Signature of St Albans (Property) Guernsey Ltd v Wragg [2017] EWHC 2352 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in enforcement, injunctions, news, restrictive covenants by sally

‘The Court determined that restrictive covenants created by two conveyances dating back to 1910 continued to affect the Claimant’s property and were in principle enforceable by injunction by any or all of the Defendants against the Claimant.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers

Posted October 20th, 2017 in limitations, news, noise, personal injuries by sally

‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’

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Zenith Chambers, 13th October 2017

Source: www.zenithchambers.co.uk

EVENT: Birkbeck – Confronting Inequality In Women’s Imprisonment

Posted October 20th, 2017 in Forthcoming events by sally

‘Based on a decade of field research, Barbara Owen will discuss her co-authored book In Search of Safety. The authors argue that intersectional inequalities and cumulative disadvantages are at the root of the gendered harms that both mirror women’s pathways to prison and constrain their experience while confined. Women must negotiate these inequities by developing forms of prison capital—social, human, cultural, emotional, and economic—to ensure their safety while inside. This conflict and subsequent violence result from human-rights violations inside the prison that occur within the gendered context of substandard prison conditions, inequalities of capital among those imprisoned, and relationships with correctional staff. By claiming such gendered harms are a form of state-sponsored suffering, In Search of Safety proposes a way forward—the implementation of international human-rights standards – The Bangkok and the Mandela Rules– for all women’s prisons.’

Date: 26th October 2017, 6.00-7.00pm

Location: Eng 1.03, Malet Place Engineering Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

EVENT: British Academy – Tracing the Relationship between Inequality, Crime and Punishment: Space, Time and Politics

Posted October 20th, 2017 in Forthcoming events by sally

‘Inequality is receiving increasing attention from social scientists and policy-makers alike. Whilst criminal justice scholars have long recognised that levels of inequality correlate with rates of crime and punishment, the causal mechanisms underlying these correlations are less well understood. Building on recent comparative and historical research on the institutional, cultural and political-economic factors shaping crime and punishment, this conference aims to advance understanding of whether, and if so how and why, social and economic inequality influences levels and types of crime and punishment, and conversely the impact of different levels and types of crime and punishment on various forms of inequality.’

Date: 7th-8th December 2017, 9.30am-5.00pm

Location: The British Academy, 10-11 Carlton House Terrace, London SW1Y 5AH

Charge: See website for details

More information can be found here.

EVENT: Birkbeck – Conditions of Carriage: Formulations of Office and Place in Minor Jurisprudences of London

Posted October 20th, 2017 in Forthcoming events by sally

‘This paper considers some of the ways in which minor jurisprudences might provide a training in the conduct of the office of Jurisprudent of London (if such an office is still in use). Since the 1990s minor jurisprudences have emphasised variation and dissonance in relation major institutional and critical forms of jurisprudence. They have done so by finding and providing alternate sources, training and purpose in the instruction of the conduct of lawful relations. Reporting, rather loosely, on the writings of Peter Goodrich, Panu Minkkinen and Andreas Philippopoulos-Mihaloppous, this paper considers some of the ways minor jurisprudences recommend caring for the conduct of lawful relations of a place. The motivating conceit of this paper follows the understanding that London bears or carries a jurisprudence and that this can be studied through an engagement with the material ordering of the city. The paper reports back on research conducted between 2013-2017 on encounters of lawful relations along the TfL 345 bus route from Peckham bus Station to South Kensington.’

Date: 1st November 2017, 1.00-2.30pm

Location: RUS 101, Birkbeck, University Of London, 30 Russell Square, London WC1B 5DT

Charge: Free, registration required

More information can be found here.

Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

EVENT: Bar Standards Board – Annual Bar and Young Bar Conference 2017

Posted October 20th, 2017 in Forthcoming events by sally

‘In November in conjunction with the Legal Practice Management Association(LPMA), the Bar Standards Board are running a workshop at the Annual Bar Conference and Young Bar Conference 2017 titled ‘Transparency and feedback the future of legal services.’

Date: 4th November 2017, 1.50-3.00pm

Location: Westminster Park Plaza 200 Westminster Bridge Road London SE1 7UT

Charge: See website for details

More information can be found here.

EVENT: Bar Standards Board – Transparency Standards seminar

Posted October 20th, 2017 in Forthcoming events by sally

‘Should barristers be obliged to publish their fees online?

We are hosting a seminar to discuss key questions like this, and others, in relation to our recently launched Transparency Standards consultation.

The session will focus on the recommendations outlined in our new consultation to promote transparency of the fees, services and redress offered by the Bar, following the Competition and Markets Authority report into the legal services market. ‘

Date: 21st November 2017, 6.30-8.00pm

Location: Waterhouse Suite at Holborn Bars, London, EC1N 2NQ

Charge: See website for details

More information can be found here.

EVENT: Temple Church – The Charter of the Forest After 800 Years – Its Meaning Then and Now

Posted October 20th, 2017 in Forthcoming events by sally

‘The Temple Church will host a symposium based upon this Charter, which came into being 800 years ago, and two years after its more famous cousin Magna Carta.’

Date: 30th October, 5.45pm

Location: Temple Church

More information can be found here (PDF).

David Partington discusses: Time Share Mis Selling – An Introduction to Alternative Strategies – Park Square Barristers

Posted October 20th, 2017 in consumer credit, contracts, limitations, misrepresentation, news by sally

‘The standard, if unimaginative, attack on a timeshare contract is an action in breach of contract and claiming or claiming and damages under section 2(1) of the Misrepresentation Act 1967. This is a perfectly logical and valid start, but as I have written before, and will write again, the classic action in misrepresentation is a very cumbersome and formalistic cause of action. It is a construction rooted in Victorian values, and the axiom caveat emptor (buyer beware) is part of its legal DNA. No doubt it worked very well where gentlemen in stove pipe hats were buying and selling new parts for their latest foundry; it also works well when you have purchased a company after a comprehensive due diligence process and there are written representation and accounts to pore over. It is much more difficult to deploy in the modern world where “consumers” (not a concept with which the Victorians would have been comfortable) are being subject to what may loosely but accurately be called “high pressure selling techniques” which employ a mixture of half-truths and psychological exploitation.’

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Park Square Barristers, 18th October 2017

Source: www.parksquarebarristers.co.uk

GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers

Posted October 20th, 2017 in data protection, EC law, news, privacy by sally

‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’

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Hardwicke Chambers, 6th October 2017

Source: www.hardwicke.co.uk

Chris Ferguson discusses; Proportionality and Integrity – Park Square Barristers

Posted October 20th, 2017 in care orders, children, fostering, grandparents, news, placement orders, proportionality by sally

‘Not long ago I represented a pair of maternal grandparents in a case in Teesside. They had been closely involved with the family over a period of years, although the mother of the two girls at the heart of the case had moved away (not far) during recent times. The mother had various problems and the father barely featured in the proceedings. A few years back the grandparents had actually taken the older girl under their wing for a while (prior to the birth of her sister) and the girls’ older brother was living with them full time under a court order.’

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Park Square Barristers, 6th October 2017

Source: www.parksquarebarristers.co.uk

Lea v Ward [2017] EWHC 2231 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in damages, interpretation, news, rights of way by sally

‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Planning for Infrastructure in Wales – No. 5 Chambers

Posted October 20th, 2017 in devolution, environmental protection, news, planning, Wales by sally

‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’

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No. 5 Chambers, 18th October 2017

Source: www.no5.com

​Lack of secure accommodation – “blood on our hands”? – Zenith Chambers

Posted October 20th, 2017 in care orders, children, news, self-harm by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

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Zenith Chambers, 18th October 2017

Source: www.zenithchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted October 20th, 2017 in environmental protection, news, penalties, pollution, water by sally

‘In this latest Environmental Law News Update, Christopher Badger and William Upton consider penalties incurred by United Utilities for drinking water contamination, the publication of the Government’s Clean Growth Strategy, and Defra’s annual report on air quality.’

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Six Pump Court, 16th October 2017

Source: www.6pumpcourt.co.uk

No right to assisted death: Conway v Secretary of State for Justice – Cloisters

Posted October 20th, 2017 in assisted suicide, human rights, news by sally

‘In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another. Anna Beale considers Conway v Secretary of State for Justice, the most recent contribution to this difficult and complex area of law.’

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Cloisters, 6th October 2017

Source: www.cloisters.com

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in news by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

Commercial Court Shrinks Scope to Challenge Arbitrations – Hailsham Chambers

Posted October 20th, 2017 in news by sally

‘In the internationally competitive market for arbitrations, there is much talk about which Courts are most “arbitration-friendly”. In a recent judgment Teare J, in the Commercial Court, has crushed speculation that the English Courts might be increasingly sympathetic to challenges to factual findings.’

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Hailsham Chambers, 12th October 2017

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