591 results
24 Oct 2019 13:46
The Limits of Applying Partnership Law to Quasi-Partnership Companies: Badyal v Badyal & Ors [2019] EWCA Civ 1644To secure an order for the #winding-up of a Quasi-Partnership company on the Just& Equitable ground, is it necessary only to show that mutual trust and confidence between the shareholders/quasi-partners has broken down? Hardwicke investigates the recent case of Badyal v Badyal & Ors [2019] EWCA more...
23 Oct 2019 09:16
The Round-Up: The Heathrow Expansion and Law’s Expanding EmpireIn the News The debate about the proper role of judges in our democracy has taken on the shape of the political landscape in which we find ourselves: pitched between two distant poles. Lord Sumption’s Reith lectures put forward the thesis that the courts have been getting more powerful while more...
23 Oct 2019 09:12
‘Mixed’ police claims: Court of Appeal confirms QOCS protection is not automaticLast year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for more...
22 Oct 2019 10:30
Reforming probate: learning from experienceI remember going through probate when my father died in 2013. I would not wish my experience of the service on anyone, let alone someone grieving. Over the last two years, we have made big changes to make the service simpler, more intelligent, and less intrusive. Not everything has gone as more...
22 Oct 2019 09:47
There is no justice without independent and unafraid judgesThis week a former judge, Claire Gilham won her case to have her rights as a whistleblower respected. The Ministry of Justice had claimed that judges are not employees and therefore did not enjoy these rights. The Supreme Court disagreed. Former District Judge Gilham responded to the judgment “You more...
22 Oct 2019 09:20
Do juries need to be told more about mental health?Since the onset of historic sex prosecutions in the 1980s and the gradual erosion of protections such as the need for corroboration, the reliability of the complainant is key. But what if the complainant has got it wrong? Worse still, what if they believe they have got it right? Surely, there is no more...
17 Oct 2019 09:57
Supreme Court decides that a Judge can rely on whistleblowing protectionSupreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here. Gilham v Ministry of Justice [2019] UKSC 44 The more...
17 Oct 2019 09:55
All Hale Parliament: Responding to the Reith LecturesLady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, more...
15 Oct 2019 12:07
Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC)In Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC) Arthur Graham-Dixon successfully represented the Defendant employer (‘HSMC’) in resisting the Claimant’s (‘Meadowside’) application for summary judgment to enforce an more...
14 Oct 2019 11:49
Police receptionist represented by Rachael Woods spared jail after accessing computer dataA police receptionist represented by Rachael Woods from Exchange Chambers has been spared jail after accessing her force’s confidential database. Ex-prison warder, Jacqueline Wilson, 52, made checks on police investigations after former workmate Jacqueline Goosey, 52, asked her for information about more...
14 Oct 2019 11:43
Ian Whitehurst granted leave to appeal in confiscation caseIan Whitehurst from Exchange Chambers, instructed by Adrian Williams from Forbes Solicitors, has this week appeared in the Court of Appeal Criminal Division where he has been granted leave to appeal by the Lord Chief Justice (sitting with a full court) in a confiscation case. The court directed that more...
14 Oct 2019 11:25
Applying principles of performance management to the justice systemAt HMCTS, we’ve historically measured ourselves on the time it takes to “dispose of” a case – in other words, how long do people have to wait from the time a case is lodged with us, to getting a decision or outcome. We’ve also carefully counted the number of “sitting days” that our budget is more...
8 Oct 2019 10:13
High Court dismisses challenge to BEIS’ smart meter programmeLewis J has dismissed an application for judicial review of three decisions dealing with the rollout of the Government’s smart metering programme. Since 2011, the Department for Business, Energy, Innovation and Skills (BEIS) has been progressing a flagship policy to ensure that every domestic home more...
8 Oct 2019 10:10
New joint venture to support next generation of barristersExchange Chambers and Lancaster University Law School will this autumn launch an exciting new joint venture with regard to Chambers’ outreach programme and teaching at the University. Barristers from Exchange Chambers, one of the country’s largest barristers’ Chambers, in conjunction with Dr Cerian more...
8 Oct 2019 10:06
Listening to the voice of public users to redesign our servicesThe justice system is for everyone. Even when we’re not using it directly, the fact that it exists is fundamental to our way of life. In this respect, we are all ‘users’ of the justice system. Putting the people who use our courts and tribunals – all those who want or need to access justice, as well more...
8 Oct 2019 09:32
British Airways faces mass legal action after Mr Justice Warby grants group litigation orderHalf a million British Airways (BA) customers have been given the go ahead to bring compensation claims against the airline at the High Court over a data breach. BA is already facing a potential £183 million penalty by the Information Commissioner’s Office (ICO). The airline reported that it had more...
8 Oct 2019 09:26
Browser Generated Information: “loss of control” entitles search engine users to compensationRichard Lloyd v. Google LLC [2019] EWCA Civ 1599 The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s more...
Eason Rajah QC, Leon Pickering and Bryony Robinson successfully act for the 8th Nazim of Hyderabad
Eason Rajah QC, Leon Pickering and Bryony Robinson have successfully acted for the current 8th Nazim of Hyderabad. The judgment of the £35m legal dispute, which originated in 1948, can be found here. Ten Old Square were instructed by Paul Hewitt of Withers LLP. An article about the case in the more...
7 Oct 2019 14:20
Abolishing private schools and redistributing their assets: social justice at the expense of human rights?A short examination of whether the policy endorsed by the Labour Party as part of its pledge to support social justice can be justified in law or is a flagrant contravention of human rights. This article was first published in Counsel magazine. It didn’t take long for some rather well-known lawyers more...
3 Oct 2019 14:08
Using user experience principles in the administration of justiceSidonie Kingsmill, Posted on:3 October 2019 - Categories:Customer experience and research, Digital services, Transformation - Courts and Tribunals 2022 When I first arrived at HMCTS four years ago, we weren’t sure what was important to our users. We knew they wanted to get a decision from a judge, more...
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