Day: 2 November 2018

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

Posted November 2nd, 2018 in appeals, assault, communicating false information, duty of care, hospitals, medical treatment, negligence, news, personal injuries, Supreme Court by sally

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

Stay of proceedings before serving a claim form – 4 New Square

Posted November 2nd, 2018 in limitations, news, service, stay of proceedings, time limits by sally

‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’

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4 New Square, 23rd October 2018

Source: www.4newsquare.com

Bar Standards Board clarifies the responsibility of barristers to report sexual harassment – Cloisters

Posted November 2nd, 2018 in barristers, harassment, news, notification, pilot schemes by sally

‘Jen Danvers considers the Bar Standard Board’s recent regulatory update to barristers concerning the reporting of harassment and the pilot harassment support scheme.’

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Cloisters, 29th October 2018

Source: www.cloisters.com

Lee v Ashers Baking Company Ltd and others – Blackstone Chambers

Posted November 2nd, 2018 in appeals, equality, freedom of expression, homosexuality, human rights, marriage, news, Northern Ireland, political opinion discrimination, sale of goods, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’

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Blackstone Chambers, 10th October 2018

Source: www.blackstonechambers.com

Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers

Posted November 2nd, 2018 in confidentiality, contract of employment, injunctions, news, restrictive covenants by sally

‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’

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Blackstone Chambers, 1st October 2018

Source: www.employeecompetition.com

Reformation Publishing Company v CruiseCo Limited (and another) – Blackstone Chambers

Posted November 2nd, 2018 in copyright, damages, licensing, news by sally

‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’

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Blackstone Chambers, 1st November 2018

Source: www.blackstonechambers.com

Ten Top Tips for Service of Proceedings – 4 New Square

Posted November 2nd, 2018 in news, retrospectivity, service, time limits by sally

‘Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.’

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4 New Square, 24th October 2018

Source: www.4newsquare.com

Electoral law: unfit for the 21st century? – Counsel

Posted November 2nd, 2018 in brexit, elections, human rights, Law Commission, news, referendums by sally

‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’

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Counsel, November 2018

Source: www.counselmagazine.co.uk

How has the EU shaped the UK’s tax landscape – 39 Essex Chambers

Posted November 2nd, 2018 in EC law, news, statutory interpretation, taxation by sally

‘In 1973, when the UK acceded to the EU, the new legal order profoundly affected the interpretation of UK statutes, including tax statues. The infringement procedure has often led to changes in UK law, although not always to the extent initially requested. Corporation tax has become the best-known area of EU influence, with litigation over dividends, tax credits, cross-border tax relief and controlled foreign companies. EU law necessarily governs VAT, although member states are given considerable discretion both by the legislator and the courts. The doctrine of abuse of right derives from the EU legal order but the UK has played a major role in developing it. EU law has affected the activity of tax authorities, the structure of the system of appeals and the permitted structure of taxes, as well as substantive tax law. HMRC has become used to cooperation between tax authorities in the single market, and a role for EU law may arise through the terms of the EU/UK trade agreement, as well as through domestic legislation.’

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39 Essex Chambers, 29th October 2018

Source: www.39essex.com

Schedule 36 Finance Act 2008: Information Notices – 11 KBW

Posted November 2nd, 2018 in disclosure, documents, news, taxation, tribunals by sally

‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’

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11 KBW, 22nd October 2018

Source: www.11kbw.com

Covered Investment in International Investment Law – Chapter in Investment Treaty Arbitration Review – 4 New Square

Posted November 2nd, 2018 in arbitration, international law, news, treaties by sally

‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’

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4 New Square, 5th October 2018

Source: www.4newsquare.com

Service Can Be A Right Hassle – 4 New Square

Posted November 2nd, 2018 in electronic mail, news, service, solicitors by sally

‘Mr Barton attempted to serve proceedings at the very end of the period of the validity of his claim form, which Lord Sumption described as courting disaster. Mr Barton tried to serve it by email but that was invalid because Berrymans Lace Mawer LLP, the solicitors acting for the defendant, had not agreed to accept service of the proceedings by email. By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’

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4 New Square, 24th October 2018

Source: www.4newsquare.com

Four Fundamentals of Limitation Periods in Contract and Tort Claims – 4 New Square

Posted November 2nd, 2018 in contracts, limitations, news, personal injuries by sally

‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’

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4 New Square, 25th October 2018

Source: www.4newsquare.com

Prisons are new frontline in fighting crime, says Gauke – The Guardian

Posted November 2nd, 2018 in crime, criminal justice, news, police, prisons by sally

‘Jails have emerged as a new frontline in fighting crime because advances in technology mean prison walls alone are no longer effective in stopping criminals, the justice secretary has told police chiefs.’

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The Guardian, 1st November 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 2nd, 2018 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Patents Court)

Source: www.bailii.org

Man jailed for 20 years for murder of transgender woman – The Guardian

Posted November 2nd, 2018 in murder, news, sentencing, transgender persons by sally

‘A man has been jailed for at least 20 years for murdering a transgender woman during a sex and drugs binge. Jesse McDonald, 25, contacted 36-year-old Naomi Hersi through the dating website Fabswingers.com, the Old Bailey heard.’

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The Guardian, 1st November 2018

Source: www.theguardian.com

Legal technology: looking past the hype – New Law Journal

Posted November 2nd, 2018 in law firms, legal services, news by sally

‘​A changing role in changing times? Sophie Gould reports on how in-house lawyers are adopting & adapting advances in legal technology.’

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New Law Journal, 26th October 2018

Source: www.newlawjournal.co.uk

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

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Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

City council faces judicial review challenge over day centre closure – Local Government Lawyer

Posted November 2nd, 2018 in consultations, disabled persons, judicial review, learning difficulties, local government, news by sally

‘Campaigners have launched a judicial review challenge over a decision by Birmingham City Council to close a day centre used by people with a range of physical and learning disabilities.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

Do Hate Crime Laws Tackle Prejudice Or Are They Symbolic? – Rights Info

Posted November 2nd, 2018 in hate crime, news, prosecutions, racism, religiously aggravated offences, victims by sally

‘The government recently announced proposals to extend hate crime to cover hostility towards women, men and the elderly. But has the legal recognition of ‘hate’ actually helped to address prejudice and victim’s rights?’

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Rights Info, 1st November 2018

Source: rightsinfo.org