November 2016 – Page 15 – Current Awareness

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 9th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’

UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Preservation of Evidence and Misconduct During Employment: Is the Law Right? – Littleton Chambers

Posted November 9th, 2016 in confidentiality, disclosure, documents, employment, news, wrongful dismissal by sally

‘An employee believes that the working relationship with her employer is breaking down. She anticipates future disputes about a bonus, and any imminent future termination. Wanting to ensure that she has key documents available in case she needs to seek advice or prove a future claim, she emails some of them – including confidential documents – to a hotmail account. Has she done anything wrong?’

Littleton Chambers, 4th October 2016

Source: www.littletonchambers.com

Vicarious Liability for Assaults – Park Square Barristers

Posted November 9th, 2016 in arbitration, assault, negligence, news, vicarious liability by sally

‘Caroline Wood recently successfully represented the defendant local council in respect of a claim arising from an assault by a teaching assistant on a lunchtime supervisor, both of whom were employees at the same school.’

Park Square Barristers, 25th October 2016

Source: www.parksquarebarristers.co.uk

Litigants in Person, Costs Budgeting and McKenzie Friends: A Practical View from the Bar – Littleton Chambers

Posted November 9th, 2016 in budgets, civil procedure rules, costs, McKenzie friends, news by sally

‘In his monthly column, James Bickford Smith discusses two important decisions concerning respectively the applicability of costs budgeting rules to litigants in person and the court’s approach to attempts to control a litigant’s choice of McKenzie friends.’

Littleton Chambers, 7th November 2016

Source: www.littletonchambers.com

MP calls for tougher animal cruelty sentences amid link to domestic abuse – The Guardian

Posted November 9th, 2016 in animal cruelty, bills, domestic violence, news, sentencing by sally

‘A Labour MP is pressing the government to increase the penalties for animal cruelty offences, noting that research shows people who harm animals are more likely to go on to commit crimes such as domestic abuse.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

The right of a natural father without parental responsibility to receive notice of adoption proceedings – No. 5 Chambers

Posted November 9th, 2016 in adoption, news, notification, parental responsibility, parental rights by sally

‘This short article examines the law concerning the right of a natural father without parental responsibility to receive notice of adoption proceedings relating to his child.’

No. 5 Chambers, 19th September 2016

Source: www.no5.com

Failure to pay correct Court fee leads to strike-out – Park Square Barristers

Posted November 9th, 2016 in courts, fees, news, proportionality, striking out by sally

‘Mr C claimed that he was injured as a result of a fall in a pub in November 2012. Proceedings were issued by Mr C four days before limitation expired in November 2015. The Statement of Value on the Claim Form limited the claim to £10,000 and the relevant court fee of £455 was paid.’

Park Square Barristers, 17th October 2016

Source: www.parksquarebarristers.co.uk

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

The Independent, 8th November 2016

Source: www.independent.co.uk

Denholm v Stobbs [2016] UKUT 288 (LC) (aka “12 Needham Road”) – Tanfield Chambers

Posted November 9th, 2016 in appeals, leases, news, tribunals by sally

‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’

Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

Man jailed for harassing Adam Johnson’s victim on Facebook – The Guardian

Posted November 9th, 2016 in anonymity, harassment, news, sentencing, victims by sally

‘The former partner of Adam Johnson’s sister has been jailed for 16 weeks for harassing the ex-England footballer’s child sex victim in a series of Facebook posts. A judge found that Steven Knox, 30, from Sunderland, caused the 15-year-old alarm or distress by posting photos of her online and urging others to share them after Johnson was convicted of sexual activity with her.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, fundamental dishonesty, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

Henriques report: Met Police in the dock as review finds string of ‘significant failings’ in sex abuse inqury – Daily Telegraph

Posted November 9th, 2016 in complaints, inquiries, London, news, police, reports, sexual offences by sally

‘Senior Scotland Yard detectives have been referred to the Independent Police Complaints Commissionafter a damning report into the Met’s handling of Operation Midland found a string of “significant failings”.’

8th November 2016

Source: www.telegraph.co.uk

Ofsted wrong to penalise Islamic school over gender segregation, court rules – The Guardian

Posted November 9th, 2016 in education, Islam, news, reports, school children, sex discrimination by sally

‘A high court judge has ruled that Ofsted inspectors were wrong to penalise an Islamic faith school because of their “erroneous” view that segregation of boys and girls amounted to unlawful discrimination.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

First-time phone-use drivers face points – BBC News

Posted November 9th, 2016 in consultations, fines, news, penalties, road traffic offences, telecommunications by sally

‘Drivers in England, Scotland and Wales caught using a mobile phone for the first time will automatically receive penalty points, under government plans.’

BBC News, 9th November 2016

Source: www.bbc.co.uk

Ilott v Mitson: A storm in a Teacup? – Zenith Chambers

Posted November 9th, 2016 in appeals, charities, news, wills by sally

‘With Ilott due to be heard in the Supreme Court on 12th December 2016[1], Nicola Phillipson considers the impact the case has had upon claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) and wonders whether the importance of the various decisions has in fact been overblown?’

Zenith Chambers, 31st October 2016

Source: www.zenithchambers.co.uk

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Sean Rigg death: police custody sergeant cleared of lying at inquest – The Guardian

Posted November 9th, 2016 in death in custody, inquests, news, perjury, police by sally

‘A Metropolitan police custody sergeant has been cleared of lying at the inquest into the death of Sean Rigg.’

The Guardian, 8th November 2016

Source: www.guardian.co.uk

Thief has sentencing pushed back so he can celebrate 25th birthday – Daily Telegraph

Posted November 8th, 2016 in assault, dangerous driving, delay, handling stolen goods, human rights, news, sentencing, theft, uninsured drivers by sally

‘thief who faces jail for driving a stolen motorbike into a policeman has had his sentencing date pushed back by a judge so he can celebrate his 25th birthday.’

Daily Telegraph, 8th November 2016

Source: www.telegraph.co.uk

66 Years Of The European Convention On Human Rights – RightsInfo

Posted November 8th, 2016 in human rights, legislation, news, treaties by sally

‘Sixty-six years ago today, the European Convention on Human Rights (ECHR) was signed by the United Kingdom and ten other countries.’

RightsInfo, 4th November 2016

Source: www.rightsinfo.org

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