Irwell v Watson: tribunals as a one stop shop – by John Bowers QC – Littleton Chambers

Posted February 11th, 2021 in chambers articles, employment tribunals, insurance, news, third parties by sally

‘Employment tribunals were intended when first introduced in 1963 to be easily accessible, simple, and straightforward but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court, however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.’

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Littleton Chambers, 5th February 2021

Source: littletonchambers.com

Procurement—withdrawal of challenged award decision ends automatic suspension (Aquila Heywood Ltd v Local Pensions Partnership) – Henderson Chambers

Posted February 11th, 2021 in chambers articles, contracts, news, public procurement, regulations by sally

‘Local Pensions Partnership Administration Ltd (LPPA) awarded a contract under a framework. Acquila Heywood Ltd (Acquila) issued proceedings challenging the award on various bases. LPPA then withdrew the award decision and replaced it with a second decision in which Acquila was again unsuccessful. Acquila did not issue proceedings in respect of the second decision or amend its existing claim. The court held that the automatic suspension which arose under regulation 95 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 only prevented LPPA from awarding the contract pursuant to the first decision. Once that decision had been withdrawn and the bids re-evaluated, it served no further purpose. LLPA was therefore not required to refrain from entering into a contract pursuant to its second decision. LPPA’s application to lift the suspension pursuant to PCR 2015, SI 2015/102, reg 96(1)(a) was unnecessary.’

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Henderson Chambers, 9th February 2021

Source: www.hendersonchambers.co.uk

The One Thing Every Business Needs From Its Employment Lawyer This Year – Littleton Chambers

‘As legal advisers our job starts long before the court room and it is where we do our most valuable work. A world in which people don’t experience discrimination is a world in which no discrimination claims are brought and a world in which considerable time, stress, cost etc. is saved. Ok, it is also a world in which our litigation practice suffers but let’s be honest, we are a long way from that world and we could get considerably closer to it without worrying too much about having to rethink our career choices.’

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Littleton Chambers, 8th February 2021

Source: littletonchambers.com

Personal Injury Newsletter – Exchange Chambers

‘In the February 2021 edition of the personal injury newsletter:

Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.

Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.

Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.

Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’

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Exchange Chambers, February 2021

Source: lexlinks.exchangechambers.co.uk

Drawing the boundaries of the Quincecare duty in cases of fraud (Philipp v Barclays Bank plc) – Forum Chambers

Posted February 11th, 2021 in banking, chambers articles, duty of care, fraud, news by sally

‘Dispute Resolution analysis: Barclays Bank plc successfully applied for summary judgment against Mrs Philipp (the claimant) in respect of her claim that Barclays breached its so-called Quincecare duty in failing to prevent the fraudulent dissipation of £700,000 following an authorised push payment fraud, ie a fraud where the victim is induced by the fraudster to authorise a payment instruction to transfer funds to the fraudster. The High Court determined that the claimant’s claim had no real prospects of success since the claim was dependent upon an impermissible and unprincipled extension of the Quincecare duty to situations where a bank acts on a customer’s authorised payment instructions. The duty was held to be confined to situations where an agent of the customer sought to misappropriate funds as had been the case in previously decided cases such as Singularis Holdings Ltd (In Official Liquidation.’

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Forum Chambers, 2nd February 2021

Source: www.forumchambers.com

D and F v Persons Unknown: anonymity under the Venables jurisdiction – Doughty Street Chambers

Posted February 11th, 2021 in anonymity, chambers articles, human rights, murder, news by sally

‘In D and F v Persons Unknown [2021] EWHC 157 (QB), handed down on 4th February, Tipples J granted an order permanently preventing the identification of two young women convicted of murdering Angela Wrightson.’

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Doughty Street Chambers, 8th February 2021

Source: insights.doughtystreet.co.uk

Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers

‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’

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Broadway House Chambers, 8th February 2021

Source: broadwayhouse.co.uk

Criminal Law Update – Devon Chambers

Posted February 11th, 2021 in chambers articles, codes of practice, criminal procedure, disclosure, news by sally

‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’

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Devon Chambers, February 2021

Source: www.devonchambers.co.uk

Astra-Zeneca v EU – the vaccine row explained in straightforward terms – The 36 Group

Posted February 11th, 2021 in chambers articles, contracts, coronavirus, EC law, medicines, news by sally

‘On 1 February, AstraZeneca told the EU that it would deliver around 50% of the 80 million COVID-19 vaccine doses that it had previously told the EU for the first quarter of 2021.’

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The 36 Group, 10th February 2021

Source: 36group.co.uk

The Mangrove Nine and the history of English juries – 6KBW College Hill

Posted February 11th, 2021 in bills, criminal procedure, juries, legal history, news by sally

‘Criminal lawyers watching Steve McQueen’s Mangrove on the BBC last year may have raised an eyebrow or two during the scenes at the Old Bailey. Lawyers are used to seeing their TV counterparts do things they would never see in their practice, yet in this case it was not an inaccuracy that stood out, but the wholly accurate portrayal of a process that is now extinct in England and Wales.’

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6KBW College Hill, 11th February 2021

Source: blog.6kbw.com

Alternative Dispute Resolution – Becket Chambers

Posted February 11th, 2021 in chambers articles, coronavirus, delay, family courts, news by sally

‘The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, often prejudicial, delay in ending what is for most participants a highly unpleasant and distressing experience.’

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Becket Chambers, 1st February 2021

Source: becket-chambers.co.uk

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

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5SAH, 11th February 2021

Source: www.5sah.co.uk

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

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2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Tribunal reduces damages awarded against sweary senior partner – Legal Futures

Posted February 11th, 2021 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal ordered to reconsider the damages it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm has reduced them by 20%.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Eviction of Euston tunnel HS2 protesters can continue, judge rules – The Guardian

Posted February 11th, 2021 in demonstrations, health & safety, human rights, news, railways by sally

‘A high court judge has ruled against a call to halt the eviction of protesters from a tunnel beside Euston Square on grounds of safety.’

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The Guardian, 10th February 2021

Source: www.theguardian.com

The powers being used to disrupt a terror group – BBC News

Posted February 11th, 2021 in appeals, news, terrorism, terrorism prevention & investigation measures by sally

‘Two members of the banned group al-Muhajiroun have lost an appeal against terrorism measures used by the government to limit their activities. The BBC has investigated how the measures are being employed to disrupt the organisation’s leadership.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

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Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Solicitor lied to High Court in claim brought by former partner – Legal Futures

Posted February 11th, 2021 in disciplinary procedures, evidence, news, solicitors, witnesses by sally

‘A solicitor who lied to a High Court judge during the trial of a dispute with a former partner in his law firm has been struck off.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk