Recovery against insolvent estates – The 36 Group

‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’

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The 36 Group, 26th October 2020

Source: 36group.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Four in ten parents “do not understand remote hearings” – Legal Futures

Posted October 28th, 2020 in coronavirus, families, family courts, news, remote hearings, statistics by sally

‘Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered.’

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Legal Futures, 28th October 2020

Source: www.legalfutures.co.uk

The Covert Human Intelligence Sources (Criminal Conduct) Bill 2020 – Garden Court Chambers

‘The Government recently submitted the Covert Human Intelligence Sources (Criminal Conduct) Bill to Parliament. This Bill seeks to put the ability of undercover operatives to commit criminal offences in the course of their deployment on a statutory footing. It will be achieved by amending the Regulation of Investigatory Powers Act 2000 (RIPA) to allow a diverse range of state agencies to authorise their Covert Human Intelligence Source (CHIS) to commit criminal offences where necessary for protecting national security, preventing or detecting crime or disorder, or protecting the economic wellbeing of the UK. This will have the effect of making such activity “lawful for all purposes”, which, without providing so explicitly, effectively means full civil and criminal immunity for those who act within the terms of the authorisation.’

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Garden Court Chambers, 8th October 2020

Source: www.gardencourtchambers.co.uk

Black people nine times more likely to face stop and search than white people – The Guardian

‘Black people are nine times more likely to be stopped and searched by police than white people, official figures for England and Wales show.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

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Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Be yourselves, Black female QCs advise young barristers – Legal Futures

Posted October 28th, 2020 in barristers, diversity, equality, news, race discrimination, racism, women by sally

‘Young barristers from ethnic minorities should not be afraid to be who they are – including maintaining their hair in its natural look – as they look to progress, pioneering QCs have advised.’

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Legal Futures, 28th October 2020

Source: www.legalfutures.co.uk

Inquest concludes that fatal stabbing of Bathsheba Shepherd could have been prevented – Garden Court Chambers

‘The family of a vulnerable woman who was killed by her housemate while in supported accommodation have spoken of their loss after an inquest found that her death could have been prevented if effective risk assessments had been carried out.’

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Garden Court Chambers, 5th October 2020

Source: www.gardencourtchambers.co.uk

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

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Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

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Littleton Chambers, 9th October 2020

Source: littletonchambers.com

‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian

‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Judge: Disclosure pilot demands co-operation, not unilateral action – Litigation Futures

Posted October 28th, 2020 in disclosure, judges, news, pilot schemes by sally

‘Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.’

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Litigation Futures, 28th October 2020

Source: www.litigationfutures.com

UK mobile phone firms to be banned from selling locked handsets – The Guardian

Posted October 28th, 2020 in consumer protection, news, ombudsmen, sale of goods, telecommunications by sally

‘Mobile phone companies are to be banned from selling devices that are locked into specific networks to make it easier for customers to switch providers.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Mirchandani– some good news for Private Prosecutors – 2 Hare Court

Posted October 27th, 2020 in confiscation, costs, news, private prosecutions by sally

‘It is well established that private prosecutors may pursue confiscation proceedings in the Crown Court and that confiscation proceedings, as part of the sentencing process, are properly classified as part of the criminal proceedings. As such, if successful, a private prosecutor can expect to recover from central funds costs incurred in such proceedings, under s.17 of the Prosecution of Offences Act 1985, which, as amended, provides that a court may award such costs in “any” proceedings “in respect of an indictable offence”; and, in any proceedings before a Divisional Court of the QBD or the Supreme Court “in respect of a summary offence”.’

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2 Hare Court, 13th October 2020

Source: www.2harecourt.com

CVA – 3 Hare Court

Posted October 27th, 2020 in company law, compromise, insolvency, news by sally

‘In this article Richard Bottomley gives an overview of what Company Voluntary Arrangements (“CVAs”) are, when they are used and the advantages and disadvantages to the company and creditors.’

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3 Hare Court, October 2020

Source: www.3harecourt.com

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal – 3PB

‘C was dismissed for refusing to apologise for offending his colleagues. C’s position was that he had mixed up his words due to his dyslexia. The offence that he had caused was unintentional. He had refused to apologise, or to apologise sufficiently, for that reason. He asserted that he was being required to communicate in a way that could not be misinterpreted, and that as a Stoic this was something that he could not do.’

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3PB, 7th October 2020

Source: www.3pb.co.uk

Taking a Cut? Reflections on Belsner v Cam Legal Services Ltd – 4 New Square

Posted October 27th, 2020 in costs, damages, news, personal injuries, solicitors by sally

‘The latest case on solicitors deducting costs from damages in fixed costs cases is causing a stir, but Rob Marven QC and Ben Williams QC of 4 New Square argue that it is a decision on unusual facts, and that some key issues went unexplored.’

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4 New Square, 22nd October 2020

Source: www.4newsquare.com