Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

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No. 5 Chambers, 21st January 2021

Source: www.no5.com

Proof, expert evidence and credibility in trafficking cases – EIN Blog

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

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EIN Blog, 21st January 2021

Source: www.ein.org.uk

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

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Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in abuse of process, appeals, chambers articles, housing, news, planning, striking out by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

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No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

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Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

FCA v Arch Insurance (UK) Ltd and others – St John’s Chambers

‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’

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St John's Chambers, 21st January 2021

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted January 22nd, 2021 in chambers articles, families, family courts, news by sally

‘Issue #42 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 15th January 2021

Source: spirebarristers.co.uk

Time to act: the UK Trust Register and the Fifth Money Laundering Directive – Wilberforce Chambers

Posted January 22nd, 2021 in chambers articles, EC law, HM Revenue & Customs, news, trusts by sally

‘HMRC’s registration requirements for trusts may not have been the focus of many practitioners’ attention during 2020, but the 31 January deadline for Trusts Registration Service notifications is likely to focus minds not just on annual compliance requirements, but also on the myriad of changes that have taken place over the past year.’

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Wilberforce Chambers, 19th January 2021

Source: www.wilberforce.co.uk

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament – UK Constitutional Law Association

Posted January 22nd, 2021 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it remarkable that any deal has been reached, let alone one that spans 1246 pages. To put this in context, only a fortnight before the deal was reached, Australia concluded its own 9th formal round of negotiations with the EU; however, this was after over two and half years of negotiations, which will continue for the foreseeable future. And while the resounding parliamentary vote in favour of implementing the TCA (521 votes in favour and 73 against) is good for the political legitimacy of the deal, the swiftness of the vote is less good in terms of democratic process and participation.’

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UK Constitutional Law Association, 20th January 2021

Source: ukconstitutionallaw.org

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

Assange cannot be extradited, but free speech arguments dismissed — an extended look – UK Human Rights Blog

‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Alexia Walenkaki swing death: Tower Hamlets Council fined £330,000 – BBC News

‘A council has been fined £330,000 after a five-year-old girl died when a swing set collapsed on her in east London.’

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BBC News, 22nd January 2021

Source: www.bbc.co.uk

‘Professionally embarrassed’ lawyers wrong to withdraw during murder trial – Legal Futures

Posted January 22nd, 2021 in appeals, barristers, evidence, firearms, forensic science, murder, news, trials by sally

‘The legal team of a man accused of murder was wrong to withdraw during the trial citing “professional embarrassment” but the move did not render his subsequent conviction unsafe, the Court of Appeal has ruled.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Ronan Cormacain: Protecting Veterans or Protecting the Ministry of Defence? Clarity in the Overseas Operations Bill – UK Constitutional Law Association

‘Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting for. The need for clarity in legislation is set out as the first principle of Bingham’s definition of the Rule of Law, and the need for intelligibility in legislation is a requirement of the Venice Commission Checklist on the Rule of Law. This is one of the rationales for a parliamentary democracy. The Overseas Operations (Service Personnel and Veterans) Bill is designed to offer legal protections to UK armed forces, and the Ministry of Defence, in relation to overseas military operations. The Bill’s Second Reading took place this week in the House of Lords. But the Bill is disingenuous: in form it is about protecting veterans, whilst in substance it is about protecting the Ministry of Defence.’

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UK Constitutional Law Association, 22nd January 2021

Source: ukconstitutionallaw.org

TV licence fee decriminalisation decision shelved – BBC News

Posted January 22nd, 2021 in BBC, consultations, criminal justice, fines, government departments, licensing, news by sally

‘The government has decided not to move ahead with plans to decriminalise non-payment of the TV licence fee, but said it would “remain under active consideration”.’

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BBC News, 21st January 2021

Source: www.bbc.co.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk