591 results
12 Nov 2019 11:44
“Bedroom tax” unlawful -Strasbourg CourtJ.D. and A v the United Kingdom (nos. 32949/17 and 34614/17) – read judgment Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its more...
12 Nov 2019 11:31
Landmark High Court decision on out of court appointments of AdministratorsIn a judgment which disagreed with the very recent reported decisions of Re Skeggs Beef Limited [2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found: Notices of Intention to Appoint Administrators can be filed at any time more...
11 Nov 2019 14:25
Living in limbo – police bail yesterday and RUI todayIn its last days, this government announced a review of its policy on pre-charge bail. This review was prompted by two powerful forces – lawyers whose clients were living in limbo and the activist lawyers at the Centre for Women’s Justice, who were worried about victims’ safety. The concerns of the more...
11 Nov 2019 10:49
Nervous shock and the Material Gap: Is Paul v. Wolverhampton a problem for nervous shock claimants?On 4 November 2019 Master Cook struck out a nervous shock claim by the children of Mr Paul who collapsed and died from an untreated heart condition whilst out on a shopping trip with them in the centre of Wolverhampton. This is the latest skirmish in a long running battle between claimants and more...
Applying to FTT for PTA to UT: time limit
If you read beyond the head note in Bhavsar (late application for PTA: procedure : South Africa) [2019] UKUT 196 (IAC) (12 April 2019) you will see that the Tribunal look at rule 33(2) FTT procedure rules which states: (2) ... an application under paragraph (1) must be sent to the Tribunal so that more...
6 Nov 2019 12:42
LegalEx 2020: 18th - 19th 18th March 2020, London’s ExCeLAfter the huge success of our last show held in March 2019, LegalEx will be back for another edition! On the 18th and 19th of March, 2020, London’s ExCeL will again play host to Europe’s most comprehensive and all-encompassing trade show for legal professionals. LegalEx 2020 is set to be the biggest more...
5 Nov 2019 15:55
Rise of the algorithmsThe use of algorithms in public sector decision making has broken through as a hot topic in recent weeks. The Guardian recently ran the “Automating Poverty” series on the use of algorithms in the welfare state. And on 29 October 2019 it was reported that the first known legal challenge to the use of more...
5 Nov 2019 11:32
Grenfell, Prisons, and the Inability to Appeal – Round UpThe Grenfell Tower Inquiry released its first report into the disaster. Its findings included: The refurbishment of Grenfell tower broke building regulations because it used a mixture of combustible cladding. This was the main reason the fire spread. Firefighters were let down by poor training, more...
5 Nov 2019 10:38
Digital court reform: the risks of user testingThis week Bob Neill MP, Chair of the Justice Committee launched their report on the government’s £1.1 billion court reform programme. “We understand that courts and tribunals are strained to breaking, with systems that ever more people are having to try to navigate for themselves. Court staff and more...
4 Nov 2019 12:22
Public users asked for views on open justiceOpen justice is a fundamental principle, essential to our justice system and of paramount importance to the rule of law. The principle requires that ‘justice should not only be done, but should manifestly and undoubtedly be seen to be done’1. We are absolutely committed to ensuring that our reformed more...
31 Oct 2019 10:23
Shortcomings found in Scottish police and prison establishmentsReport to the Government of the United Kingdom on the visit to the United Kingdom carried out by the CPT from 17 to 25 October 2018 The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) recently published a report on police and prison more...
30 Oct 2019 11:58
To post or not to post: the dangers of electronic communicationsLast summer, a ten day trial in which I was involved was adjourned. The judge recused himself after one of the party’s solicitors sent an email to the judge’s clerk enclosing a link to a website containing sensationalist (but true) information about one of the counsel involved in the case. The more...
30 Oct 2019 11:52
Third party funding agreements are not DBAsThis decision is of great importance to third party funders and those with funded cases. The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims. Some of the trucks manufacturers submitted that more...
30 Oct 2019 11:49
The validity of electronic signatures: ImplicationsThis article was first published on Lexis®PSL TMT on 23 September 2019. Click for a free trial of Lexis®PSL. Christina Gill, Associate at Walker Morris, considers the Law Commission’s recent statement concluding that electronic signatures (e-signatures) are valid. Original news Law Commission more...
29 Oct 2019 14:21
Road Haulage Association wins initial court battle in collective claim for compensation arising out of EU Trucks CartelThe Competition Appeal Tribunal (Tribunal) today handed down a landmark judgment as part of the ongoing proposed collective proceedings being brought by the Road Haulage Association (RHA) against the major European truck manufacturers. The judgment is important in the context of the fledgling more...
28 Oct 2019 16:57
“Women are equal to everything” says ex-barmaid, current President of the Supreme CourtEven before Lady Hale and her spider brooch rose to national prominence following media coverage of Miller (No 2), she was something of a hero amongst female lawyers. A trailblazer in the profession, she was the first women appointed to the Law Commission, the first female Law Lord and the first more...
28 Oct 2019 16:29
Applications for Interim Payments of Costs: An UpdateApplications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some more...
24 Oct 2019 14:14
The problem with the Rights of Entry (Gas and Electricity Boards Act 1954)How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider. 1. Energy suppliers may obtain a warrant from the Magistrates Court to enter a property and disconnect the gas supply. Such an application is made pursuant to Section 2 (1) more...
24 Oct 2019 14:00
A Change of Culture: the CJC Working Group report on Low Value Clinical Negligence ClaimsNo time to read the full 79-page report (plus a further 79 pages of appendices)? Here are the highlights - and lowlights.... The CJC working group brought together a range of stakeholders with the aim of producing recommendations for the Department for Health and Social Care in relation to fixed more...
24 Oct 2019 13:55
Global Substitution Orders: ‘A Valuable Procedural Expedient’Emma Williams examines the usefulness of the little known global substitution order When considering an application under the Civil Procedure Rules, one is usually overwhelmed by the commentary available. Rather than searching for sources, there is often a range of material to choose from. Not so, more...
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