Moving Inevitably On: A Fixed Future on the Fast Track – No. 5 Chambers

Posted October 31st, 2019 in consultations, costs, fees, news by sally

‘Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least the world of costs. Though delays abound, the inexorable march forward with Sir Rupert Jackson’s 2017 proposals continues.’

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No. 5 Chambers, 8th October 2019

Source: www.no5.com

John Bowers QC’s Employment Law Blog: October 2019 – Littleton Chambers

Posted October 31st, 2019 in adoption, charities, equality, freedom of expression, homosexuality, housing, Judaism, news by sally

‘In R (ota Z) v LB of Hackney & Agudas Israel Housing Assoc Ltd [2019] EWCA Civ 1099, the court considered a challenge to the housing policies of a charitable provider of social housing in Hackney. Accommodation was allocated by the Housing Association only to members of the Orthodox Jewish community in the Stamford Hill area of London. The Divisional Court found that ‘there are very high levels of poverty and deprivation [amongst the Orthodox community], with associated low levels of home ownership … there is a strong correlation between the evidenced poverty and deprivation and the religion’. It also found that the arrangements for allocating housing which placed Orthodox Jews in a primary position to enable them both to avoid the disadvantages and to meet the needs. This would be unlawful discrimination under the Equality Act 2010 unless there was an appropriate exception.’

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Littleton Chambers, 21st October 2019

Source: www.littletonchambers.com

BAILII: Recent Decisions

Posted October 31st, 2019 in law reports by sally

High Court (Administrative Court)

High Court (Technology and Construction Court)

Source: www.bailii.org

Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’

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Litigation Futures, 31st October 2019

Source: www.litigationfutures.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

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Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Adjudication of construction professional negligence claims – Hardwicke Chambers

Posted October 31st, 2019 in barristers, construction industry, dispute resolution, negligence, news by sally

‘Ebony Alleyne and Sarah McCann explore the pros and cons of using statutory adjudication as a means of resolving such disputes and then consider the role and potential impact of the new Professional Negligence Bar Association’s adjudication scheme.’

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Hardwicke Chambers, 29th October 2019

Source: hardwicke.co.uk

Prisons in England and Wales are facing a safety crisis, warn MPs – The Guardian

Posted October 31st, 2019 in budgets, health & safety, news, prisons by sally

‘The prison system in England and Wales is in an “appalling” state of crisis, lacking decency or security and no clear plan for desperately needed change, MPs have warned in a report that raises questions over the government’s pledges on prisons ahead of an election.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Successful Reunification of Child to his Parents Using the Resolutions Approach – Park Square Barristers

Posted October 31st, 2019 in children, news, parental responsibility, supervision orders by sally

‘In September 2017 the child was presented to hospital with numerous injuries. At a finding of fact hearing the court found that the injuries were inflicted by either the mother or father (Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575). Neither parent accepted perpetration of the injuries and after the findings were made maintained those denials. This was a single-issue case. The Local Authority approach to the parents in assessment was that the parents were unsafe to care for the child as they denied the findings of the court. As a result the LA deemed them to be unsafe or untreatable. The Local Authority sought permanent removal of the child from the parents’ care.’

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Park Square Barristers, 1st October 2019

Source: www.parksquarebarristers.co.uk

New Judgment: Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 – UKSC Blog

Posted October 31st, 2019 in banking, duty of care, fraud, illegality, news by sally

‘An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries. This is known as the Quincecare duty of care, following the 1992 case of Barclays Bank plc v Quincecare Ltd.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers

Posted October 31st, 2019 in environmental protection, news, planning, time limits by sally

‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’

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Landmark Chambers, 1st October 2019

Source: www.landmarkchambers.co.uk

Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in contracts, electronic mail, news, rights of way, sale of land by sally

‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’

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Hardwicke Chambers, 15th October 2019

Source: hardwicke.co.uk

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

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Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

Bar Council attacks “overwhelming” handbook updates – Legal Futures

Posted October 31st, 2019 in barristers, news, professional conduct by sally

‘The Bar Council has strongly criticised the Bar Standards Board (BSB) for bombarding barristers with updates to its handbook which risked becoming “overwhelming”.’

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Legal Futures, 31st October 2019

Source: www.legalfutures.co.uk

Thoughts on Advocacy from the Coal Face – a paper – Six Pump Court

Posted October 31st, 2019 in news by sally

‘In a paper entitled “Aristotle and the Three Pillars of Advocacy or a few thoughts on advocacy from the coal face”, Richard Barraclough QC draws on his experience of advocacy and discusses his own principles and methods of effectively presenting a case – both for the defence and the prosecution.’

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Six Pump Court, 4th October 2019

Source: www.6pumpcourt.co.uk

Andrew Griggs: The wife killer who escaped justice for 20 years – BBC News

Posted October 31st, 2019 in domestic violence, missing persons, murder, news, pregnancy, sentencing by sally

‘For 20 years, the disappearance of Debbie Griggs remained a mystery. Two decades later, her husband has been convicted of her murder and jailed for a minimum of 20 years. What changed?’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’

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Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

New Judgment: In the matter of NY (A Child) [2019] UKSC 49 – UKSC Blog

Posted October 31st, 2019 in child abduction, jurisdiction, news, Supreme Court by sally

‘This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

LSB builds case for ‘continuing competence’ push – Legal Futures

‘The Legal Services Board (LSB) has heard calls for regulators to take a more “hands-on” approach to ensuring that lawyers remain competent through their careers.’

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Legal Futures, 31st October 2019

Source: www.legalfutures.co.uk