Tag: indexed by MF

Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

Posted July 31st, 2024 in case management, chambers articles, dispute resolution, family courts, news by sally

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

Posted July 31st, 2024 in autism, chambers articles, disability discrimination, disabled persons, employment tribunals, news, recruitment by sally

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

New methods of service a boon to landowners seeking interim injunctions against persons unknown – Gatehouse Chambers

Posted July 31st, 2024 in chambers articles, injunctions, news, service, telecommunications by sally

‘A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown.’

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Gatehouse Chambers, 15th July 2024

Source: gatehouselaw.co.uk

Opening the Sewer-Gates: An Exploration of the Supreme Court’s Decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 – Francis Taylor Building

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Winston Churchill once remarked that “[for] my own part, I see little glory in an Empire which can rule the waves and is unable to flush its sewers”. Had he been alive today, he may have lamented that modern Britain now does neither.’

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Francis Taylor Building, 18th July 2024

Source: www.ftbchambers.co.uk

Anatomising a disaster: The Infected Blood Inquiry – Landmark Chambers

Posted July 31st, 2024 in blood products, chambers articles, government departments, health, HIV, medical treatment, news by sally

‘After 40 years of campaigning, thousands of people affected by the infected blood scandal gathered on 20 May in Westminster Central Hall to give the chair of the Infected Blood Inquiry what can only be described as a ‘rock star’ welcome.’

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Landmark Chambers, 16th July 2024

Source: landmarkchambers.co.uk

Statutory homelessness (England): The legal framework and performance – House of Commons Library

Posted July 31st, 2024 in homelessness, housing, local government, news, statistics by sally

‘An overview of the legal framework for statutory homelessness support in England and how local authorities are delivering these duties. The briefing also summarises official homelessness statistics.’

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House of Commons Library, 30th July 2024

Source: commonslibrary.parliament.uk

Alfie Lewis examines recent case law on the tort of inducing a breach of contract – Littleton Chambers

Posted July 31st, 2024 in agreements, chambers articles, contracts, inducements, injunctions, news, sale of goods by sally

‘The Court of Appeal has handed down judgment in the case of Northamber PLC v Genee World Limited anors [2024] EWCA Civ 428. Arnold LJ, with whom Phillips LJ and Lewisham LJ agreed, has shed light on important aspects of claims for inducing breach of contract.’

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Littleton Chambers, 24th July 2024

Source: littletonchambers.com

Alerter by Jack Castle – Manchester Ship Canal (No.2) and Group Litigation – Henderson Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’

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Henderson Chambers, 12th July 2024

Source: www.hendersonchambers.co.uk

Case Summary (Property): The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22 – Lamb Chambers

Posted July 31st, 2024 in chambers articles, news, nuisance, sewerage, Supreme Court, waste, water by sally

‘Absent negligence or deliberate misconduct, can owners of watercourses or bodies of water bring actions for nuisance or trespass where water is polluted from statutory sewerage undertakers?’

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Lamb Chambers, July 2024

Source: www.lambchambers.co.uk

Man jailed for life for hiring hitman to murder wife – BBC News

Posted July 30th, 2024 in conspiracy, married persons, murder, news, sentencing by sally

‘A husband who hired a hitman to murder his former wife while he was having an affair has been jailed for life with a minimum of 22 years.’

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BBC News, 29th July 2024

Source: www.bbc.co.uk

ICO hits NHS Trust and police force with enforcement notices over hundreds of unanswered FOI requests – Local Government Lawyer

Posted July 30th, 2024 in enforcement notices, freedom of information, hospitals, news, police by sally

‘The Information Commissioner’s Office (ICO) has issued enforcement notices against Devon and Cornwall Police and Barking, Havering and Redbridge Hospitals NHS Trust over hundreds of unanswered freedom of information (FOI) requests.’

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Local Government Lawyer, 29th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court grants injunction to judge harassed by brother-in-law – Legal Futures

Posted July 30th, 2024 in families, harassment, injunctions, judges, news, wills by sally

‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

Puberty blockers ban imposed by Tory government is lawful, high court rules – The Guardian

Posted July 30th, 2024 in children, consultations, emergency powers, judicial review, medicines, ministers' powers and duties, news, transgender persons by sally

‘A ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland and Wales was lawful, a high court judge has ruled.’

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The Guardian, 29th July 2024

Source: www.theguardian.com

Imprisonment for Public Protection: No more kicking the can – Mountford Chambers

Posted July 29th, 2024 in chambers articles, dangerous offenders, imprisonment, news, parole, public interest, sentencing by sally

‘With an election taking place during the Euros, it is almost too tempting to describe the Labour Party as running towards an open goal. A new government is almost seen as inevitable, with the real question being the size of its majority. Yet it remains unclear whether this change will embolden much-needed reform to the criminal justice system. For any future Justice Secretary, addressing the plight of those serving sentences of Imprisonment for Public Protection (IPP) must be at the top of their to-do list.’

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Mountford Chambersm 1st July 2024

Source: www.mountfordchambers.com

Provisional damages in clinical negligence claims: Practical steps to consider – St John’s Chambers

Posted July 29th, 2024 in chambers articles, damages, doctors, hospitals, negligence, news by sally

‘Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.’

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St John's Chambers, 3rd July 2024

Source: www.stjohnschambers.co.uk

Successful EAT appeal on fairness of dismissal for redundancy – Cloisters

Posted July 29th, 2024 in chambers articles, employment tribunals, news, redundancy, unfair dismissal by sally

‘In Williams and ors v Compair Maxam [1982] ICR 156, the EAT laid down guidelines that a reasonable employer is expected to follow when undertaking dismissal by reason of redundancy and against which fairness or unfairness under s.98(4) ERA is judged. The fifth principle, at [162F], is: ‘The employer will seek to see whether instead of dismissing an employee he could offer him alternative employment.’’

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Cloisters, 29th July 2024

Source: www.cloisters.com

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers

Posted July 29th, 2024 in chambers articles, contracts, costs, indemnities, interpretation, loans, news, penalties by sally

‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’

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Falcon Chambers, 4th July 2024

Source: www.falcon-chambers.com

Failure to Clarify Immigration Status in Care Proceedings by Lucy Coen – Broadway Chambers

Posted July 29th, 2024 in care orders, chambers articles, children, citizenship, guardianship, immigration, local government, news by sally

‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’

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Broadway Chambers, 29th July 2024

Source: www.broadwayhouse.co.uk

Qualified Legal Representatives – the challenges so far – Becket Chambers

Posted July 29th, 2024 in chambers articles, cross-examination, family courts, jurisdiction, legal representation, litigants in person, news by sally

‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’

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Becket Chambers, 2nd July 2024

Source: becket-chambers.co.uk