Blog
The department for transport triennial review implementation plan
What will it mean for Traffic Commissioners, Operators and Practitioners? In December 2015, an implementation plan was published by the Department for Transport (the Department) in response to the recommendations of the Triennial Review of the Traffic Commissioners published in March 2015. That Review had considered the role of Traffic Commissioners (TCs) and how they […]
Black Rapp’s Knuckles – Rapp v Sarre [2016] EWCA Civ 93
Black LJ (Patten LJ and Baker J agreed) emphasised the need for full cooperation in ancillary relief proceedings. Facts H argued that the capital assets were wrongly divided unequally, giving W (54.5%) and the more liquid and less risky assets. The parties met in 1990, when H’s assets were worth $1m, and married in 1994. […]
Transport For London v Uber London Limited & Licensed Taxi Drivers Association & Licensed Private Hire Car Association [2015] EWHC 2918 (Admin) 1449
The judgement given by Ouseley J. sets out the interesting background for what is a revolutionary development in travelling by taxi in London. In May 2012, Transport for London, licensed Uber as a private hire vehicle operator in London. It is an offence under s11 of the Private Hire Vehicles (London) Act 1998 for a […]
The quantification of a lump sum to offset pension disparity on divorce
Practitioners have an array of authorities on the issue of how to calculate the entitlement of spouses to a pension sharing order or the calculation of a capital sum to compensate a party for the loss of pension rights. The problem is that the approach of the courts is not uniform. There are now two […]
Technology in the Courts
It’s good to know that some jurisdictions still have healthy regard for pointless rules. A client the other day told me that in the British Commonwealth jurisdiction where he had been resident, the court would refuse to look at any documents unless they were on foolscap paper, although the court’s only photocopier only took A4 […]
Dishonesty in Regulatory Proceedings
It is important to realise that those sitting in regulatory proceedings may have a wide and varied perception of the meaning of Dishonesty. That itself is not surprising. Those of us who cut our teeth in the wide environs of criminal law have come to realise that dishonesty as a concept lies on a spectrum. […]
A critical time for the CQC
It has not been an easy few months for healthcare providers’ biggest regulator the Care Quality Commission. Against a background of tightened budgets, staff shortages and warnings by the Barker Commission for the need for restructuring of healthcare delivery, the CQC is facing its toughest period as a relatively new regulator. CQC Annual Report 2015 […]
The Buses Bill and potential changes to bus registration
As part of the Government’s plans for devolution, it has agreed to provide authorities with directly elected mayors the powers necessary to franchise their bus services. These powers are expected to be included in a Buses Bill that is to be introduced in the current parliamentary session. Local Authorities in different areas of the country […]
The ultimate price?
I’ll begin with some depressing facts: 1 women is killed every 3 days by a partner or ex partner 1 in 4 women in England & Wales will experience domestic violence in her lifetime, and 8% will suffer in any given year Every minute the Police in the UK receive a DV call, but only […]
Introducing better case management
The beginning of last year brought publication of Sir Brian Leveson’s Review on Efficiency in Criminal Proceedings. As a result of the Review all efforts are presently focused on Better Case Management (BCM) in the Crown Court. The three key changes to the management of cases will be: Better Case Ownership A new Digital Case […]
Updated guidance on the efficient conduct of Financial Remedy hearings in the High Court
On the 24th January 2016, Mr Justice Mostyn issued updated guidance on the conduct of financial remedy proceedings in the High Court (see here). It lays down important new rules concerning skeleton arguments and reiterates and reinforces other key messages about court bundles and the requirement to agree a Statement of Issues, Schedule of Assets, […]
Bias – Watts v Watts [2015] EWCA Civ 1297
It is a well-established practice that members of the same chambers or firm frequently appear alongside or against each other in court. Practitioners often develop working or social relationships with advocates from other chambers or firms when appearing in the same case or at social functions. It is also a common feature that from time […]
