Day: 16 May 2017

Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers

Posted May 16th, 2017 in appeals, employment, employment tribunals, news, whistleblowers by sally

‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Honesty and integrity – honestly different? – UK Police Law Blog

Posted May 16th, 2017 in codes of practice, misfeasance, news, police, solicitors by sally

‘Another month, another decision on the meaning of honesty and integrity. Given that the Standard of ‘Honesty and Integrity’ is considered primus inter pares in relation to the other Standards, in that a breach of it puts an officer at serious risk of dismissal, what amounts to this is important – for officers and presenting authorities.’

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UK Police Law Blog, 12th May 2017

Source: www.ukpolicelawblog.com

Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers

Posted May 16th, 2017 in appeals, equity, housing, matrimonial home, news by sally

‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’

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Hardwicke Chambers, 9th May 2017

Source: www.hardwicke.co.uk

Similarities, Connections or Relationships? Aggregation following AIG Europe v Woodman – Hardwicke Chambers

Posted May 16th, 2017 in appeals, contracts, damages, news, Supreme Court by sally

‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’

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Hardwicke Chambers, 12th May 2017

Source: www.hardwicke.co.uk

What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

Posted May 16th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries, solicitors, time limits by sally

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers

Posted May 16th, 2017 in appeals, expert witnesses, news, trials, witnesses by sally

‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’

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Henderson Chambers, 19th April 2017

Source: www.hendersonchambers.co.uk

Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

Disclosure and production in construction cases – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, construction industry, disclosure by sally

‘The evolution of the CPR in the wake of the Jackson reforms included the well-known introduction of the “menu” of disclosure options at CPR 31.5(7). The net effect was to promote, as appropriate and applicable, a movement away from well-established “standard” disclosure to a more tailored approach. With the accompanying provisions of CPR 31 and its Practice Directions, the new approach to disclosure was designed to force parties (and the courts) to consider disclosure and production (and the best approach to adopt) at a very early stage.’

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Hardwicke Chambers, 5th May 2017

Source: www.hardwicke.co.uk

Brexit and implications for UK Merger Control – Part 3/3: Managing and prioritising the CMA’s mergers workload – Competition Bulletin from Blackstone Chambers

Posted May 16th, 2017 in brexit, competition, EC law, mergers, news, treaties by sally

‘The Competition Bulletin is pleased to welcome the third in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

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Competition Bulletin from Blackstone Chambers, 16th May 2017

Source: www.competitionbulletin.com

Staying proceedings against “a necessary and proper party”: A pragmatic approach – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, jurisdiction, news, stay of proceedings by sally

‘English courts are averse to the risk of parallel litigation in multiple jurisdictions. For this reason, where an English defendant is correctly sued in England, foreign domiciled defendants who are necessary and proper parties to the claim are commonly brought into the English court’s jurisdiction.’

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Hardwicke Chambers, 3rd May 2017

Source: www.hardwicke.co.uk

Clarity cut adrift: Human rights arguments triable in mooring cases – Henderson Chambers

Posted May 16th, 2017 in appeals, canals, human rights, news by sally

‘Judgment has been handed down by the Court of Appeal in Jones v Canal & River Trust (2017) EWCA Civ 135. The case concerned a claim brought by the Canal and River Trust (‘the C&RT’) to remove Mr Jones’ boat using its powers under the British Waterways Acts 1971 and 1983 (‘the Acts’) and for injunctive relief restraining him from mooring, navigating or securing his boat on any of its waterways. Mr Jones raised an Article 8 European Convention on Human Rights defence arguing, inter alia, that the C&RT had not carried out any or any adequate proportionality assessment. The county court at first instance struck out the Article 8 defence, a decision which the Court of Appeal has now overturned.’

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Henderson Chambers, 10th April 2017

Source: www.hendersonchambers.co.uk

Purdah: Government should obey the law in the run-up to an election – UK Human Rights Blog

Posted May 16th, 2017 in civil servants, consultations, disclosure, elections, environmental protection, news, pollution by sally

‘Last November the judge decided that the UK’s air pollution plans under EU and domestic laws were not good enough. The case has a long, and unedifying back-story of Government not doing what the law says it should do.’

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UK Human Rights Blog, 16th May 2017

Source: www.ukhumanrightsblog.com

Construction v Insolvency: Adjudicators’ decisions will be enforced, despite a statutory moratorium – Hardwicke Chambers

Posted May 16th, 2017 in arbitration, construction industry, enforcement, insolvency, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’

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Hardwicke Chambers, 24th April 2017

Source: www.hardwicke.co.uk

How outdated election rules let parties ‘buy’ marginal seats using Facebook – The Independent

Posted May 16th, 2017 in advertising, elections, expenses, internet, news by sally

‘Election rules are failing to keep pace with rapid changes in technology, allowing political parties to spend millions of pounds on locally targeted Facebook adverts with national campaign funds, experts have warned.’

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The Independent, 15th May 2017

Source: www.independent.co.uk

A Stitch in Time Saves Nine – Hardwicke Chambers

Posted May 16th, 2017 in amendments, civil justice, civil procedure rules, news, time limits by sally

‘In the well-known case of Cobbold v London Borough of Greenwich (LTL 24/5/2001) Gibson LJ said:

‘The overriding objective (of the CPR) is that the court should deal with cases justly. That includes, so far as is practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated in costs, and the public interest in the efficient administration of justice is not significantly harmed…’.’

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Hardwicke Chambers, 11th April 2017

Source: www.hardwicke.co.uk

“This is not a game” – High Court warns party that countered claimant’s budget with very low figures – Litigation Futures

Posted May 16th, 2017 in budgets, case management, costs, news by sally

‘A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.’

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Litigation Futures, 15th May 2017

Source: www.litigationfutures.com

Offenders in Rochdale child sexual abuse scandal ‘remain at large’ – The Guardian

Posted May 16th, 2017 in child abuse, negligence, news, police, sexual grooming, sexual offences by sally

‘A former Greater Manchester police detective who resigned over the force’s handling of the Rochdale child sexual abuse scandal has claimed that offenders identified in the original investigation are still free to abuse young girls in the town.’

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The Guardian, 16th May 2017

Source: www.guardian.co.uk

Lowick Rose LLP v. Swynson Ltd [2017] UKSC 32 – Hailsham Chambers

Posted May 16th, 2017 in accountants, appeals, negligence, news, Supreme Court by sally

‘The Supreme Court has now ruled on the tricky “no loss” arguments raised in this accountant’s negligence claim, reversing the decision of the lower courts. Nicola Rushton of Hailsham’s professional negligence team considers the implications.’

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Hailsham Chambers, 13th April 2017

Source: www.hailshamchambers.com

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters

Posted May 16th, 2017 in appeals, employment, employment tribunals, minimum wage, news by sally

‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’

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Cloisters, 27th April 2017

Source: www.cloisters.com