European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

Full story

The Independent, 8th November 2016

Source: www.independent.co.uk

Revenge porn: Widening the net? – Halsbury’s Law Exchange

Posted July 5th, 2016 in amendments, harassment, internet, legislation, news, pornography, Scotland, victims by sally

‘Little over a year has passed since the Criminal Justice and Courts Act 2015 (CJCA 2015) came into force, making it a criminal offence to disclose private sexual material with the intent of causing fear and distress; legislating for the increase in so called ‘revenge porn’. A slow uptake in successful convictions for this offence has prompted the tabling of further amendments which would serve to widen the ambit of revenge porn criminality, to lower the bar for prosecutions and to encourage reporting of these crimes by granting anonymity to victims.’

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Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

And the first shall be last – Nearly Legal

Posted May 31st, 2016 in amendments, housing, landlord & tenant, local government, news by tracey

‘An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession proceedings against someone who was not a tenant under either agreement. Just how was this going to work out.’

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Nearly Legal, 30th May 2016

Source: www.nearlylegal.co.uk

Government avoids defeat over lone child refugees call – BBC News

Posted April 26th, 2016 in amendments, bills, children, immigration, news, refugees by sally

‘MPs have voted against an attempt to force the government to allow 3,000 unaccompanied child refugees into the UK from Europe.’

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BBC News, 26th April 2016

Source: www.bbc.co.uk

Examining the new Criminal Procedure Rules 2015 – Halsbury’s Law Exchange

Posted August 5th, 2015 in amendments, criminal procedure, news, regulations by sally

‘How have the new Criminal Procedure Rules 2015 (Crim PR 2015) restated or amended previous legislation?’

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Halsbury’s Law Exchange, 5th August 2015

Source: www.halsburyslawexchange.co.uk

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Requesting a court revisit its judgment – Law Society’s Gazette

Posted July 27th, 2015 in amendments, judgments, legal representation, news, time limits by sally

‘The recent case of Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) considered the extent to which a court may exercise its discretion and revisit its judgment in the light of a new point.’

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Law Society’s Gazette, 27th July 2015

Source: www.lawgazette.co.uk

Late applications to amend come a cropper in High Court – Litigation Futures

Posted April 30th, 2015 in amendments, banking, case management, delay, evidence, litigants in person, news by sally

‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
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Litigation Futures, 29th April 2015

Source: www.litigationfutures.com

Variation of employment contracts – Hardwicke Chambers

Posted March 17th, 2015 in amendments, contract of employment, employment, employment tribunals, news by sally

‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’

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Hardwicke Chambers, 18th February 2015

Source: www.hardwicke.co.uk

Lords inflict government defeat over visa laws – BBC News

Posted February 26th, 2015 in amendments, bills, news, parliament, visas by sally

‘The government has suffered a narrow defeat in the House of Lords over its Modern Slavery Bill.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

MPs reject backbench bid to amend abortion laws – BBC News

Posted February 24th, 2015 in abortion, amendments, gender, news, parliament, sex discrimination by sally

‘MPs have defeated a cross-party bid to clarify in law that abortion on the grounds of gender alone is illegal in the UK.’

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BBC News, 24th February 2015

Source: www.bbc.co.uk

Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Rewriting the Register? Statutory powers and jurisdiction to amend the Register of Companies – 11 Stone Buildings

Posted June 5th, 2014 in amendments, company law, documents, news by sally

‘In Registrar of Companies v Angela Swarbrick, Maurice Moses and Craig Lewis (as Joint Administrators of Gardenprime Limited) [2014] EWHC 1466 (Ch), the High Court provides guidance on the provisions of the Companies Act 2006 which permit the removal of unnecessary material on the Register of Companies and clarifies the extent of the Court’s jurisdiction to control the Registrar of Companies’ functions in this regard. Sarah Clarke explains a decision which is likely to expand the circumstances in which the Registrar will agree to remove material.’

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11 Stone Buildings, May 2014

Source: www.11sb.com

Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

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New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

Bankers may be jailed under proposed new UK law – BBC News

Posted October 3rd, 2013 in amendments, banking, bills, crime, news by sally

“Senior bankers could face criminal charges for ‘reckless’ misconduct leading to the fall of a bank, under new UK government plans.”

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BBC News, 1st October 2013

Source: www.bbc.co.uk

Hillsborough: Fans’ accounts and more police statements ‘amended’ – BBC News

Posted September 11th, 2013 in amendments, evidence, inquests, news, ombudsmen, police, sport by tracey

“Statements of a further 74 police officers involved in the Hillsborough stadium disaster ‘may have been amended’, the police watchdog has said.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

Regina v Chapman – WLR Daily

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Permission to amend after expiry of time limits – and an unfair hearing – UK Human Rights Blog

Posted July 19th, 2013 in amendments, appeals, civil procedure rules, news, planning, time limits by sally

“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”

Full story

UK Human Rights Blog, 18th July 2013

Source: www.ukhumanrightsblog.com