‘Prosecutors are reconsidering murder charges in the trial of eight people following a Supreme Court ruling on the joint enterprise law.’
BBC News, 19th February 2016
Source: www.bbc.co.uk
‘In order to determine the meaning of a publication in defamation, what matters is the publication taken as a whole, a High Court judge has said.’
OUT-LAW.com, 19th February 2016
Source: www.out-law.com
‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’
The Guardian, 18th February 2016
Source: www.guardian.co.uk
‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’
Family Law Week, 31st January 2016
Source: www.familylawweek.co.uk
‘The government’s investigatory powers bill lacks clarity and is sowing confusion among tech firms about the extent to which “internet connection records” will be collected, a parliamentary select committee has warned.’
The Guardian, 1st February 2016
Source: www.guardian.co.uk
‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’
Commercial Disputes Blog, 4th January 2016
Source: www.rpc.co.uk
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’
Family Law Week, 8th January 2016
Source: www.familylawweek.co.uk
‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’
Free Movement, 6th January 2016
Source: www.freemovement.org.uk
‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505
‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’
WLR Daily, 4th December 2015
Source: www.iclr.co.uk
‘In recent years it has become increasingly common for parties to a development agreement to agree to act towards one another with “good faith”. The meaning and extent of the obligations on the contracting parties imposed by such clauses is often difficult to ascertain. The purpose of this paper is to consider a number of cases in which good faith clauses, implied and express, are discussed and identify the general principles that apply to development agreements.’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘In its decision in Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’
The Guardian, 8th December 2015
Source: www.guardian.co.uk
‘Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses can (and do) “trump” any procedural restrictions on the award of costs, see, e.g. Chaplair, but, of course, it is always a question of construction as to what the clause in question covers.’
Nearly Legal, 5th December 2015
Source: www.nearlylegal.co.uk
‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘A senior druid has vowed to seek a judicial review over a government decision allowing ancient human remains from Stonehenge to be kept in a museum.’
BBC News, 2nd December 2015
Source: www.bbc.co.uk
‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’
Free Movement, 16th November 2015
Source: www.freemovement.org.uk
‘The right to fund unpopular causes is at the heart of a key case heard in the high court on Wednesday, in a legal battle that pits controversial campaigners Cage against the charity regulator.’
The Guardian, 21st October 2015
Source: www.guardian.co.uk
‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’
Free Movement, 19th October 2015
Source: www.freemovement.org.uk
‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’
Nearly Legal, 27th September 2015
Source: www.nearlylegal.co.uk
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