November 2014 Archive

Council victory brings risk of increased costs for developers

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Following a recent Court of Appeal judgment, developers may come under increased pressure from highway authorities to contribute towards the costs of maintaining estate roads and street furniture after they have been adopted as maintainable at public expense under Section 38 of the Highways Act. More …

Early conciliation: employee’s failure to comply did not prevent claim going ahead

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In a case report from Blake Morgan, an employment tribunal found that an initial failure to follow the Acas early conciliation rules was not necessarily fatal to the claim being considered by the employment tribunal. More …

Settlement agreements: practical tips on making them work

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One year on from the introduction of “pre-termination negotiations” and the change from compromise agreements to “settlement agreements”, how can you make sure that you are using these potentially useful tools effectively in seeking to avoid costly litigation? More …

How the Data Protection Act affects IoT

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Heledd Lloyd Jones outlines some of the data protection issues associated with the growing amount of data being collected by IoT devices. More …

Sims v Dacorum Borough Council (Notice To Quit a joint tenancy)

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It has long been the case (since the ruling in Hammersmith & Fulham LBC v Monk 1992) that one joint tenant can serve Notice to Quit ("NTQ") which will terminate the joint tenancy. More …

Supreme Court hands down judgment in PPI Mis-selling Case

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The Supreme Court has handed down judgment in the case of Plevin v. Paragon Personal Finance Limited [2014] UKSC 61. More …

Solicitors Regulation Authority v Uddin [2014] Judgment yet to be transcribed

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The Solicitors Regulation Authority [SRA] appealed the determination of the Solicitors Disciplinary Tribunal [SDT] to fine a solicitor who knowingly instructed an incompetent expert witness under a Conditional Fee Arrangement [CFA] for 15 months. The SDT sanctioned a £2,000 fine and the SRA argued that the appropriate sanction was a suspension. More …

Adu v General Medical Council [2014] All ER (D) 197

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The appellant doctor appealed against the decision of the Fitness to Practise Panel (the panel) of the respondent General Medical Council that his fitness to practise was impaired and that he should be removed from the register. More …

Jasinarachchi v General Medical Council [2014] EWCH 3570 (Admin)

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A Fitness to Practice Panel imposed a 6 month suspension on a trainee GP's Registration. It subsequently came to light that the effect of this was for the trainee to be removed from their training programme. During the course of the appeal hearing, new evidence was adduced and it was held that, despite the fact that one of the Ladd v Marshall principles had not be complied with, justice required fresh evidence to be admitted and for the matter to be reconsidered by the FTPP. More …

Inayatullah v General Medical Council [2014] All ER (D) 237 (Oct)

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Medical practitioner - Professional conduct committee. The appellant doctor appealed against the decisions of the General Medical Council's Fitness to Practise Panel (the panel) that his fitness to practise was impaired and that erasure from the register was the appropriate sanction. More …