Day: 25 September 2019

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

Posted September 25th, 2019 in brexit, constitutional law, judicial review, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by michael

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

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New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Trans man loses landmark court fight to be called father instead of mother on baby’s birth certificate – The Independent

Posted September 25th, 2019 in birth certificates, children, equality, families, gender, human rights, news, parental rights, privacy, transgender persons, women by michael

‘The first transgender man to give birth has lost a landmark court battle that would have seen him become the first person in Britain to be listed as the child’s father instead of its mother after having a child.’

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The Independent, 25th September 2019

Source: www.independent.co.uk

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

Posted September 25th, 2019 in appeals, damages, EC law, holidays, news, references to European Court, sexual offences, Supreme Court by michael

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Derivative actions and unfair prejudice petitions, by Georgina Squire – Law Society Gazette

Posted September 25th, 2019 in company law, derivative claims, dispute resolution, families, news, partnerships, shareholders, unfairly prejudicial conduct by michael

‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted September 25th, 2019 in law reports by michael

High Court (Chancery Division)

Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) (20 September 2019)

High Court (Commercial Court)

Bank of Baroda v Maniar & Anor [2019] EWHC 2463 (Comm) (20 September 2019)

Source: www.bailii.org

 

Pupillage advice: where to get it – Counsel

Posted September 25th, 2019 in barristers, news, podcasts, pupillage by michael

‘I’ve not met anyone who found the pupillage application process easy. Even the most brilliant candidates agonise over their applications and worry about how best to prepare for that curveball interview question. So, how do you maximise the chances of success? Even before that, how do you pick the right area of law?’

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Counsel, September 2019

Source: www.counselmagazine.co.uk

Inquisitorial inquests and barrister-blaming – Counsel

Posted September 25th, 2019 in barristers, bereavement, families, inquests, legal aid, legal representation, litigants in person, news by michael

‘Families have no automatic right to legal aid at inquests where the state may be implicated and legal aid is means tested. Thus at many such hearings, the family fends for itself while culpable public bodies are represented at taxpayers’ expense.’

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Counsel, September 2019

Source: www.counselmagazine.co.uk

Legal challenge launched against CPS over plummeting rape prosecutions – The Independent

Posted September 25th, 2019 in codes of practice, Crown Prosecution Service, judicial review, news, prosecutions, rape, sexual offences, statistics by michael

‘A legal challenge has been lodged against the Crown Prosecution Service (CPS) over its handling of rape cases after the number of people charged hit a new low.’

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The Independent, 24th September 2019

Source: www.independent.co.uk

UK court rejects landlords’ challenge to Debenhams CVA – Pinsent Masons

Posted September 25th, 2019 in company law, debts, landlord & tenant, news, rent by michael

‘Court rejected landlords’ challenge to Debenhams’ CVA in what will be seen as a victory for retailers and a validation of “landlord only” CVAs.’

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Pinsent Masons, 24th Septwmber 2019

Source: www.pinsentmasons.com