Month: October 2018

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association

Posted October 24th, 2018 in appeals, jurisdiction, news, Northern Ireland, statutory interpretation, Supreme Court by tracey

‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’

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UK Constitutional Law Association, 23rd October 2018

Source: ukconstitutionallaw.org

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

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Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, civil procedure rules, news, personal injuries, pre-action conduct, service, stay of proceedings, time limits by tracey

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

The inheritance tax burden and civil partnerships for cohabiting siblings: right idea, wrong approach? – Family Law

Posted October 24th, 2018 in bills, civil partnerships, cohabitation, equality, families, homosexuality, inheritance tax, marriage, news by tracey

‘Family Law in Partnership director David Allison and associate Carla Ditz re-examine how and why civil partnerships came into being, the successful campaign to allow heterosexual couples to enter into a civil partnership and the proposals for 2committed siblings” to be able to form civil partnerships.’

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Family Law, 24th October 2018

Source: www.familylaw.co.uk

Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law – Courts and Tribunals Judiciary

Posted October 24th, 2018 in Commercial Court, contracts, damages, enforcement, speeches by tracey

‘Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law.’

Full speech

Courts and Tribunals Judiciary, 22nd October 2018

Source: www.judiciary.uk

Court of Appeal offers clarity on patent ‘standards’ – Law Society’s Gazette

Posted October 24th, 2018 in appeals, injunctions, licensing, news, patents, telecommunications by tracey

‘A battle over appropriate licensing methods for patents deemed essential for a particular industry’s technical standards could be heading to the Supreme Court after the Court of Appeal today upheld a lower court’s ruling. Companies that own SEPs are required to license those patents at a fair, reasonable and non-discriminatory rate, known as FRAND. In Unwired Planet v Huawei, the Court of Appeal accepted the High Court’s determination that an owner of a standard-essential patent (SEP) for mobile phones can meet its obligations to making rights available fairly by offering a worldwide licence. Lord Justice Kitchin’s ruling added that if that offer is refused, an alleged infringer may be subject to an injunction.’

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Law Society's Gazette, 23rd October 2018

Source: www.lawgazette.co.uk

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

Posted October 24th, 2018 in agreements, appeals, bullying, complaints, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, racism, sexual offences by tracey

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

Posted October 24th, 2018 in conflict of laws, documents, EC law, electronic mail, families, international law, news, service out of jurisdiction by tracey

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

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Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

Inspectors sent in to protect mothers and babies at scandal-hit Shrewsbury and Telford hospitals – Daily Telegraph

Posted October 24th, 2018 in birth, causing death of children or vulnerable adults, doctors, health, hospitals, negligence, news, ombudsmen, pregnancy, professional conduct, statistics by tracey

‘Health watchdogs have been sent into a scandal-hit hospital trust where dozens of deaths are being investigated in order to protect mothers and babies. The Care Quality Commission said it was taking “urgent action to protect people” at the Shrewsbury and Telford Hospital NHS Trust after a snap inspection found that doctors were failing to spot worrying symptoms on baby scans.’

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Daily Telegraph, 23rd October 2018

Source: www.telegraph.co.uk

The rogue landlord’s loopholes: how the law fails renters – The Guardian

Posted October 24th, 2018 in enforcement, housing, landlord & tenant, licensing, local government, news by tracey

‘The legislation designed to catch rogue landlords is vast and very complex. Landlords can be prosecuted under various pieces of law, including the Housing Act (2004), the Protection from Eviction Act (1977), the Health and Safety at Work Act (1974) and Regulatory Reform (Fire Safety) Order (2005). All of that legislation creates a confusing landscape. It can be difficult to work out how it all fits together, and even within individual acts there are loopholes.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

Ford, Fiat and Nissan ads banned for dangerous driving – BBC News

Posted October 24th, 2018 in advertising, complaints, dangerous driving, news, ombudsmen, road safety by tracey

‘Three different carmakers have had ads banned for encouraging unsafe driving.’

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BBC News, 23rd October 2018

Source: www.bbc.co.uk

London Zoo fined after keeper fell from faulty stepladder retrieved from skip – Daily Telegraph

Posted October 24th, 2018 in accidents, animals, charities, employment, fines, health & safety, news, personal injuries by tracey

‘London Zoo has been fined £40,000 after a keeper cleaning out a hawk aviary fell off a faulty step ladder that was wrongly retrieved from a skip.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Julian Cole: Three Bedfordshire Police officers sacked – BBC News

Posted October 24th, 2018 in disciplinary procedures, duty of care, news, personal injuries, police, professional conduct by tracey

‘Three PCs involved in arresting a man left paralysed and brain-damaged have been sacked after being found guilty by a misconduct panel.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

Police Federation launches legal action against government for ‘cheating officers out of pay rise they deserve’ – The Independent

Posted October 24th, 2018 in budgets, judicial review, news, police, remuneration, statistics, stop and search, violent offenders, weapons by tracey

‘An association representing 120,000 police officers has launched legal action accusing the government of “cheating officers out of the pay increase they should receive”. The Police Federation said it had lodged an application for a judicial review of the decision to ignore an independent body’s recommended 3 per cent increase amid a rise in crime, demand and the terror threat.’

Full Story

The Independent, 23rd October 2018

Source: www.independent.co.uk

Lawyers for a People’s Vote – Oxford Human Rights Hub

Posted October 23rd, 2018 in barristers, brexit, demonstrations, news, referendums, solicitors by sally

‘Lawyers for a People’s Vote has been established to support the calls for a People’s Vote on the final Brexit deal negotiated by the Government.’

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Oxford Human Rights Hub, 22nd October 2018

Source: ohrh.law.ox.ac.uk

Judge refuses to lift suspension on award of community health services contract – Local Government Lawyer

Posted October 23rd, 2018 in community care, contracting out, contracts, health, hospitals, news by sally

‘A High Court judge has refused to lift the automatic suspension in place following a legal challenge to the proposed award of a contract for adult community health services.’

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Local Government Lawyer, 22nd October 2018

Source: www.localgovernmentlawyer.co.uk

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

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Panopticon, 22nd October 2018

Source: panopticonblog.com

‘Common sense prevails’ when work began before contract finalised – OUT-LAW.com

Posted October 23rd, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by sally

‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’

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OUT-LAW.com, 23rd October 2018

Source: www.out-law.com

Civil Liability Bill “undermines Lord Chancellor’s oath of office” – Legal Futures

Posted October 23rd, 2018 in accidents, bills, civil justice, compensation, judiciary, limitations, lord chancellor, news, personal injuries, road traffic, time limits by sally

‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’

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Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

Posted October 23rd, 2018 in accidents, costs, disclosure, documents, insurance, limitations, news, pre-action conduct, road traffic by sally

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com