‘Taken from our recent seminar, ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, Mathew Barnes asks the question in his talk about remediation – Can you teach an old dog new tricks?’
Law Pod UK, 18th February 2019
Source: audioboom.com
‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
‘The work done by pioneering law firm Bott & Co in bringing uncontested flight delay claims does not amount to litigation services and so it cannot claim an equitable lien over the damages for its costs, the Court of Appeal has ruled.’
Litigation Futures, 13th February 2019
Source: www.litigationfutures.com
‘Two men who between them spent 24 years in prison before their convictions were overturned are not entitled to compensation, judges have ruled.’
The Independent, 30th January 2019
Source: www.independent.co.uk
‘Thousands of people with minor or old convictions could be freed from having to declare them to employers in children’s and other services after a landmark supreme court judgement.’
Daily Telegraph, 30th January 2019
Source: www.telegraph.co.uk
‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’
The Independent, 31st January 2019
Source: www.independent.co.uk
‘The case was about the meaning of the Equality Act 2010, s 120(7), which removes from the jurisdiction of the employment tribunal any decision which is “subject to an appeal or proceedings in the nature of an appeal”.’
UKSC Blog, 29th January 2019
Source: ukscblog.com
‘This case relates to a point of statutory construction in the Representation of the People Act 1983, s 90C(1)(a). The question was whether goods, services, or facilities provided free-of-charge or at a discount to a candidate for election need to be declared by the candidate as an election expense even if they had not been authorised by the candidate, their election agent, or someone else authorised by the candidate or agent.’
UKSC Blog, 29th January 2019
Source: ukscblog.com
‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’
The Guardian, 30th January 2019
Source: www.theguardian.com
‘On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final resolution CM/ResDH(2018)467. Thirteen years after Hirst v United Kingdom (No.2) (2006) 42 EHRR 41 (Hirst) was made final, the protracted prisoner voting stalemate is over. Case closed. Or is it?’
UK Constitutional Law Association, 30th January 2019
Source: ukconstitutionallaw.org
‘A woman who claimed on Facebook that her ex-husband tried to strangle her is set to fight a judge’s ruling that she is guilty of defamation because he wasn’t trying to kill her. Nicola Stocker, 51, will argue before the Supreme Court that she had used common language to describe the attack by her millionaire ex-husband, for which he was arrested, when talking to his new lover.’
Daily Telegraph, 23rd January 2019
Source: www.telegraph.co.uk
‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’
OUT-LAW.com, 17th January 2019
Source: www.out-law.com
‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’
Law Society's Gazette, 16th January 2019
Source: www.lawgazette.co.uk
‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’
OUT-LAW.com, 11th January 2018
Source: www.out-law.com
‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’
Legal Futures, 14th January 2018
Source: www.legalfutures.co.uk
‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’
UK Constitutional Law Association, 18th December 2018
Source: ukconstitutionallaw.org
‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’
Local Government Lawyer, 17th December 2018
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
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