Family Law Newsletter – Spire Barristers

‘Issue #43 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella. Francesca is due to begin pupillage at Spire Barristers in September 2021.’

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Spire Barristers, 16th February 2021


Anti-Discrimination and Harassment Training – Pump Court Chambers

‘The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace.’

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Pump Court Chambers, 17th February 2021


Court refuses to approve tainted fiduciary decision making (Schumacher v Clarke) – New Square Chambers

Posted February 18th, 2021 in charities, conflict of interest, fiduciary duty, news, trusts, wills by sally

‘The court was faced with a category 2 and 3 Public Trustee v Cooper application principally for the approval of a momentous decision. The court was initially asked to approve the entirety of a settlement reached between four trustees split into two camps but later asked to approve only the dispositive elements of the settlement. The settlement unusually resolved disputes between the trustees rather than between trustees and beneficiaries or third parties. The court was concerned with mutual allegations of inappropriate action as fiduciaries and the failure of both sides to manage conflicts of interest in arriving at a settlement. After stressing that such factors could impair the decision reached and which the court was asked to approve, the court refused its approval of part of the settlement. Written by James Saunders, barrister, at New Square Chambers.’

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New Square Chambers, 11th February 2021


Recent Statutory Instruments –

Posted February 18th, 2021 in legislation by tracey

The Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2021


BAILII: Recent Decisions

Posted February 18th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Her Majesty’s Revenue and Customs v Carrington [2021] EWCA Civ 174 (18 February 2021)

Project for the Registration of Children As British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 193 (18 February 2021)

Revenue And Customs v MCX Dunlin (UK) Ltd [2021] EWCA Civ 186 (17 February 2021)

High Court (Administrative Court)

Pearce v Secretary of State for Business Energy And Industrial Strategy [2021] EWHC 326 (Admin) (18 February 2021)

The Motherhood Plan & Anor, R (On the Application Of) v & Anor [2021] EWHC 309 (Admin) (17 February 2021)

High Court (Chancery Division)

Kings Security Systems Ltd v King & Anor [2021] EWHC 325 (Ch) (18 February 2021)

Tyburn Film Productions Ltd v British Telecommunications PLC [2021] EWHC 334 (Ch) (18 February 2021)

Gategroup Guarantee Ltd, Re [2021] EWHC 304 (Ch) (17 February 2021)

Criterion Buildings Ltd v McKinsey & Company Inc (United Kingdom) & Anor [2021] EWHC 314 (Ch) (17 February 2021)

High Court (Commercial Court)

Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd [2021] EWHC 333 (Comm) (18 February 2021)

Piraeus Financial Holdings SA v Grand Anemi & Ors [2021] EWHC 327 (Comm) (17 February 2021)

High Court (Queen’s Bench Division)

Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB) (18 February 2021)


Free speech in Universities – Monckton Chambers

Posted February 18th, 2021 in chambers articles, compensation, freedom of expression, news, universities by sally

‘Free speech in Universities, or the lack thereof, is in the spotlight. On 16 February 2021, it is was reported in the mainstream media that the government is to bring forward legislation that will enable academics, students or visiting students who are “no-platformed” to sue universities for compensation where they feel they have suffered because their right to free speech has been curtailed. Apparently, the proposal is one of a number which will be put forward by the Secretary of State for Education, in order to protect free speech in universities in England. The Guardian reported that “the government wants to introduce a statutory tort for breaches of the free speech duty, which would enable academic staff or students who have been expelled, dismissed or demoted to seek redress through the courts.” The government is also proposing to appoint a “free speech champion”, who will be responsible for investigating potential infringements of free speech in the higher education sector.’

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Monckton Chambers, 17th February 2021


Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another – Hardwicke Chambers

Posted February 18th, 2021 in abuse of process, chambers articles, negligence, news, res judicata, striking out by sally

‘In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks of previous decision and abuse of process. As such it is valuable reading to litigators generally and particularly those in the field of professional negligence.’

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Hardwicke Chambers, 12th February 2021


Contentious Wills & Probate Case Law Roundup 2020: Part I – Parklane Plowden Chambers

Posted February 18th, 2021 in fees, financial provision, news, repossession, wills by sally

‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’

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Parklane Plowden Chambers, 8th February 2021


Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

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Garden Court Chambers, 17th February 2021


The modern family – the interpretation of children, spouses and civil partners in older trust deeds – Wilberforce Chambers

‘It has become cliché to say that modern familial arrangements are vastly different now to how they were 50 years ago, but that does not make it any less true. In 2019, almost half of all births were outside of a marriage or civil-partnership, and 3,440 children were adopted from local authority care. With the passage of the Marriage (Same-Sex Couples) Act 2013, and the Civil Partnership (Opposite Sex Couples) Regulations 2019, the range of relationships that can be legally recognised, and the form that this recognition takes are also very different. Given the age of many settlements, traditional definitions of “children” or “spouse” can cause real difficulties.’

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Wilberforce Chambers, 17th February 2021


Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021


Ep 136: Essential Inquest Law Updates – Law Pod UK

Posted February 18th, 2021 in inquests, legal profession, news, podcasts by sally

‘In Episode 136, Emma-Louise Fenelon speaks to Rachel Marcus and Jim Duffy about the developments inquest law practitioners will need to know about.’

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Law Pod UK, 17th February 2021


Privatisation of children’s services is bad for children and bad for taxpayers – Transparency Project

Posted February 18th, 2021 in children, contracting out, news, social services by sally

‘When the Care Review was formally announced in January, one of the first actions of its chair, Josh MacAlister, was to ask the Competition and Markets Authority to investigate the children’s social care ‘market’ in England. This was announced even before MacAlister takes up his post, which is not until March.’

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Transparency Project, 17th February 2021


Covid: Court rejects self-employed mothers’ sexual discrimination case – BBC News

‘The charity Pregnant Then Screwed has lost its legal challenge against the government for indirect sexual discrimination over the amount of support self-employed mothers received.’

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BBC News, 17th February 2021


N.A. Moreham: Police investigations: privacy, confidence and public duties – UK Constitutional Law Association

Posted February 18th, 2021 in confidentiality, misuse of private information, news, police, public interest by sally

‘The Court of Appeal has recently affirmed the proposition that a person can be liable under the misuse of private information tort for revealing that someone is the subject of a police investigation before they have been charged. This raises important questions about the relationship between the citizen and the state when the former has the latter under investigation. But so far that relationship has not been central to the courts’ decision-making on this issue. Rather, the basis for liability has been a broad-brush conclusion that a person will generally have a reasonable expectation of privacy in the fact that they “have simply come under suspicion” of the police or other state authority. This blog post will suggest there is a better way to resolve these tricky cases.’

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UK Constitutional Law Association, 18th February 2021


Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

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Law Society's Gazette, 17th February 2021


Court of Appeal allows appeal by father against abuse findings over insufficient reasoning, failure by judge to take into account material factors – Local Government Lawyer

Posted February 18th, 2021 in child abuse, domestic violence, evidence, judgments, news, reasons by sally

‘The Court of Appeal has allowed an appeal by a father over a Family Court judge’s finding that he had abused his daughter, with the matter remitted to be reheard by a different judge.’

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Local Government Lawyer, 17th February 2021


17 Human Rights Groups Are Boycotting The Government’s Prevent Review – Here’s All The Context – Each Other

Posted February 18th, 2021 in human rights, Islam, minorities, news, terrorism by sally

‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’

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Each Other, 17th February 2021


BLM UK to fund ‘people’s tribunal’ for deaths in custody – The Guardian

Posted February 18th, 2021 in death in custody, news, police, prisons, tribunals by sally

‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’

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The Guardian, 17th February 2021


‘Patriarchal’ no-sex annulment law must be reformed says divorcing doctor – Daily Telegraph

Posted February 18th, 2021 in divorce, marriage, news by sally

‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’

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Daily Telegraph, 16th February 2021