Legal updates

Sainsburys

Competition: Anti-competitive damages

18 September 2017By Louise Freeman, Elaine Whiteford

A tale of two trials: Mastercard, death spirals and MIFs.

Nicholas dobson 2016

Local government: Scrutinising councillor conduct

11 September 2017By Nicholas Dobson

Holders of public office must be publicly accountable for their decisions and actions and able to submit to scrutiny.

Masood ahmed cut copy

Arbitration: 'Non-existent' respondents

4 September 2017By Masood Ahmed

What is the position when the respondent in the arbitration is dissolved before commencement?

Mastercard

Competition: Certification and the class action regime

7 August 2017By Elaine Whiteford, Louise Freeman

Second-class certification judgment in relation to the Consumer Rights Act 2015 handed down.

Edwards

Criminal - statutory changes

7 August 2017By Anthony Edwards

The criminal law provisions of the Policing and Crime Act 2017 have been brought substantially into force and with unusual speed.

Ibrahim hasan

Data protection: GDPR and employee surveilance

31 July 2017By Ibrahim Hasan

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 ...

French road

Personal injury: Untraced drivers and rights

24 July 2017By Malcolm Johnson

Protections afforded to Howe must be secured.

Tom Collins

Digital pirates – on a sinking ship?

17 July 2017By Tom Collins

CJEU decision could make file-sharing sites constitute as copyright infringement.

thurrock

Local Government: Scope of power to prosecute

10 July 2017By Nicholas Dobson

R v AB and others raises questions about the powers of local authorities.

Facebook

Legal update: media law - The right of erasure

3 July 2017By Hanna Basha, Nick Grant

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.

Andrew newbury

Post-separation accrual

19 June 2017By Andrew Newbury

Valuations for potential future accrual are becoming more complex.

Pills copy

‘Excessive pricing’ and pharmaceuticals

12 June 2017By Miranda Cole

Alleged abuse of dominance through excessive pricing in the pharmaceutical sector could be curbed.

Westwood copy

Leases and side letter concessions

5 June 2017By Suzanne Gill

Courts will intervene on one-sided landlord-biased precedent.

Potholes

Barnsley in a hole

5 June 2017By Nicholas Dobson

Local governments are under extreme financial pressure from pothole damage repairs

Roger sahota

Criminal Finances Act 2017

22 May 2017By Roger Sahota

Roger Sahota assesses a radical overhaul of the anti-money laundering and confiscation regime.

David wallis landcape

Cases shaping costs budgeting

22 May 2017By David Wallis

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 ...

Polling station

Immigration: what to expect from the main parties

15 May 2017By Laura Devine

Laura Devine outlines the key policies that the political parties are expected to put foward in their election manifestos.

RCJ

Civil procedure: Unreasonable conduct and costs

15 May 2017By Masood Ahmed

It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes.

Edwards

Criminal law: Sentencing guidelines

8 May 2017By Anthony Edwards

The Sentencing Council has issued a series of significant guidelines.

Ibrahim hasan

Freedom of information: Subject access rights under the GDPR

1 May 2017By Ibrahim Hasan

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 ...

Samantha pegg, nottingham law school

Online grooming and the law

27 April 2017By Dr Samantha Pegg

New law welcomes protection for children from online groomers.

Nicholas Dobson

Local government: Councillor conduct and personal data

24 April 2017By Nicholas Dobson

Local authorities are right to be punctiliously cautious about releasing sensitive personal information.

Rupert Earle

Katie Hopkins and serious harm

10 April 2017

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.

Ryan Giggs, in his divorce from Stacey Giggs

Privacy and financial remedy proceedings

3 April 2017

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.

Heather ilott

Testamentary freedom – Ilott v The Blue Cross and others

27 March 2017By Lesley King

Judgment finally lays to rest this extraordinarily long-running litigation saga.

Countycourtsign

Rights of audience rules

21 March 2017By Len Crowder

How do two recent judgments affect barristers acting as solicitor’s agents?

London underground

DNA – an unstoppable march?

20 March 2017By David Bentley QC

A new judgment broadens the principle of bringing cases on the basis of matching DNA alone.

Iran oil flags

Civil procedure: discontinuing an arbitration claim

13 March 2017By Masood Ahmed

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?

Master card

Class certification hearings

6 March 2017By Elaine Whiteford

Clear signals have been given about how the tribunal views the class action regime.

Southernrailprotest

Southern rail passengers’ judicial review over train service

27 February 2017By Kelly Stricklin-Coutinho

Passengers of the crisis-hit franchise seek action over the Department for Transport's handling of ongoing issues with Southern service.

Andrew Edis QC

Standards regime and sanctions

27 February 2017By Nicholas Dobson

Judgment gives some clarification of the different roles of parish/town councils and principal authorities in operating the local government standards regime.

Leveson

Rolls-Royce – a watershed moment?

20 February 2017By Lloyd Firth

This deferred prosecution agreement offers some useful lessons and outlines emerging trends in the law.

Skiing

Post-Brexit on the pistes: winter sports and EU law

14 February 2017By Chris Deacon

Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.

Edwards

Criminal law

13 February 2017By Anthony Edwards

Criminal law updates by Anthony Edwards.

Lord justice gross

Judicial costs decisions

6 February 2017By Masood Ahmed

Appeal court case re-establishes factors which may lead to judicial intervention over costs.

Workspace

Commercial property: exclusive occupation

30 January 2017By Suzanne Gill

The law on co-working rights is not always straightforward.

Millre sc

Brexit judgment: oil and water don’t mix

26 January 2017By Richard Wilson QC

Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.

Dataprotectioneu

EU data protection compliance

23 January 2017By Ibrahim Hasan

The General Data Protection Regulation is here to stay: well beyond the date of Brexit. What do you need to know?

Glamorgan council

Local government: cuts to library provision

16 January 2017By Nicholas Dobson

When local authorities plan to reduce, restructure or rationalise library services, litigation often results.

Mr Justice Mostyn

Family: sharing foreign pensions on divorce

9 January 2017By Andrew Newbury

How will a significant change from established practice affect the court’s power to rule on foreign pensions?

Sonyoffice

Patent infringement claims in China

23 December 2016

A Canadian company's action against Sony could have wider significance for patent litigation claims.

Commission

Pay-for-delay rulings under appeal

5 December 2016By Miranda Cole

Appeals have potentially significant ramifications for the upcoming Competition Appeal Tribunal hearings in the GSK paroxetine case.

Mr justice eder

Arbitration: service of notice

28 November 2016By Masood Ahmed

The issue of whether the correct party has been served in arbitration becomes complicated in an agent-principal scenario.

Amber rudd

Crass methodologies for hard Brexit

21 November 2016By Laura Devine

It is deeply worrying that the UK appears to be renewing, perhaps with greater vigour, its commitment to reduce net migration through crass methodologies.

West berkshire council

Local government and land disposals

14 November 2016By Nicholas Dobson

West Berkshire Council found itself under section 123 fire from Faraday Development Ltd.

Royalsociety

Wills and probate: correct terminology

7 November 2016By Lesley King

The Royal Society v Robinson [2015] EWHC 3442 (Ch).

High Court

Family: financial needs on divorce

31 October 2016By Andrew Newbury

The Family Justice Council’s latest guidance is essential reading.

Mr justice lewison

Commercial property: partitioning

24 October 2016By Suzanne Gill

The merits of reviewing a licence to alter office premises have been brought into focus by a recent case.

Darren Clayton

Dress code dilemmas

17 October 2016By Darren Clayton

Employers need to consider potential discrimination issues when implementing a dress code.

Edwards

Offensive weapons, sentencing and costs

10 October 2016By Anthony Edwards

Changes to the law on weapons, sentencing and disqualification.

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