Competition: Anti-competitive damages
A tale of two trials: Mastercard, death spirals and MIFs.
Local government: Scrutinising councillor conduct
Holders of public office must be publicly accountable for their decisions and actions and able to submit to scrutiny.
Arbitration: 'Non-existent' respondents
What is the position when the respondent in the arbitration is dissolved before commencement?
Competition: Certification and the class action regime
Second-class certification judgment in relation to the Consumer Rights Act 2015 handed down.
Criminal - statutory changes
The criminal law provisions of the Policing and Crime Act 2017 have been brought substantially into force and with unusual speed.
Data protection: GDPR and employee surveilance
At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment ...
Personal injury: Untraced drivers and rights
Protections afforded to Howe must be secured.
Digital pirates – on a sinking ship?
CJEU decision could make file-sharing sites constitute as copyright infringement.
Local Government: Scope of power to prosecute
R v AB and others raises questions about the powers of local authorities.
Legal update: media law - The right of erasure
Most social media sites have no age restriction for registration and children are free to interact with the online community as they see fit. Even where they do not post information themselves, a child’s image will often feature in pictures posted by friends and family.
Post-separation accrual
Valuations for potential future accrual are becoming more complex.
‘Excessive pricing’ and pharmaceuticals
Alleged abuse of dominance through excessive pricing in the pharmaceutical sector could be curbed.
Leases and side letter concessions
Courts will intervene on one-sided landlord-biased precedent.
Barnsley in a hole
Local governments are under extreme financial pressure from pothole damage repairs
Criminal Finances Act 2017
Roger Sahota assesses a radical overhaul of the anti-money laundering and confiscation regime.
Cases shaping costs budgeting
On 1 April 2013, the 64th update to the Civil Procedure Rules came into force and brought with it the requirement for budgets to be filed and served in all multi-track claims (initially with the exception of those in the Commercial/Admiralty Courts but subsequently extended to those courts) issued on ...
Immigration: what to expect from the main parties
Laura Devine outlines the key policies that the political parties are expected to put foward in their election manifestos.
Civil procedure: Unreasonable conduct and costs
It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes.
Criminal law: Sentencing guidelines
The Sentencing Council has issued a series of significant guidelines.
Freedom of information: Subject access rights under the GDPR
When the General Data Protection Regulation (GDPR) comes into force on 25 May 2018 it will introduce a number of new obligations on data controllers. Some new data subject rights, including the right to erasure and data portability, will also be introduced. With some breaches carrying fines of up to ...
Online grooming and the law
New law welcomes protection for children from online groomers.
Local government: Councillor conduct and personal data
Local authorities are right to be punctiliously cautious about releasing sensitive personal information.
Katie Hopkins and serious harm
On 10 March Mr Justice Warby handed down judgment in Monroe v Hopkins, finding for the claimant and awarding £24,000 in damages for the publication of two defamatory tweets.
Privacy and financial remedy proceedings
Ryan Giggs, in his divorce from Stacey Giggs, is the latest high-profile individual to seek press reporting restrictions in respect of financial remedy proceedings in the family court.
Testamentary freedom – Ilott v The Blue Cross and others
Judgment finally lays to rest this extraordinarily long-running litigation saga.
Rights of audience rules
How do two recent judgments affect barristers acting as solicitor’s agents?
DNA – an unstoppable march?
A new judgment broadens the principle of bringing cases on the basis of matching DNA alone.
Civil procedure: discontinuing an arbitration claim
What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court but subsequently files and serves a notice of discontinuance?
Class certification hearings
Clear signals have been given about how the tribunal views the class action regime.
Southern rail passengers’ judicial review over train service
Passengers of the crisis-hit franchise seek action over the Department for Transport's handling of ongoing issues with Southern service.
Standards regime and sanctions
Judgment gives some clarification of the different roles of parish/town councils and principal authorities in operating the local government standards regime.
Rolls-Royce – a watershed moment?
This deferred prosecution agreement offers some useful lessons and outlines emerging trends in the law.
Post-Brexit on the pistes: winter sports and EU law
Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.
Criminal law
Criminal law updates by Anthony Edwards.
Judicial costs decisions
Appeal court case re-establishes factors which may lead to judicial intervention over costs.
Commercial property: exclusive occupation
The law on co-working rights is not always straightforward.
Brexit judgment: oil and water don’t mix
Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.
EU data protection compliance
The General Data Protection Regulation is here to stay: well beyond the date of Brexit. What do you need to know?
Local government: cuts to library provision
When local authorities plan to reduce, restructure or rationalise library services, litigation often results.
Family: sharing foreign pensions on divorce
How will a significant change from established practice affect the court’s power to rule on foreign pensions?
Patent infringement claims in China
A Canadian company's action against Sony could have wider significance for patent litigation claims.
Pay-for-delay rulings under appeal
Appeals have potentially significant ramifications for the upcoming Competition Appeal Tribunal hearings in the GSK paroxetine case.
Arbitration: service of notice
The issue of whether the correct party has been served in arbitration becomes complicated in an agent-principal scenario.
Crass methodologies for hard Brexit
It is deeply worrying that the UK appears to be renewing, perhaps with greater vigour, its commitment to reduce net migration through crass methodologies.
Local government and land disposals
West Berkshire Council found itself under section 123 fire from Faraday Development Ltd.
Wills and probate: correct terminology
The Royal Society v Robinson [2015] EWHC 3442 (Ch).
Family: financial needs on divorce
The Family Justice Council’s latest guidance is essential reading.
Commercial property: partitioning
The merits of reviewing a licence to alter office premises have been brought into focus by a recent case.
Dress code dilemmas
Employers need to consider potential discrimination issues when implementing a dress code.
Offensive weapons, sentencing and costs
Changes to the law on weapons, sentencing and disqualification.
