Legal updates

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.

Tameside hospital nhs

Civil procedure – party conduct and costs sanctions

3 October 2016By Masood Ahmed

What happens when the expectation that parties conduct themselves in a sensible and accountable manner is undermined?

Scourt

RTA victims injured abroad

26 September 2016By Malcolm Johnson

Claiming damages from the Motor Insurers’ Bureau following an accident abroad.

Para

A tale of two decisions: Olympic and Paralympic

19 September 2016By Dan Hyde

Why were some Russian Olympians allowed to compete in Rio but all of its Paralympians excluded?

Essexcouncil

When public authorities clash

19 September 2016By Nicholas Dobson

High Court judge wondered why no attempt at compromise had been made.

Daviddavis

Data protection and Brexit

5 September 2016By Ibrahim Hasan

UK data controllers are already grappling with the biggest change to EU protection in 20 years.

Poundsstacked16

Clarity on costs

9 August 2016By James Scozzi

Clear guidelines on where the ‘goalposts’ are when it comes to requesting interim payments.

Shepherdsbush

Local government: duty to give reasons

1 August 2016By Nicholas Dobson

Had the case been made when Hammersmith and Fulham LBC proposed a regeneration of Shepherd’s Bush Market?

Rcjrailings

Criminal injuries compensation

25 July 2016By Malcolm Johnson

The courts have tackled the issue of compensation for criminal injuries inflicted before birth.

Employment tribunal

Tribunal fees and access to justice

18 July 2016By Karen Baxter

The latest in the emplyment tribunal fees episode.

Timothy taylor

Landlord and tenant disputes

11 July 2016By Suzanne Gill

A recent case from high society piqued interest.

Serious Fraud Office

Lawyers and section 2 interviews

4 July 2016By Elly Proudlock

New guidance on the presence of lawyers at section 2 interviews is confrontational and likely to be counterproductive.

Masood-Ahmed

Conflicts of interest

27 June 2016By Masood Ahmed

Arbitrator bias and the International Bar Association guidelines.

Edwards

Drugs, dogs, curfews and costs

20 June 2016By Anthony Edwards

Changes to the law around psychoactive substances, dangerous dogs and legal aid travel costs.

Ricoh

Demystifying state aid decisions

13 June 2016By Nicholas Dobson

How a case involving Coventry City Football Club clarifies key principles underpinning effective decisions.

Hillsborough families

Hillsborough: the key lessons for our justice system

8 June 2016By Patrick Roche

What can lawyers learn from the tortuous 27-year struggle for justice?

Rcjabove

Commercial property: end of leases

6 June 2016By Suzanne Gill

In the hurly-burly of negotiation the wider perspective can be overlooked

Laura Devine

Brexit: the bigger picture on immigration

23 May 2016By Laura Devine

There’s more to freedom of movement than the headlines would suggest.

Mr Justice Coulson

Trial advocacy fee and fixed costs

23 May 2016By Masood Ahmed

A novel issue surrounding the trial advocacy fee came before Coulson J in the High Court.

Heather mills court

Family: needs and standard of living

16 May 2016By Andrew Newbury

The issue for many judges is the period over which the standard of living enjoyed during a marriage is to be maintained.

Baxter cut

Childcare vouchers and maternity leave

9 May 2016By Karen Baxter

Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.

Cabinetoffice

Companies and conflicts of interest

2 May 2016By Nicholas Dobson

On the face of it, the nature of conflicts of interest should be straightforward. But solicitors should be wary.

Merck

IP: brand coexistence agreements

25 April 2016By Jim McDonnell

How should a brand coexistence agreement, made long before the internet gained any kind of popularity, apply to global online use?

Pcrathband

Negligence claim over Raoul Moat shooting

18 April 2016By Malcolm Johnson

The claimants said that Northumbria Police owed PC David Rathband a duty of care to warn him of the threats made by killer Raoul Moat.

Willmott dixon stand

Part 36: concessions and intentions

11 April 2016By Masood Ahmed

The method for determining whether an offer legitimately qualifies under Part 36 was recently considered in a High Court case.

Talktalk

New rules for data protection

4 April 2016By Ibrahim Hasan

Data breach management and the new EU data protection regulation.

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