Day: 4 January 2017

Almshouses, tenancies and Article 14 – Nearly Legal

Posted January 4th, 2017 in appeals, charities, human rights, landlord & tenant, news by tracey

‘This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to the Street v Mountford mantra that exclusive possession for a fixed term at a rent = tenancy.’

Full story

Nearly Legal, 29th December 2016

Source: www.nearlylegal.co.uk

Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

Full story

Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

Sanctity of life v personal autonomy: Court of Protection – UK Human Rights Blog

Posted January 4th, 2017 in consent, Court of Protection, married persons, medical treatment, news by tracey

‘Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016). Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection judgement is a clear indication that judges – or some of them – are prepared to favour an individual’s autonomy over the traditional emphasis on the sanctity of life above all else.’

Full story

UK Human Rights Blog, 3rd January 2017

Source: www.ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 4th, 2017 in legislation by tracey

The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016

The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016

The Wales Act 2014 (Commencement No. 1) Order 2016

The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2016

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

The Plant Health (Fees) (England) (Amendment) Regulations 2016

The Consumer Rights (Enforcement and Amendments) Order 2016

Source: www.legislation.gov.uk

Psychoactive substances ban 6 months on: almost 500 arrests and first convictions – Home Office

Posted January 4th, 2017 in drug offences, press releases, prosecutions, statistics by tracey

‘Nearly 500 people have been arrested since the government’s landmark Psychoactive Substances Act came into force 6 months ago.’

Full press release

Home Office, 29th December 2016

Source: www.gov.uk/home-office

BAILII: Recent Decisions

Posted January 4th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Justice v (Staffordshire County Council & Anor [2016] EWCA Civ 1317 (22 December 2016)

Otkritie International Investment Management Ltd & Ors v Jemai [2016] EWCA Civ 1316 (21 December 2016)

Wright v Lewis Silkin LLP [2016] EWCA Civ 1308 (21 December 2016)

G B Housley Ltd v HM Revenue and Customs [2016] EWCA Civ 1299 (21 December 2016)

Squire v Thames Valley Police & Anor (R on the Application of) [2016] EWCA Civ 1315 (21 December 2016)

Actial Farmaceutica LDA v Professor De Simone & Ors [2016] EWCA Civ 1311 (21 December 2016)

Novartis Ag & Ors v Focus Pharmaceuticals UK Ltd & Ors [2016] EWCA Civ 1295 (21 December 2016)

Court of Appeal (Criminal Division)

Lewinson v R [2016] EWCA Crim 1969 (21 December 2016)

Embleton, R v [2016] EWCA Crim 1968 (21 December 2016)

Hurley, R v [2016] EWCA Crim 1901 (20 December 2016)

High Court (Administrative Court)

Cupi v The Government of Albania [2016] EWHC 3288 (Admin) (21 December 2016)

Patel, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2016] EWHC 3354 (Admin) (21 December 2016)

Taylor v Honiton Town Council & Anor [2016] EWHC 3307 (Admin) (21 December 2016)

Miah, R (On the Application Of) v The Independent Police Complaints Commission [2016] EWHC 3310 (Admin) (21 December 2016)

Stryjecki v District Court In Lublin, Poland [2016] EWHC 3309 (Admin) (21 December 2016)

Bhatia v General Medical Council [2016] EWHC 3221 (Admin) (21 December 2016)

Derbyshire County Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2016] EWHC 3355 (Admin) (21 December 2016)

Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) (21 December 2016)

New Dawn Homes Ltd v Secretary of State for Communities and Local Government [2016] EWHC 3314 (Admin) (20 December 2016)

High Court (Chancery Division)

Agents Mutual Ltd v Moginnie James Ltd [2016] EWHC 3384 (Ch) (30 December 2016)

Fujifilm Kyowa Kirin Biologics Co Ltd v Abbvie Biotechnology Ltd [2016] EWHC 3383 (Ch) (29 December 2016)

Haastrup & Anor v Haastrup & Anor [2016] EWHC 3311 (Ch) (21 December 2016)

Glenn v Watson & Ors [2016] EWHC 3346 (Ch) (21 December 2016)

GAS and Electricity Markets Authority v GB Energy Supply Ltd [2016] EWHC 3341 (Ch) (21 December 2016)

Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2016] EWHC 3342 (Ch) (21 December 2016)

First Personnel Services Ltd v Halfords Ltd [2016] EWHC 3220 (Ch) (20 December 2016)

High Court (Commercial Court)

Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2016] EWHC 3340 (Comm) (21 December 2016)

Dexia Crediop SPA v Provincia Di Brescia [2016] EWHC 3261 (Comm) (21 December 2016)

Banque Cantonale De Genève v Sanomi [2016] EWHC 3353 (Comm) (21 December 2016)

Source: www.bailii.org

Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

Unreasonable defendant must face costs consequences – Law Society’s Gazette

Posted January 4th, 2017 in budgets, costs, indemnities, news, proportionality by tracey

‘The High Court has sent another warning message to litigants that they should expect to face costs penalties for unreasonable conduct. In Barkhuysen v Hamilton, published just before Christmas, Mr Justice Warby said the claimant was entitled to more than budgeted costs due to how the case was handled.’

Full story

Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

Making newspapers pay legal costs for libel cases even if they win is ’eminently fair’, says Max Mosley – The Independent

Posted January 4th, 2017 in costs, defamation, media, news by tracey

‘Proposals which could see newspapers forced to pay their opponents’ legal costs even if they win in court are “eminently fair”, according to Max Mosley.’

Full story

The Independent, 3rd January 2017

Source; www.independent.co.uk

Jailed marine Alexander Blackman’s defence team ‘fell below standard required’, official report concludes – Daily Telegraph

Posted January 4th, 2017 in armed forces, legal representation, miscarriage of justice, murder, news by tracey

‘The legal team tasked with defending a Royal Marine accused of murdering a wounded Taliban fighter were responsible for a litany of failings that rendered his subsequent conviction unsafe, the body that investigates potential miscarriages of justice has found.’

Full story

Daily Telegraph, 3rd January 2017

Source: www.telegraph.co.uk

Terror suspect ‘linked to Osama Bin Laden’ wins battle with Home Office to stay in UK – The Independent

Posted January 4th, 2017 in deportation, disabled persons, news, terrorism by tracey

‘A disabled terror suspect previously linked to Osama Bin Laden has won a 21-year legal battle to remain in the UK.
The wheelchair-bound Algerian man, known only as “G”, has been fighting Home Office deportation efforts for over two decades despite being accused of helping enlist young Muslims to extremist training camps abroad.’

Full story

The Independent, 3rd January 2017

Source: www.independent.co.uk