“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”
OUT-LAW.com, 28th February 2013
Source: www.out-law.com
“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”
WLR Daily, February 2013
Source: www.iclr.co.uk
Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382
“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
“It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which
may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim
and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.”
Full story (PDF)
Cloisters, November 2012
Source: www.cloisters.com
“A code of conduct for third-party litigation funders is “working well” one year on from its adoption and there are no plans to replace it with a system of mandatory regulation, according to one of its authors.”
OUT-LAW.com, 3rd December 2012
Source: www.out-law.com
“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”
Panopticon, 28th November 2012
Source: www.panopticonblog.com
“Behavioural advertising networks will be subject to UK advertising rules from February next year, the advertising regulator has said.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
SerVaas Inc v Rafidain Bank: [2012] UKSC 40; [2012] WLR (D) 257
“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”
WLR Daily, 17th August 2012
Source: www.iclr.co.uk
“The Supreme Court has today delivered its Judgment in the case of T (children) [2012] UKSC 36 concerning the liability of a local authority to pay the costs of a party to care proceedings.”
Hardwicke Chambers, 25th July 2012
Source: www.hardwicke.co.uk
“This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements and may be said to have funded or controlled litigation.”
Full story (PDF)
4 New Square, 25th July 2012
Source: www.4newsquare.com
“A high court judge will be told on Thursday that the 2011 census was unlawful because a provision in the act that governs it allows data to be passed to third parties.”
The Guardian, 21st June 2012
Source: www.guardian.co.uk
“Third parties should be able to complain about lawyers to the Legal Ombudsman, the Legal Services Consumer Panel has suggested.”
Law Society’s Gazette, 7th June 2012
Source: www.lawgazette.co.uk
“Champerty used to be a crime. Now it is known as third-party litigation funding and has developed into an investment industry backed by up to £500m of investor cash looking for lucrative courtroom opportunities.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
“A local authority in London was ‘justified’ in not disclosing an email that recorded the ‘substance’ of a telephone conversation between a staff member and a third party because it would have been a breach of confidence to do so, an Information Rights Tribunal has ruled.”
OUT-LAW.com, 22nd May 2012
Source: www.out-law.com
“Rules making companies liable for harassment of their employees by third parties is one of a number of ‘unnecessary’ discrimination regulations that could be repealed in a drive to remove employment law related ‘red tape’, the Government has announced.”
OUT-LAW.com, 21st May 2012
Source: www.out-law.com
DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127
“The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if that third party acted on their behalf or if they were under the responsibility of the broadcaster.”
WLR Daily, 26th April 2012
Source: www.iclr.co.uk
“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”
Family Law Week, 30th March 2012
Source: www.familylawweek.com
Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574; [2011] WLR (D) 39
“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
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