016

Source: www.thelawyer.com

Why children should be barred from cells – Legal Voice

Posted July 26th, 2016 in children, detention, news, police by sally

‘Shauneen Lambe explains why Just for Kids Law is calling for urgent reform in the way arrested children are treated.’

Legal Voice, 26th July 2016

Source: www.legalvoice.org.uk

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