News / Resources

Please find all details of up and coming events, seminars, news, publications and articles from the members of 4-5 Gray's Inn Square.

06/06/2017

Costs budgeting: SARPD Oil International Ltd v. Addax Energy SA [2016] EWCA Civ 120 is overruled by the CPR

Changes made on 1 April 2017 suppress the effect of SARPD Oil International Ltd v. Addax Energy SA [2016] EWCA Civ 120, writes Vivienne Sedgley. Please click below for the article Costs Budgeting Article

06/06/2017

Court of Appeal decision on jurisdictional challenges: Apex Global Management Ltd v Global Torch Ltd [2017] EWCA Civ 315

Vivienne Sedgley summarises the Court of Appeal’s guidance on challenging jurisdiction. In brief, they should be raised at the outset of proceedings and late challenges should be treated as applications for relief from sanction. Please click below for the summary Jurisdiction Article  

06/06/2017

Freezing Orders: A 2017 Update

Max Shephard provides a short guide to freezing orders and commentary on: (1) Injunctions and supported applications under the Insolvency Act 1986; (2) The dissipation of assets in notification injunctions following the case of Candy v. Holyoake [2017]; and (3) Whether injunctions can be used to cut across the Proceeds of Crime Act 2002 following […]

06/06/2017

Privilege and Internal Investigations in the wake of SFO v. Eurasian Natural Resources Corporation Limited [2017] EWHC 1017 (QB)

Corporates facing internal white collar investigations left with much to consider following a landmark High Court privilege decision, writes Raoul Colvile. Please click the below  Privilege and Internal Investigations

06/06/2017

The Insolvency Rules: A 2017 update

The Insolvency Rules were updated on 1 April 2017. Salma Duncan outlines the key Changes. Please click below for the update. Insolvency Rules Article

19/04/2017

4-5 Gray’s Inn Square – The General Election 2017

Retaining the 4-5 Gray’s Inn Square Election Team - Election Law Poster

13/04/2017

Jane Lambert – Court of Appeal upholds Birss J in Unwired Planet v Huawei

Please see below a link to Jane Lambert’s article regarding the recent Unwired Planet v Huawei judgement. http://nipclaw.blogspot.co.uk/2017/04/court-of-appeal-upholds-birss-j-in.html    

16/02/2017

Supreme Court delivers verdict on landmark ‘Brexit’ case

          The Supreme Court delivered judgement in the case of R (Miller) v Secretary of State for Exiting the European Union  [2017] UKSC 5 on 24th January 2017.  It ruled by a majority of 8:3 that the Government cannot trigger Article 50 without an Act of Parliament. Full details of the […]

18/01/2017

Just where does Mrs May’s Speech leave the Unified Patent Court?

          In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent’s website) the Prime Minister acknowledged that “Britain might at times have been seen as an awkward member state” However, there is one policy upon which we have always been impeccably communautaire […]

12/01/2017

Rupert Beloff writes about Gender Verification in Sport

        Rupert Beloff’s article entitled ‘Gender Verification, Hyperandrogenism and Athletics – A Moral Maze’ explores the history of gender verification in sport and recent developments. It is published in Sports Resolutions’ Sports Arbitration Handbook 2017-18. Click here for link

06/01/2017

Satinder Hunjan QC contributes to LawInSport feature on Key sports law cases of 2016

          A year like no other! Click here for link: Key sports law cases of 2016 – UK & Ireland   Satinder undertakes some of the most complex and valuable sports injury, clinical negligence and personal injury cases that are litigated. Most of the cases which he is involved with have […]

05/12/2016

Anti-Social media – By Athelstane Aamodt

Athelstane Aamodt examines the new CPS guidance on cases involving communications sent via social media. The law has long been concerned with what people can and cannot say publicly. As long ago as 130AD a Praetor’s Edict (a proclamation of Roman law) held that shouting at someone contrary to good morals could be punishable. In […]

13/09/2016

Thought leadership and expertise in dispute resolution

Touching on thought leadership and expertise in dispute resolution John Campbell SC .         Click here for full article

05/09/2016

IP After Brexit by Jane Lambert

        A few days after the EU referendum, Lady Neville-Rolfe, the  Minister for Intellectual Property, told the British group of the Union of European Practitioners in Intellectual Property in a speech entitled National and International-level concerns and developments regarding the IP landscape  that “The UK has one of the world’s best intellectual property environments. […]

31/08/2016

Drones: flightpath to the future?

Joseph Dalby SC and Ruhi Sethi-Smith examine the many legal issues that may flow from increased drone use. Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK. Suddenly, anyone can ‘get into’ aviation, resulting in reported near misses with bigger […]

30/08/2016

Pilot schemes in the Court of Protection

          Vivienne Sedgley and Lee Parkhill summarise the key points for two pilot schemes commencing in the Court of Protection next month. Local Government Lawyer – Full Article

27/07/2016

Athelstane Aamodt examines recent interesting developments for the world of media law

A media frenzy It’s been a very interesting six months or so in the world of media law. Perhaps the two most prominent developments have been in the sphere of privacy, first in the publication of the new EU General Data Protection Regulation, and second in the much publicised Supreme Court case of PJS v […]

10/06/2016

Extradition from the UK to India by Karishma Vora

          Introduction This is an article on cutting edge developments in extraditing Indian nationals who have fled to the UK in recent times. It demonstrates that the extradition process is not as easy as one might expect. Extradition is a formal process whereby one country asks another country to return a […]

26/05/2016

Blowing in the wind – Athelstane Aamodt & Michael Paulin

There has been something of a frisson in the world of employment law with the judgment of the Employment Appeal Tribunal (EAT) in the case of Kilraine v London Borough of Wandsworth [2016] UKEAT/0260/15/JOJ (26 January 2016). The judgment of the President of the EAT, Mr Justice Langstaff, analysed what “information” means in the context […]

26/04/2016

Non-domestic rate collection: never too late? By Marc Samuels

          In the first of his three-part series on debt recovery, Marc Samuels revisits the circumstances in which local authorities can issue late demands for non-domestic business rates. National non-domestic rating (NNDR) recovery is a chore for local government practitioners for a variety of reasons – pursuit of the often unknown […]

14/04/2016

Does Panama furore distract from main issue?

          Legal World News 15th April 2016 New Law Journal “Hyperbole” surrounding the Panama Papers disclosure may be obscuring the main issue of multinational corporations’ tax arrangements,  financial regulation QC Phillip Hackett says… Click link below for full article. http://www.newlawjournal.co.uk/nlj/content/does-panama-furore-distract-main-issue  

06/04/2016

Jane Lambert Speaks with Kluwer Patent Blog

        European Union, Unitary Patent, United Kingdom, UPC ‘A Brexit will not necessarily delay the start of the Unitary Patent system’ Hopefully the United Kingdon won’t jeopardize the Unitary Patent project with a vote to withdraw the European Union, says Jane Lambert, barrister from 4-5 Gray’s Inn Square in London. ‘However, it could still continue […]

18/02/2016

Phillip Pattterson features in Insolvency Intelligence

          Indefinite suspension of discharge from bankruptcy – a worrying trend? Insolvency Intelligence – Full Article

16/02/2016

Guide to development consent orders

          Brian Hurwitz of the Sharpe Pritchard planning law team, and Phillip Patterson of 4-5 Gray’s Inn Square, look at legal and procedural requirements for obtaining development consent orders (“DCOs”) for a development that is a Nationally Significant Infrastructure Project (“NSIP”), as dealt with under the Planning Act 2008 (“the 2008 […]

15/02/2016

The Lawyer – Real estate: who’s hot property?

By James Willer 15 February 2016     The QC perspective Which planning lawyers are easiest to work with, which have the most experience, and who has a reputation for “working with the world’s greatest architects”? These barristers tell all The vast amount of development work taking place across the UK means that planning lawyers […]

07/12/2015

Defending your Domain Name in the UDRP. By Jane Lambert

        Whenever you apply to register, or to renew the registration of, a generic top level domain name such as one ending in “.com”, “.org” or “.biz” you represent and warrant to the registrar that: (a) the statements that you make in your agreement with the registrar are complete and accurate; (b) […]

07/12/2015

Patents – Infringement and Revocation: Glass and others v Freysinnet Ltd. By Jane Lambert

        In Glass and Others v Freyssinet Ltd [2015] EWHC 2972 (IPEC) the inventors of a treatment process for concrete sued Freysinnet Ltd. (“Freysinnet”) for infringement of their patent in the Intellectual Property Enterprise Court. Freysinnet counterclaimed for revocation of the patent on grounds of anticipation and obviousness. The action and counterclaim […]

20/11/2015

The new CPO Circular

          The Department for Communities and Local Government has issued a new circular on compulsory purchase and the Crichel Down Rules. David Altaras and Marc Samuels review this key document for planning practitioners. Read Full Review in Local Government Lawyer    

09/11/2015

4-5 Gray’s Inn Square becomes first chambers to adopt ‘CV-blind’ recruitment

      The Lawyer – “4-5 Gray’s Inn Square has become the first chambers to adopt a CV-blind application system for all barristers and staff. The move, which launches today (9 November) means the public and commercial set will view all applications from new members on experience alone, and not be made aware of […]

29/10/2015

The laws of comedy by Athelstane Aamodt

        Copyright is no laughing matter for an aggrieved comic. Recently, Twitter has started to bow to complaints from users that others on the social network have been lifting jokes and passing them off as their own. Claims of joke theft are nothing new of course. Robin Williams, Keith Chegwin, Carlos Mencia […]

02/10/2015

False statements and election law

          Aathelstane Aamodt looks at the issues where false statements are made about an election candidate. Defamation claims have have tended to be the preferred cause of action for people who have had false and damaging statements made about them. However, if a person is a candidate in an election, the […]

25/09/2015

Court of Protection judge hands down key ruling on joining P as party

A Court of Protection judge has handed down the latest major judgment on whether P must be joined as a party to proceedings in deprivation of liberty cases where they are in supported living or their home and so outside the Deprivation of Liberty Safeguards regime. Mr Justice Charles’ ruling comes after the President of […]

25/09/2015

4-5 Gray’s Inn Square hits 800 per cent growth

The Lawyer 25th September 2015 Public and commercial set 4-5 Gray’s Inn Square has grown by 800 per cent in three years since a mass exodus by members to 39 Essex threatened to close its doors. 4-5 Gray’s Inn Square dropped down to just six barristers in March 2013 following the departure of 24 barristers […]

17/09/2015

Insurance Act 2015 – A Guide for Insurers and Insured Parties – By Ruhi Sethi

          The Insurance Act 2015 received Royal Assent on 12 February 2015 and comes into force in full on 12 August 2016 after a transitional period of 18 months. The 2015 Act signifies the greatest statutory change to commercial insurance contract law for over one hundred years. The most notable changes […]

04/09/2015

Good Faith in Commercial Contracts: A New Duty? – By Ruhi Sethi

As English law currently stands, there is no general duty of good faith in commercial contracts. There are exceptional contracts where the law will imply a duty of good faith i.e. employment, insurance and contracts governing fiduciary relationships where a group majority can bind a minority. Over the last few years the UK courts have […]

01/09/2015

Intellectual Property and the Footwear and Textile Industries – by Jane Lambert

          According to the East Midlands Textile Association (“Emtex”) the East Midlands has the highest concentration of clothing and textile companies in the UK. Nottingham lace, Leicester knitwear, Northampton shoes have an enormous international reputation founded on branding, craftsmanship and design. These intellectual assets that are protected by registered trade marks, […]

28/08/2015

Athelstane Aamodt considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.

Local authorities cannot sue in defamation. This was not always the case however. There are in fact two reported incidences of local authorities prior to 1993 (when the law changed) suing in this fashion… click here to read full article.

25/08/2015

Athelstane Aamodt speaks to Lawyer Monthly on Media and Entertainment, Employment, and Sports law.

Lawyer Monthly’s Specialist Advocate feature looks in depth into the work of experienced and highly skilled lawyers and barristers to explore the world within which they practice. We focus on the challenges they face, how they overcome them, the types of case they work on and what led them to the legal world in the […]

20/08/2015

Athelstane Aamodt examines the legal implications of Chelsea FC’s treatment of its club doctor

              click here for full article in the New Law Journal    

17/08/2015

The costs of nuisance and the nuisance of costs – by Phillip Patterson

A divided Supreme Court in Coventry and others v Lawrence and another [2015] UKSC 50 has finally brought to a conclusion a particularly sorry piece of litigation with a judgment which serves to highlight the turbulent regime of civil litigation costs in the 21st Century. Were it not for the human element at the heart […]

07/08/2015

2015 Halsbury Legal Awards – Chambers of the Year Finalist

    Chambers of the Year    

04/08/2015

Clear water emerges between Mitchell and Denton – by Phillip Patterson

  The recent judgment of the Court of Appeal in Michael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774 definitely confirms that Denton v TH White Ltd [2014] 1 W.L.R. 3926 marked a departure from the principles set down in Mitchell v News Group Newspapers [2014] 1 W.L.R. 795 regarding the circumstances in […]

29/07/2015

No job sharing in the Commons – by Phillip Patterson

The Administrative Court has recently ruled against two members of the Green Party who made an innovative attempt to stand together in the Basingstoke constituency at the 2015 General Election on the basis of a job-share. Sarah Cope and Clare Phipps both felt that their personal circumstances prevented them from adequately fulfilling the role of […]

20/07/2015

Judicial Review of the Copyright Exceptions

by Jane Lambert. Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills. Judicial-Review-of-the-Copyright-Exceptions.docx

15/07/2015

Redelivery requirements in repo transactions

  Ruhi Sethi examines the recent Mercuria judgment that provides an endorsement for the structure of repo transactions as well as a reminder of the importance of cogent drafting of the agreements governing repo transactions. Full article below: Lexis Nexis Article  

02/07/2015

David Hughes – Equal marriage after the US decision

      David Hughes writes for Gibraltar Chronicle Gibraltar Chronicle full article  

08/06/2015

Martin Hayden SC speaks to Lawyer Monthly

              Lawyer Monthly “In Profile” Full Article

11/05/2015

Legal specialists urge curbs on postal voting

Timothy Straker QC talks to The Times regarding postal voting. The Times full article

16/04/2015

Joseph Dalby discusses the privacy, data protection and ethical issues that arise with the use of drones by public and private sector bodies.

Click for full article in The Irish Times http://www.siliconrepublic.com/innovation/item/41537-the-interview-joseph-dalby/

30/03/2015

Indian arbitration law: landmark judgments from 2014, authored by Karishma Vora Parekh

The article summarises India’s landmark judgments on arbitration law from 2014 and highlights leading judgments that influenced international commercial arbitration in India prior to 2014. It also analyses the Indian Law Commission’s latest Report on proposed amendments to the Indian Arbitration and Conciliation Act 1996. Click link below for full article Full Article

27/03/2015

Lex Mercatoria: Reflections from an English Lawyer

By Anthony Connerty Click for full article

13/03/2015

Joseph Dalby & Ruhi Sethi explore the legal implications of increased drone use

Last week the House of Lords called for an EU-wide register of drone owners, or remotely piloted aircraft systems (which are part of the wider category of unmanned aerial systems/unmanned aerial vehicles (UAVs)). Last month, drones were spotted over Paris landmarks, at obviously a very sensitive time. In January, Scotland Yard declared central London a […]

02/03/2015

THERE IS NO ALTERNATIVE: THE SUPREME COURT CHANGES THE PRINCIPLES OF CONSULTATION

In October 2014 the Supreme Court gave a decision which could fundamentally alter how consultation exercises should be carried out in the future. Most cuts cases involve complaints about unlawful consultation. As local authorities defend current cuts challenges, the courts are trying to work out how far the Supreme Court’s decision goes. The principles of […]

05/02/2015

The Emergence of the EU Charter of Fundamental Rights in UK Law

          Richard Clayton QC Click here for full article

04/02/2015

Last call for mis-selling complaints

The FCA has provided an update on the progress of its interest rate hedging product (‘IRHP’) review scheme (the ‘Review’), including a deadline for submission of complaints. The FCA has confirmed that 31 March 2015 will be the closing date for entrants into the Review. It has directed the nine participating banks to remind eligible […]

28/01/2015

Constructive trusts and commonwealth harmonisation

By Phillip Patterson   Precedent, the Privy Council and Commonwealth harmonisation This article considers how a series of cases regarding the recovery of bribes and secret commissions has provided a useful demonstration of the practical impact of the rules of common law precedent. The last of those cases also offers useful guidance to practitioners preparing […]

26/01/2015

Homelessness and the meaning of “other violence” by Marc Samuels

A recent Court of Appeal decision has the potential to widen the scope of persons owed duties under the homelessness legislation. In Rehana Hussain v The London Borough of Waltham Forest [2015] EWCA Civ 14, the Court of Appeal held that “other violence” (which can form the basis of a homelessness application) has a wider […]

21/01/2015

Common law rights and the Human Rights Act

  Richard Clayton QC explains why human rights as developed by the common law are no substitute for Human Rights Act which the academic journal, Public Law, has published in January 2015. Analysis

16/01/2015

Timothy Straker QC – Electoral Conference 2015

Timothy Straker QC delivers Election law talk at the Solace Election Conference 2015, a full copy of the talk can be downloaded below.   Electoral Conference January 2015

05/01/2015

Is Infringement of a Foreign Patent akin to Highway Robbery?

By Jane Lambert   Patents: Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55, [2014] 3 WLR 1257, [2014] WLR(D) 452, [2014] BUS LR 1217, UK Supreme Court In Everet v. Williams (1893), 9 L.Q. Rev. 197, the highwayman John Everet sued his partner in crime Joseph Williams “for discovery, an […]

15/12/2014

Hail the Chief (Finance Officer)

Sappho Dias & Lee Parkhill discuss the role of The Chief Finance Officer in local authority affairs. The Chief Finance Officer plays a vital role in administering a local authority’s affairs. However, their functions are set by statute and are limited; there can be no prospect of a coup d’etat by the Chief Finance Officer. Sappho […]

16/10/2014

Lee Parkhill – Taking Care

Lee Parkhill, a barrister at leading set 4-5 Gray’s Inn Square, has previously worked for a regulator of social care providers, the largest local authority in the country and a major law firm. He tells Local Government Lawyer about moving to the Bar and why he practises health and social care law. Taking care – […]

 
 

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