Legal updates – Page 18
-
-
FeatureApplying for relief against forfeiture
Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)
-
FeaturePlanning consent contrary to advice
What legal duty does a local planning authority have to state reasons behind a decision, against the advice of its own professional advisers, to grant a controversial development?
-
FeatureEU treaty breaches and national courts
Undertakings investigated by the European Commission that offer commitments, while avoiding a formal finding of infringement binding on the national court, may not prevent those who consider themselves harmed by the conduct from bringing actions for damages.
-
FeaturePrivacy and disclosure
Two recent cases at the Court of Appeal considered the application of article 8 to Disclosure and Barring Service (DBS) checks.
-
FeatureFuture status of EU citizens and families
On 8 December 2017 the European Commission and UK government issued a Joint Report on the progress of article 50 talks to date. A week later the stage was set to proceed.
-
FeaturePre-action disclosure of insurance policies
Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).
-
FeatureEmployment: Is the gig finally up for Uber?
The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.
-
FeatureCouncillor disqualification
The government is considering the disqualification criteria for councillors and mayors – and practitioner feedback is welcome
-
FeatureCriminal: General defences
In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving.
-
FeatureLitigation – 2017 in review
BPE Solicitors v Hughes-Holland [2017] UKSC 21, a solicitors’ negligence claim, was the Supreme Court’s first opportunity to review the 20-year-old House of Lords SAAMCO principle, which underpins the calculation of loss in professional negligence claims. The court reaffirmed the SAAMCO judgment, referred to by Lord Sumption as ‘one of ...
-
FeatureCommercial property: Restrictive covenants
There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an ...
-
-
FeatureGoing Dutch
The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.
-
FeatureAssisted dying: A right to autonomy and dignity
Stage is set for the next round of assisted dying litigation.
-
FeatureCards on the table for criminal solicitors
Ivey could cause a revision in the laws on dishonesty.
-
FeaturePersonal injury: Foster carers and vicarious liability
Supreme Court reverses decision of the Court of Appeal, deciding that a local authority could be vicariously liable for torts committed by foster carers against children in local authority care.
-
Law ReportCouncil vicariously liable for abuse committed by foster parents
Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.
-
FeatureConstruction: Adjudication – unilateral withdrawal
Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?
-
FeatureIntellectual property: A stress on technical advantages
The US Federal Circuit’s latest struggles with the Alice decision could have a positive impact for UK patent litigators