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 ; and
(3) Whether injunctions can be used to cut across the Proceeds of Crime Act 2002 following the recent [...]
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  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 case, including the judgement [...]
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. [...]
Drones: flightpath to the future?
Joseph Dalby SC
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 [...]
Extradition from the UK to India by Karishma Vora
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 person either in order to [...]
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  UKEAT/0260/15/JOJ (26 January 2016). The judgment of the President of the EAT, Mr Justice Langstaff, analysed what “information” [...]
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 occupant, evidential gaps on [...]
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 Act”).
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) the registration of the [...]
Patents – Infringement and Revocation: Glass and others v Freysinnet Ltd. By Jane Lambert
In Glass and Others v Freyssinet Ltd  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 came on before [...]
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 their gender, [...]
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 and Denis Leary [...]
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 law of defamation can [...]
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 the [...]
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 relate to disclosure in [...]
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, registered designs and other [...]
The costs of nuisance and the nuisance of costs – by Phillip Patterson
A divided Supreme Court in Coventry and others v Lawrence and another  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 [...]
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  EWCA Civ 774 definitely confirms that Denton v TH White Ltd  1 W.L.R. 3926 marked a departure from the principles set down in Mitchell v News Group Newspapers  1 W.L.R. 795 regarding the circumstances [...]
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 [...]
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 [...]
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 [...]
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  EWCA Civ 14, the Court of Appeal held that “other violence” (which can form the basis of a homelessness application) has a [...]
Is Infringement of a Foreign Patent akin to Highway Robbery?
By Jane Lambert
Patents: Les Laboratoires Servier and another v Apotex Inc and others  UKSC 55,  3 WLR 1257,  WLR(D) 452,  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 [...]