How Brexit may have changed Parliament forever – OUP Blog

Posted October 30th, 2019 in brexit, constitutional law, news, parliament by sally

‘During 2019, the Brexit process has radically changed the dynamics between the prime minister and the House of Commons. Normally the United Kingdom’s government, led by the prime minister and her Cabinet, provides leadership, and drives and implements policy while Parliament exercises control over the government by scrutinising its actions and holding it to account. This is a carefully balanced relationship, although a government with a strong majority can dominate decision making in the House of Commons.’

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OUP Blog, 30th October 2019

Source: blog.oup.com

Bride-to-be fleeced fiance’s stag party out of £11k – BBC News

Posted October 30th, 2019 in compensation, forgery, marriage, news, sentencing, suspended sentences, theft by sally

‘A bride-to-be frittered away her fiance’s stag party kitty, leaving him and his friends stranded at a UK airport, a court has heard.’

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BBC News, 29th October 2019

Source: www.bbc.co.uk

The 39 people who died in the lorry were victims. Why does the law treat them as criminals? – The Guardian

‘As long as the justice system is focused on immigration status, not on ending modern-day slavery, desperate people will suffer.’

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The Guardian, 29th October 2019

Source: www.theguardian.com

Third party funding agreements are not DBAs – Hardwicke Chambers

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

Mega-survey highlights need to grow “legal confidence” – Legal Futures

‘The largest legal needs survey ever run in England and Wales shows what a difference professional advice and ‘legal confidence’ among consumers makes to the outcome of their matters.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Laura Nelson discusses Humayum Hussain v EUI Ltd (2019) – Park Square Barristers

Posted October 30th, 2019 in accidents, compensation, damages, news, proportionality, self-employment, taxis by sally

‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’

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Park Square Barristers, 24th October 2019

Source: www.parksquarebarristers.co.uk

Grenfell inquiry: key questions answered – The Guardian

‘Why was it set up, why is it split into two parts and why are some people unhappy with it?’

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The Guardian, 29th October 2019

Source: www.theguardian.com

What’s (or what’s not) in the Johnson draft Withdrawal Agreement Bill? – Monckton Chambers

Posted October 29th, 2019 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The European Union (Withdrawal Agreement) Bill (“WAB”) is (to put it mildly) a web of complexity.’

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Monckton Chambers, 25th October 2019

Source: www.monckton.com

Being Trans in Law – Old Square Chambers

Posted October 29th, 2019 in barristers, news, transgender persons by sally

‘Robin Moira White is featured in the October 2019 fivehundred magazine, looking back at her journey coming out as transgender and offers advice to other lawyers fearful of being their true selves.’

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Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

Introduction to the SRA’s 2019 Standards and Regulations – 4 New Square

Posted October 29th, 2019 in news, regulations, solicitors, Solicitors Regulation Authority, standards by sally

‘On 25 November 2019 the SRA’s new Standards and Regulations will come into force. In many respects the substance of what is expected of the profession will remain much the same, but the new regime will see major changes to the regulations and rules through which those expectations are expressed and will be enforced. Both practising solicitors and those involved in advising them on their regulatory obligations must familiarise themselves with what will change. The aim of this series is to highlight the major changes and give some thoughts on what their implications may be.’

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4 New Square, 14th October 2019

Source: www.4newsquare.com

Legal Expenses and Variations for Living Expenses in Account Freezing Orders (AFOS) – Drystone Chambers

Posted October 29th, 2019 in expenses, fees, freezing injunctions, news, proceeds of crime by sally

‘This article will deal with how to withdraw legal and living expenses from an Account Freezing Order (‘AFO’). Like all freezing or restraint proceedings under the Proceeds of Crime Act 2002 (‘POCA’), living expenses can be paid from the account where they are reasonable and continue the current lifestyle of the owner of the account.’

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Drystone Chambers, October 2019

Source: drystone.com

Third party costs application failed against losing claimant’s legal team – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in abuse of process, costs, malicious prosecution, news, third parties by sally

‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’

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Practical Law Dispute Resolution Blog, 24th October 2019

Source: disputeresolutionblog.practicallaw.com

Applications for Interim Payments of Costs: An Update – Hailsham Chambers

Posted October 29th, 2019 in costs, damages, negligence, news, personal injuries by sally

‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’

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Hailsham Chambers, 24th October 2019

Source: www.hailshamchambers.com

A security officer based at BBC New Broadcasting House has won an unfair dismissal claim against his employer, Interserve – Garden Court Chambers

Posted October 29th, 2019 in news, unfair dismissal by sally

‘A security officer based at BBC New Broadcasting House has won his unfair dismissal claim against his employer, Interserve.’

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Garden Court Chambers, 21st October 2019

Source: www.gardencourtchambers.co.uk

Douglas Oak inquest: Coroner calls for improved police and ambulance training on handling persons suffering from Acute Behavioural Disturbance – Garden Court Chambers

Posted October 29th, 2019 in emergency services, inquests, mental health, news, police by sally

‘The inquest into the death of Douglas Oak concluded at Bournemouth Coroners Court yesterday with Senior Coroner for Dorset Rachel Griffin stating that she would be issuing a wide ranging preventing Future Deaths report because of her concerns that further lives will be lost unless action is taken at a national level to improve training and the handling of persons suffering from acute behavioural disturbance (ABD).’

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Garden Court Chambers, 23rd October 2019

Source: www.gardencourtchambers.co.uk

Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600, 2 October 2019 – Hailsham Chambers

Posted October 29th, 2019 in disclosure, news, privilege, solicitors, third parties by sally

‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’

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Hailsham Chambers, 7th October 2019

Source: www.hailshamchambers.com

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

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Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

Judicial review challenge on health inequalities caused by NHS Charging Scheme for migrant women and their children – Garden Court Chambers

‘Judicial review proceedings have been launched on behalf of Maternity Action, a leading maternity rights charity, challenging the Secretary of State for Health’s NHS Charging Regime. The disproportionate effect of charging is most stark amongst destitute pregnant women, new mothers, survivors of domestic abuse, sexual violence and Female Genital Mutilation and destitute migrant families supported by local authorities, who are overwhelmingly women.’

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Garden Court Chambers, 15th October 2019

Source: www.gardencourtchambers.co.uk