Transfer of residence should not be seen as a “last resort” even in the absence of a finding of “parental alienation” or “intractable hostility” – Becket Chambers

Posted November 19th, 2019 in children, news, parental responsibility, residence orders by sally

‘In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents.

Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.’

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Becket Chambers, 5th November 2019

Source: becket-chambers.co.uk

Re Skeggs Beef Limited [2019] EWHC 2607 (Ch) and SJ Henderson & Company Limited [2019] EWHC 2742 (Ch) – Case Comment – Guildhall Chambers

Posted November 19th, 2019 in electronic filing, floating charges, insolvency, news by sally

‘Two recent decisions have shed yet more light on the “byzantine” system for out of hours appointments. Both confirm that the courts will continue to take a relatively detailed, yet pragmatic, approach to this issue.’

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Guildhall Chambers, 8th November 2019

Source: www.guildhallchambers.co.uk

Family Proceedings and Mental Health – KCH Garden Sq

Posted November 19th, 2019 in children, family courts, mental health, news, pregnancy by sally

‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’

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KCH Garden Sq, 8th November 2019

Source: kchgardensquare.co.uk

Supreme Court judge calls for independent algorithm regulator – Legal Futures

Posted November 19th, 2019 in artificial intelligence, judges, news by sally

‘A Supreme Court justice has called for the creation of an expert commission to act as “a sort of independent regulator” of algorithms.’

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Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Angus McCullough QC and Shaheen Rahman QC have tackled the question: ‘Disclosure in Closed Material Proceedings: What Has to Be Revealed?’ – 1 Crown Office Row

Posted November 19th, 2019 in closed material, disclosure, human rights, news by sally

‘Angus McCullough QC and Shaheen Rahman QC consider the approach to “disclosure” in closed material proceedings (CMPs). They address the background and rules of disclosure that govern the interface between open and closed material in CMPs, as they arise in different contexts, and in different courts and tribunals. The impact of fair trial rights (Article 6) under the ECHR, and the effect of EU rights, is analysed and current areas of debate explored.’

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1 Crown Office Row, 18th November 2019

Source: www.1cor.com

Push Payment Fraud: Singularis v Daiwa – Case Analysis – Forum Chambers

Posted November 19th, 2019 in banking, contracts, fiduciary duty, fraud, news by sally

‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’

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Forum Chambers, 19th November 2019

Source: www.forumchambers.com

Altering the Land Register on Grounds of Mistake by Mark Diggle – Ropewalk Chambers

Posted November 19th, 2019 in land registration, mistake, news, rectification by sally

‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’

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Ropewalk Chambers, 7th November 2019

Source: www.ropewalk.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwick Chambers

Posted November 19th, 2019 in case management, civil procedure rules, costs, news, personal injuries by sally

‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’

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Hardwicke Chambers, 12th November 2019

Source: hardwicke.co.uk

Legal Advice Privilege and Dismissal – Littleton Chambers

Posted November 19th, 2019 in admissibility, evidence, news, privilege, unfair dismissal by sally

‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’

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Littleton Chambers, 12th November 2019

Source: www.littletonchambers.com

Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers

Posted November 19th, 2019 in evidence, news, personal injuries, service, time limits by sally

‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’

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Park Square Barristers, 19th November 2019

Source: www.parksquarebarristers.co.uk

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

Claiming an interest in someone else’s property (Sandford v Oliver) – Radcliffe Chambers

Posted November 19th, 2019 in constructive trusts, land registration, news by sally

‘Family home constructive trusts have been discussed ad nauseam. Nevertheless, there are still points to learn from new judgments. Sandford is no exception—four practical points can be gleaned from just six pages of judgment.’

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Radcliffe Chambers, 14th November 2019

Source: radcliffechambers.com

Employers are Liable for the Actions of Manipulators in Automatically Unfair Dismissals – Old Square Chambers

Posted November 19th, 2019 in employment tribunals, news, trade unions, unfair dismissal by sally

‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’

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Old Square Chambers, 14th November 2019

Source: www.oldsquare.co.uk

Digital assets “are property” under English law – Legal Futures

Posted November 19th, 2019 in consultations, contracts, electronic commerce, jurisdiction, news by sally

‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’

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Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Costs and Co-operation: What Tenants Must do to Assist with Fire Safety -Radcliffe Chambers

Posted November 19th, 2019 in fire, health & safety, landlord & tenant, news by sally

‘Despite being such an important and topical issue, the key piece of fire safety legislation has received very little judicial or academic analysis. This article argues that, properly understood, the Regulatory Reform (Fire Safety) Order 2005 requires tenants to assist landlords in two ways. First, art.17 requires tenants to allow their landlord access to the demised premises to undertake fire safety repairs and improvements. Secondly, the key duties in the Order provide landlords with a strong defence to any challenge to the reasonableness of fire safety-related service charges.’

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Radcliffe Chambers, 14th November 2019

Source: radcliffechambers.com

Freed prisoners killing themselves at a rate of one every two days – The Guardian

Posted November 19th, 2019 in news, ombudsmen, probation, suicide, supervision orders by sally

‘The number of people who took their own life while on supervision after leaving prison has increased sixfold since 2010 to a rate of one every two days, fresh analysis seen by the Guardian shows.’

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The Guardian, 18th November 2019

Source: www.theguardian.com

Can You Keep A Half Secret? (Wood v Commercial First) – New Square Chambers

Posted November 19th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’

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New Square Chambers, 5th November 2019

Source: www.newsquarechambers.co.uk

Chip shop death: Geoffrey Bran cleared of murdering wife with oil – BBC News

Posted November 19th, 2019 in domestic violence, murder, news by sally

‘A chip shop owner accused of killing his wife by throwing boiling oil over her has been cleared of her murder.’

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BBC News, 19th November 2019

Source: www.bbc.co.uk

Solicitors urged to shorten their own witness statements – Litigation Futures

Posted November 19th, 2019 in case management, documents, news, solicitors, witnesses by sally

‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com