10/11/2020 – Current Awareness

Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers

Posted November 10th, 2020 in delay, news, personal injuries, postal service, sanctions, service by sally

‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’

Ropewalk Chambers, 5th November 2020

Source: www.ropewalk.co.uk

Restrictive Covenants: Ignore at your Peril – St Ives Chambers

Posted November 10th, 2020 in housing, news, public interest, restrictive covenants, Supreme Court by sally

‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’

St Ives Chambers, 8th November 2020

Source: www.stiveschambers.co.uk

Cell Site Evidence: Expert or Not? – St Philips Barristers

Posted November 10th, 2020 in conspiracy, drug trafficking, evidence, expert witnesses, news, telecommunications by sally

‘In R v Andrew Turner [2020] EWCA Crim 1241 the Court of Appeal considered the issue of when a professional witness crosses the line and gives expert evidence, in the context of mobile telephone analysis. The appeal concerned a conspiracy to supply class A drugs, the prosecution relied on mobile telephone and surveillance evidence. The appellant was said to be a driving force behind the conspiracy and that various incriminating mobile telephone numbers could be attributed to him.’

St Philips Barristers, 5th November 2020

Source: st-philips.com

Behind the Depp headlines: meaning, evidence and juries – Doughty Street Chambers

Posted November 10th, 2020 in defamation, domestic violence, evidence, juries, media, news by sally

‘On 2nd November 2020, Nicol J handed down his eagerly awaited judgment in Depp v News Group Newspapers and anor [2020] EWHC 2911 (QB). This high-profile case has been widely reported and needs little introduction. In short, Mr Depp failed in his defamation claim concerning an article published by The Sun that alleged that he had committed acts of violence against his then-wife Amber Heard. Nicol J held that the defendants had proved it was “substantially true” that Mr Depp had committed acts of violence against Ms Heard on twelve pleaded occasions.’

Doughty Street Chambers, 6th November 2020

Source: insights.doughtystreet.co.uk

Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

Posted November 10th, 2020 in compensation, defences, diminished responsibility, homicide, hospitals, illegality, mental health, negligence, news, solicitors by sally

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

Beneficial Joint Tenants, Survivorship and Creditors of a Deceased Bankrupt – Section 421A of the Insolvency Act 1986 – 33 Bedford Row

Posted November 10th, 2020 in bankruptcy, bereavement, landlord & tenant, news by sally

‘Where Person A and Person B are beneficial joint tenants of land/property (leasehold/freehold), and Person A dies, the effect of the rule of survivorship is that, from the moment of death forward, Person B will be left as the sole beneficial interest holder. It does not matter whether Person A dies testate or intestate, nor what Person A’s Will might say. Person B will be left as the sole beneficial interest holder. To put this into a typical, real world scenario: this will often be the case where two spouses/partners own land/property and one of them dies.’

33 Bedford Row, 24th October 2020

Source: www.33bedfordrow.co.uk

Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers

Posted November 10th, 2020 in computer crime, conflict of laws, cryptocurrencies, fraud, freezing injunctions, injunctions, news, theft by sally

‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’

Littleton Chambers, 13th October 2020

Source: littletonchambers.com

CVAs, COVID-19 and Rescue Culture – 3 Hare Court

Posted November 10th, 2020 in company law, coronavirus, insolvency, news by sally

‘Businesses across the United Kingdom are facing treacherous times. The COVID-19 pandemic and its consequent restrictions have caused many businesses to suffer a pronounced drop in income, turnover and profits whilst still being liable to pay overhead costs such as rent to landlords. When businesses start to re-open, they will need to find a way to pay the overhead costs accrued during the COVID-19 pandemic, as well as ongoing costs.’

3 Hare Court, 2nd November 2020

Source: www.3harecourt.com

The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB

Posted November 10th, 2020 in education, legislation, news, special educational needs, tribunals, Wales by sally

‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’

3PB, 4th November 2020

Source: www.3pb.co.uk

Second Coronavirus Lockdown – The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 – 33 Bedford Row

Posted November 10th, 2020 in coronavirus, freedom of movement, news, regulations by sally

‘Further to Prime Minister Boris Johnson’s televised statement to the nation on Halloween and his statement to Parliament on 2nd November, The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 were laid before Parliament on 3rd November (pursuant to s.45C(1) of the Public Health (Control of Disease) Act 1984).’

33 Bedford Row, 5th November 2020

Source: www.33bedfordrow.co.uk

Fact finding hearings: a case study F v. G [2020] EWHC 2396 – Becket Chambers

Posted November 10th, 2020 in children, coercive & controlling behaviour, news, practice directions by sally

‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’

Becket Chambers, 5th November 2020

Source: becket-chambers.co.uk

Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers

Posted November 10th, 2020 in amendments, contracting out, contracts, coronavirus, news, regulations by sally

‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’

39 Essex Chambers, 16th October 2020

Source: www.39essex.com

Court of Appeal considers service of notices on deceased tenants – Garden Court Chambers

Posted November 10th, 2020 in landlord & tenant, news, notification, postal service, service, succession by sally

‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’

Garden Court Chambers, 22nd October 2020

Source: www.gardencourtchambers.co.uk

The Self-Isolation Regulations: Implications for Employers – Henderson Chambers

Posted November 10th, 2020 in coronavirus, employment, health, news, penalties, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’

Henderson Chambers, 9th October 2020

Source: www.hendersonchambers.co.uk

Setting aside judgment for non-attendance: not necessarily what you may expect – Hardwicke Chambers

Posted November 10th, 2020 in adjournment, civil procedure rules, default judgments, news by sally

‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’

Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

Reducing Family Law Cases Backlog: Is Arbitration the Answer? – 33 Bedford Row

Posted November 10th, 2020 in arbitration, coronavirus, delay, dispute resolution, family courts, news by sally

‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’

33 Bedford Row, 30th October 2020

Source: www.33bedfordrow.co.uk

Family Law Newsletter – Spire Barristers

Posted November 10th, 2020 in care orders, child abduction, children, deprivation of liberty safeguards, domicile, news by sally

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

Do Practice Directions make perfect? – Hardwicke Chambers

Posted November 10th, 2020 in civil procedure rules, insolvency, news, practice directions, remote hearings by sally

‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’

Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

High Court strikes out “unmanageable” 200,000-strong group action – Litigation Futures

Posted November 10th, 2020 in abuse of process, choice of forum, class actions, news, pollution, striking out by sally

‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’

Litigation Futures, 9th November 2020

Source: www.litigationfutures.com

1
2
»

Categories

Archives