Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in news by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

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Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in news by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

How will the UK immigration system cope with no deal Brexit? – Garden Court Chambers

Posted August 23rd, 2019 in news by sally

‘UK immigration reform is imminent. The Government’s 2018 White Paper proposals for a new immigration system appear to be here to stay and a no deal Brexit looks more likely than ever.’

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Garden Court Chambers, 22nd August 2019

Source: www.gardencourtchambers.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

Posted August 23rd, 2019 in news by sally

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

“The Trouble with Release Under Investigation”. Lesley Bates writes about the impact of release under investigation upon a client acquitted 828 days after his arrest – 23 Essex Street

Posted August 23rd, 2019 in news by sally

‘Changes to the use of police bail were designed to prevent suspects remaining on pre-charge bail for months on end pending investigation and decision about charge. Criticism of the use of Release Under Investigation (‘RUI’) has mostly focussed on the high numbers of suspects it is used for, the sharp fall in charging decisions and the fewer cases reaching court.’

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23 Essex Street, 20th August 2019

Source: www.23es.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

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4 New Square, 13th August 2019

Source: www.4newsquare.com

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Coroner urges Home Secretary to review domestic abuse laws after man bludgeons wife to death – Daily Telegraph

‘A man has been cleared of a criminal offence over a video that showed a model of a building marked “Grenfell Tower” being burned, while a group of friends laughed and joked.’

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Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Dulgheriu & Anor v The London Borough of Ealing [2019] EWCA Civ 1490 (21 August 2019)

Moher v Moher [2019] EWCA Civ 1482 (21 August 2019)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2287 (Comm) (21 August 2019)

Zedra Trust Company (Jersey) Ltd & Anor v The Hut Group Ltd [2019] EWHC 2191 (Comm) (21 August 2019)

High Court (Queen’s Bench Division)

MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB) (21 August 2019)

High Court (Technology and Construction Court)

Solaria Energy UK Ltd v Department for Business Energy And Industrial Strategy [2019] EWHC 2188 (TCC) (22 August 2019)

Source: www.bailii.org

Court clears man over video of Grenfell Tower model being burned – The Guardian

Posted August 23rd, 2019 in accidents, disclosure, fire, news, video recordings by sally

‘A man has been cleared of a criminal offence over a video that showed a model of a building marked “Grenfell Tower” being burned, while a group of friends laughed and joked.’

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The Guardian, 22nd August 2019

Source: www.theguardian.com

Elderly solicitor struck off for overcharging clients – Legal Futures

‘A solicitor’s 55 years of practice have come to an end after he was struck off for overcharging probate clients.’

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Legal Futures, 23rd August 2019

Source: www.legalfutures.co.uk

Government Urged To Tackle ‘National Problem’ Of Protests Outside Abortion Clinics – Rights Info

‘Campaigners have renewed calls for the government to create “safe-zones” around abortion clinics across the country after the Court of Appeal upheld a ban on pro-life protests near a west London health centre.’

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Rights Info, 22nd August 2019

Source: rightsinfo.org

Woman must tell her son who his biological father is after having an affair rules the High Court – Daily Telegraph

Posted August 23rd, 2019 in anonymity, children, families, media, news, paternity, reporting restrictions by sally

‘A wife who was sued by her husband after it was revealed that her eight-year-old son is not his must reveal the name of the biological father to her husband and child.’

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Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

Extinction Rebellion activists convicted of public order offences – The Guardian

‘Three Extinction Rebellion activists involved in protests in central London in April have been convicted of public order offences at a trial which heard a message of support for them from the shadow chancellor, John McDonnell.’

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The Guardian, 22nd August 2019

Source: www.theguardian.com

Solicitors “ignorant about prof neg adjudication” – Litigation Futures

Posted August 22nd, 2019 in dispute resolution, negligence, news, solicitors by sally

‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’

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Litigation Futures, 22nd August 2019

Source: www.litigationfutures.com

Solicitors Regulation Authority consults on overhaul of Higher Rights of Audience scheme – Local Government Lawyer

‘The Solicitors Regulation Authority has proposed the introduction of revised standards for the Higher Rights of Audience qualification.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Detention of Muslims at UK ports and airports ‘structural Islamophobia’ – The Guardian

Posted August 22nd, 2019 in detention, Islam, news, religious discrimination, terrorism by sally

‘Muslims are being detained at ports and airports for up to six hours by law enforcement using controversial counter-terrorism powers so disproportionately that the practice has become Islamophobic, according to human rights group Cage.’

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The Guardian, 20th August 2019

Source: www.theguardian.com

Solicitor operated unauthorised online divorce business – Legal Futures

Posted August 22nd, 2019 in disciplinary procedures, divorce, electronic commerce, news, solicitors by sally

‘A family lawyer who created an online divorce service did so to avoid regulation and not share the fees generated with his law firm, a tribunal has found in striking him off.’

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Legal Futures, 22nd August 2019

Source: www.legalfutures.co.uk

‘With great power comes great responsibility’ – contributory negligence post-Montgomery – UK Human Rights Blog

Posted August 22nd, 2019 in birth, contribution, doctors, hospitals, medical treatment, negligence, news by sally

‘Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium in the NHS, which is the root cause for defensive medical practice and the growing NHS litigation bill.’

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UK Human Rights Blog, 21st August 2019

Source: ukhumanrightsblog.com

Care home manager to be sentenced for failure to disclose evidence at inquest – Local Government Lawyer

Posted August 22nd, 2019 in care homes, disclosure, evidence, inquests, news, prosecutions, sentencing by sally

‘A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk