London borough recovers council home and £105,000 after securing housing fraud conviction – Local Government Lawyer

Posted January 21st, 2020 in fraud, housing, local government, news by sally

‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’

Full Story

Local Government Lawyer, 20th January 2020


Lie-detector tests planned for convicted terrorists freed on licence – The Guardian

Posted January 21st, 2020 in lie detectors, news, release on licence, terrorism by sally

‘Convicted terrorists will face lie-detector tests under a raft of measures drawn up in the wake of the most recent London Bridge attack to toughen up the monitoring of offenders in the community.’

Full Story

The Guardian, 21st January 2020


Privileged Information and Settlement Agreements – Parklane Plowden Chambers

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

Full Story

Parklane Plowden Chambers, 17th January 2020


NHS faces huge clinical negligence legal fees bill – BBC News

Posted January 21st, 2020 in costs, fees, hospitals, negligence, news by sally

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence, the BBC has learned through a Freedom of Information request.’

Full Story

BBC News, 21st January 2020


Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

Full Story

Doughty Street Chambers, 17th January 2020


Business owners beware! Take reasonable steps or risk a personal injury claim – Becket Chambers

Posted January 21st, 2020 in accidents, news, personal injuries by sally

‘This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957.’

Full Story

Becket Chambers, 15th January 2020


Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family – UK Constitutional Law Association

Posted January 21st, 2020 in constitutional law, Crown, news, Privy Council, royal family by sally

‘On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess of Sussex will step back from royal duties, no longer receive public funds, or ‘formally represent the Queen’. Neither will they use their HRH titles, and more generally they will not be classed as ‘working members of the Royal Family’. Instead, the Sussexes will pursue a new life in Canada, outside the structure of the Royal Family, although they have committed to continue to ‘uphold the values of Her Majesty’.’

Full Story

UK Constitutional Law Association, 21st January 2020


Recent Statutory Instruments –

Posted January 21st, 2020 in legislation by tracey

The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020

The Safety of Sports Grounds (Designation) (Amendment) Order 2020

The Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020


BAILII: Recent Decisions

Posted January 21st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 (21 January 2020)

W (A Child: Leave To Oppose Adoption) [2020] EWCA Civ 16 (21 January 2020)

Ping Europe Ltd v Competition and Markets Authority [2020] EWCA Civ 13 (21 January 2020)

British Telecommunications PLC, R (On the Application Of) v Treasury [2020] EWCA Civ 1 (21 January 2020)

The London Borough of Bromley v Persons Unknown (Rev 3) [2020] EWCA Civ 12 (21 January 2020)

Wickes Building Supplies Ltd v Blair (No.2 : Costs) [2020] EWCA Civ 17 (21 January 2020)

High Court (Administrative Court)

British Medical Association (BMA), R (On the Application Of) v Secretary of State for Health And Social Care [2020] EWHC 64 (Admin) (17 January 2020)

High Court (Chancery Division)

Russell v Cartwright & Ors [2020] EWHC 41 (Ch) (20 January 2020)

Martin v Martin [2020] EWHC 49 (Ch) (20 January 2020)

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) (17 January 2020)

Pharmagona Ltd v Taheri & Anor [2020] EWHC 66 (Ch) (17 January 2020)

Koninklijke Philips NV v Asustek Computer Inorporation & Ors [2020] EWHC 29 (Ch) (17 January 2020)

Nektan (Gibraltar) Ltd, Re In the Matter of the Insolvency Act 1986 [2020] EWHC 65 (Ch) (17 January 2020)

Zedra Trust Company (Jersey) Ltd v The Hut Group Ltd & Ors [2020] EWHC 5 (Ch) (17 January 2020)

Inspiration Finance Ltd v Cadwallader & Anor [2020] EWHC 15 (Ch) (17 January 2020)

Northamber Plc v Genee World Ltd & Ors [2020] EWHC 31 (Ch) (16 January 2020)

High Court (Commercial Court)

Taqa Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 (Comm) (17 January 2020)

High Court (Queen’s Bench Division)

Carter & Anor v Essex Police [2020] EWHC 77 (QB) (21 January 2020)

Hamilton v News Group Newspapers Ltd [2020] EWHC 59 (QB) (20 January 2020)


Ep 101: Should medical claims be done differently? – Law Pod UK

Posted January 21st, 2020 in hospitals, negligence, news, podcasts by sally

‘Medical negligence experts James Badenoch QC (now retired) and David Hart QC of 1 Crown Office Row discuss some of the solutions proposed to the vast expense to the NHS of damages claims in negligence and whether any of these propositions – such as a tariff system run by the Criminal Injuries Compensation Board – is feasible.’

Full Story

Law Pod UK, 20th January 2020


Bar regulator struggles with rise in complaints from public – Legal Futures

Posted January 21st, 2020 in barristers, complaints, news by sally

‘The Bar Standards Board (BSB) is struggling to cope with the rise in complaints from members of the public, its annual enforcement report has revealed.’

Full Story

Legal Futures, 21st January 2020


Reconsideration of a visa or immigration decision – Richmond Chambers

Posted January 21st, 2020 in government departments, immigration, news, tribunals, visas by sally

‘A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.’

Full Story

Richmond Chambers, 20th January 2020


Domestic violence prevention work ‘should focus on offenders’ – BBC News

Posted January 21st, 2020 in crime prevention, domestic violence, news by sally

‘The government is being urged to set up domestic violence prevention programmes targeting offenders as well as victims.’

Full Story

BBC News, 21st January 2020


Transgender woman ends bid to see her ultra-Orthodox Jewish children – The Guardian

Posted January 21st, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to transition from male to female has abandoned a family court fight to see her five children.’

Full Story

The Guardian, 20th January 2020


What evidence does the adjudicator find useful when considering delay? – Hardwicke Chambers

Posted January 21st, 2020 in causation, construction industry, delay, news by sally

‘White Constructions, a developer, engaged a sewer designer (“IWS”) and water servicing coordinator (“SWC”) to design a sewerage solution that complied with New South Wales regulations. The initial design was rejected by the relevant authorities, but a second design was later submitted and accepted. Subsequently, White Constructions brought proceedings against IWS and SWC for failing to produce a sewer design acceptable to the relevant authority within a reasonable time period, submitting that this failure caused delay to the completion of the project and thereby led to significant additional costs. At trial, the parties were each permitted to engage their own experts to assess the alleged delay. White Construction’s expert used an ‘as planned versus as-built windows analysis’, stipulating that there had been a serious delay of 240 days. The Defendants’ expert used a ‘collapsed as-built (or “but-for”) analysis’, demonstrating that there had been, at most, a 19-day delay. However, neither evidences were used by the Court because the they seen as not being appropriate for the case. Instead, the Court appointed a third expert whose evidence was preferred. The Court found that no breach had been established and so damages were not awarded.’

Full Story

Hardwicke Chambers, 16th January 2020


Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

Full Story

Guildhall Chambers, 17th January 2020


Third of barristers see cuts and changes to legal aid as “critical challenge”, LexisNexis report finds – Local Government Lawyer

Posted January 21st, 2020 in barristers, budgets, legal aid, news by sally

‘Family and criminal barristers handling publicly funded work consider the cuts and changes to legal aid as a major concern, a report by LexisNexis UK has revealed.’

Full Story

Local Government Lawyer, 20th January 2020


Gunman jailed after shooting at police in Gloucester – BBC News

Posted January 21st, 2020 in firearms, news, offensive weapons, sentencing by sally

‘A man with an “Aladdin’s cave of weapons” in his home shot at police through his letterbox and threatened to “blow their brains out”, a court heard.’

Full Story

BBC News, 20th January


Eating disorders: 12 deaths in seven years led to coroner warnings – The Guardian

Posted January 21st, 2020 in coroners, hospitals, mental health, news, suicide, young persons by sally

‘At least 12 highly vulnerable people with eating disorders have died over the last seven years after failings in care that were so severe that coroners in England and Wales issued legal warnings to hospitals to try to prevent further deaths.’

Full Story

The Guardian, 19th January 2020


Sibling relationships in the care system – Transparency Project

Posted January 21st, 2020 in care orders, children, families, news by sally

‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’

Full Story

Transparency Project, 19th January 2020