16/04/2021 – Current Awareness

Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden

Posted April 16th, 2021 in cancer, chambers articles, damages, deceit, doctors, negligence, news by sally

‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’

Parklane Plowden, 1st April 2021

Source: www.parklaneplowden.co.uk

Alerter: The EU-UK Trade & Cooperation Agreement: what does it mean for consumer protection & product liability? – Henderson Chambers

Posted April 16th, 2021 in brexit, chambers articles, consumer protection, news, sale of goods by sally

‘After months of negotiation, the EU-UK Trade and Cooperation Agreement (“TCA”), agreed in principle on 24 December 2020, is to govern trade and services between the UK and EU from 1 January 2021. Whilst the predominant focus is on the continued absence of tariffs or quotas on goods traded between the UK and EU provided those goods meet the rules of origin, for many other key areas it is a framework for more substantial future agreements. In this alerter, we explore the key features of the TCA in relation to product liability and consumer protection.’

Henderson Chambers, 31st March 2021

Source: www.hendersonchambers.co.uk

Proving The Driver Isn’t Always At Fault – Old Square Chambers

Posted April 16th, 2021 in accidents, causation, chambers articles, damages, news, personal injuries, road traffic by sally

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

High Court dismisses allegations over administrators’ conduct – OUT-LAW.com

Posted April 16th, 2021 in administrators, chambers articles, insolvency, liquidators, news by tracey

‘The High Court of England and Wales has dismissed a claim brought by the liquidators of One Blackfriars Limited against its former joint administrators over the sale of the company’s main asset, a development site in Blackfriars, London.’

OUT-LAW.com, 15th April 2021

Source: www.pinsentmasons.com

New Statutory Instruments – legislation.gov.uk

Posted April 16th, 2021 in legislation by tracey

The Town and Country Planning (General Permitted Development) (England) (Amendment) (Coronavirus) Order 2021

The Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Reports) (Authorised Person) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 16th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Michael Wilson & Partners Ltd v Sinclair & Ors [2021] EWCA Civ 505 (16 April 2021)

National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548 (16 April 2021)

Stanford International Bank Ltd v HSBC Bank Plc [2021] EWCA Civ 535 (15 April 2021)

Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 (15 April 2021)

Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492 (15 April 2021)

Court of Appeal (Criminal Division)

London Borough of Barnet v Kamyab [2021] EWCA Crim 543 (15 April 2021)

High Court (Administrative Court)

Trent, R (On the Application Of) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021)

Schofield, R (On the Application Of) v Secretary Of State For The Home Department [2021] EWHC 902 (Admin) (16 April 2021)

Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) (14 April 2021)

High Court (Chancery Division)

Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) (16 April 2021)

Virgin Active Holdings Ltd & Ors, Re (Part 26A of the Companies Act 2006) [2021] EWHC 911 (Ch) (16 April 2021)

Stonard v Green Shoots Capital UK Ltd [2021] EWHC 927 (Ch) (16 April 2021)

Blackpool Football Club (Properties) Ltd v Coope & Anor [2021] EWHC 910 (Ch) (15 April 2021)

High Court (Commercial Court)

Tugushev v Orlov & Ors [2021] EWHC 926 (Comm) (16 April 2021)

Source: www.bailii.org

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

Posted April 16th, 2021 in appeals, chambers articles, disciplinary procedures, employment, employment tribunals, estoppel, harassment, news, res judicata, sexual offences, trade unions by sally

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by tracey

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Female juniors head towards equality before top court – Litigation Futures

Posted April 16th, 2021 in barristers, diversity, equality, gender, news, statistics, Supreme Court, women by tracey

‘The ratio of women to men appearing before the Supreme Court has improved hugely in recent years at junior levels, although less so at senior levels, a comprehensive survey has shown.’

Litigation Futures, 15th April 2021

Source: www.litigationfutures.com

Senior City lawyers want to continue working flexibly – or will leave – Legal Futures

Posted April 16th, 2021 in coronavirus, employment, flexible working, law firms, news, solicitors by tracey

‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’

Legal Futures, 16th April 2021

Source: www.legalfutures.co.uk

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

Posted April 16th, 2021 in contract of employment, coronavirus, employment, employment tribunals, law firms, news, solicitors, unfair dismissal by tracey

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted April 16th, 2021 in damages, divorce, families, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Family Law, 16th April 2021

Source: www.familylaw.co.uk

Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette

Posted April 16th, 2021 in compensation, drafting, fees, law firms, negligence, news, solicitors by tracey

‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’

Law Society's Gazette, 15th April 2021

Source: www.lawgazette.co.uk

Home Office breaching human rights law by failing to investigate detainee deaths, court rules – The Independent

Posted April 16th, 2021 in death in custody, deportation, detention, government departments, human rights, immigration, news, witnesses by tracey

‘The Home Office’s policy for investigating deaths in immigration detention has been found to breach human rights law.’

The Independent, 15th April 2021

Source: www.independent.co.uk

Demands for ‘urgent’ reform after watchdog finds ‘no boundaries’ for civil servants in private jobs – The Independent

Posted April 16th, 2021 in civil servants, conflict of interest, government departments, lobbying, news, ombudsmen, parliament, political parties by tracey

‘The head of a Whitehall watchdog has called for “urgent” reform of the system for vetting private sector appointments for senior civil servants and ministers, warning that “there doesn’t seem to have been any boundaries at all” for an adviser who moved straight from the heart of government to the failed finance company Greensill.’

The Independent, 16th April 2021

Source: www.independent.co.uk

Gloucester swimming instructor jailed for abusing 3-year-old girl – BBC News

Posted April 16th, 2021 in child abuse, children, imprisonment, indecent photographs of children, news, sentencing, sexual offences by tracey

‘A “perverted” swimming instructor who sexually abused a three-year-old girl he was babysitting has been jailed.’

BBC News, 15th April 2021

Source: www.bbc.co.uk

Universities ignoring rape culture warnings, say campaigners – The Guardian

Posted April 16th, 2021 in complaints, duty of care, harassment, news, rape, sex discrimination, sexual offences, statistics, universities, women by tracey

‘Universities have ignored repeated warnings to tackle rape culture on campus, and left themselves exposed to lawsuits and reputational damage, according to lawyers and campaigners.’

The Guardian, 15th April 2021

Source: www.theguardian.com

Harvey Tyrrell death: Pub owner jailed over boy’s electrocution death – BBC News

Posted April 16th, 2021 in causing death of children or vulnerable adults, children, energy, health & safety, homicide, imprisonment, licensed premises, news, sentencing by tracey

‘A pub owner has been jailed after admitting responsibility for the death of a seven-year-old boy who was electrocuted in a beer garden.’

BBC News, 16th April 2021

Source: www.bbc.co.uk

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