‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’
New Law Journal, 1st December 2016
Source: www.newlawjournal.co.uk
‘The Ministry of Justice has denied ever promising a benchmark figure for an acceptable maximum public transport travel time for people attending court when it considers court closures. In a letter to House of Commons justice select committee chair Bob Neill MP, permanent secretary Richard Heaton said access to justice was “not just about” court proximity.’
Law Society’s Gazette, 30th November 2016
Source: www.lawgazette.co.uk
‘A term in a settlement agreement that a public sector employer would use its “best endeavours” to maintain a former employee’s full pension entitlement was not a binding commitment, enforceable against a successor body, the High Court has ruled.’
OUT-LAW.com, 1st December 2016
Source: www.out-law.com
‘A leading defendant firm says insurers will be more empowered to deploy fundamental dishonesty defences after another favourable judgment from the Court of Appeal. In Menary v Darnton, which is yet to be published, insurer Aviva was able to appeal the application of qualified one-way costs shifting (QOCS) in favour of the claimant and avoid any costs.’
Law Society’s Gazette, 1st December 2016
Source: www.lawgazette.co.uk
‘Francesca Kaye & Helen Whalley discuss breach of trust claims against solicitors.’
New Law Journal, 1st December 2016
Source: www.newlawjournal.co.uk
‘A professional violinist has been jailed for conning more than £300,000 out of well-wishers by pretending that she had cancer. Bethan Doci, 38, claimed she needed the money for her treatment, but was fit and well and instead funded a lavish lifestyle including holidays abroad, luxury cars and expensive handbags.’
The Guardian, 1st December 2016
Source: www.guardian.co.uk
‘The claimant, a Royal Marine, contracted ‘Q Fever’ in October 2010 when he was travelling back to the UK from Afghanistan, as a result of which he developed a very serious chronic fatigue syndrome (a well known consequence of Q Fever). The value of his claim is estimated to be in the region of £6-8 million.’
Zenith PI Blog, 30th November 2016
Source: www.zenithpi.wordpress.com
‘The Ministry of Defence today unveiled plans to prevent the courts from adjudicating on allegations that injuries or deaths in the course of combat were the result of negligence. Defence secretary Sir Michael Fallon said he wanted to stop service and ex-service personnel being ‘caught up’ in long and frustrating legal cases where costs escalate.’
Law Society’s Gazette, 1st December 2016
Source: www.lawgazette.co.uk
‘Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within that foundational structure. The Bill of Rights treats prerogative as the antithesis of good government. Its primary target is a range of extra-legal powers hitherto asserted by the King, pride of place being given to the power to dispense with laws and the power to suspend Acts of Parliament.’
UK Constitutional Law Association, 2nd December 2016
Source: www.ukconstitutionallaw.org
‘An average of 80 child sex abuse cases a month have been referred to police over the last year following victims’ testimony to an independent inquiry.’
BBC News, 1st December 2016
Source: www.bbc.co.uk
‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’
The Guardian, 2nd December 2016
Source: www.guardian.co.uk
‘Holocaust survivor who said living in a care home reminded her of being back in a Nazi concentration camp has been given special permission by a court to return home despite her frail condition.’
Daily Telegraph, 1st December 2016
Source: www.telegraph.co.uk
‘Extra legal powers may be needed to prosecute hate preachers who encourage violent radicalisation in private conversations, according to the independent reviewer of terrorism legislation.’
The Guardian, 1st December 2016
Source: www.guardian.co.uk
‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’
Hardwicke Chambers, 1st December 2016
Source: www.hardwicke.co.uk
‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’
No. 5 Chambers, 18th November 2016
Source: www.no5.com
‘In Darby Properties Limited and another v Lloyds Bank plc, Master Matthews has given judgment in a case concerning the admissibility of expert evidence in an interest rates hedging products case.’
Littleton Chambers, 24th November 2016
Source: www.littletonchambers.com
‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’
Littleton Chambers, 18th November 2016
Source: www.littletonchambers.com
‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’
Hardwicke Chambers, 18th November 2016
Source: www.hardwicke.co.uk
‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’
Cloisters, 9th November 2016
Source: www.cloisters.com
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