DON’T LOOK NOW: Non-party costs orders and Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 – 3PB

Posted August 6th, 2021 in appeals, chambers articles, costs, news by sally

‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:

“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’

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3PB, 30th July 2021


Professional Discipline & Regulatory Team Bulletin – Summer 2021 – 23 Essex Street

Posted August 6th, 2021 in chambers articles, expert witnesses, hospitals, news, professional conduct by sally

‘In this edition of the Professional Discipline & Regulatory Team quarterly bulletin, Carolina Cabral discusses the need for expert evidence where matters are of common sense(pp.2-4) and Divya Puri helpfully reminds us of the process and procedure to be undertaken when applying for a High Court extension to an interim order (pp.5-7) We also include our usual brief summary of some recent cases.’

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23 Essex Street, 2nd August 2021


Winding Up Petitions – Balancing Supporting and Opposing Creditors – 33 Bedford Row

Posted August 6th, 2021 in bankruptcy, chambers articles, debts, insolvency, news, winding up by sally

‘Where a creditors’ winding up petition is presented and the petitioner seeks a winding up order under section 122(1)(f) of the Insolvency Act 1986, and the debtor/respondent company does not resist or its points of defence/opposition prove unmeritorious, the petitioner will be entitled to a winding up order as of right (in Latin, ex debito justitiae). However, this “as of right” entitlement only relates to the relationship between the petitioner and the debtor/respondent (‘debtor’). Where the debtor has only one creditor, i.e. the petitioning creditor, there will be no other, wider interests, to consider (leaving aside the rare intrusion of contributories’ interests). However, where the debtor has other creditors, those other creditors may wish[5] for their voices to be heard as to whether the Companies Court should, under section 125 of the Insolvency Act 1986: (i) make the winding up order; (ii) dismiss the petition; or (iii) make some other order, for instance, to adjourn/stay the winding up petition pending some other event (e.g. a vote on an creditors voluntary arrangement proposal).’

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33 Bedford Row, 1st August 2021


Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

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Devereux Chambers, 3rd August 2021


The COVID-19 Inquiry: Some potential issues – Structure of a public inquiry – Doughty Street Chambers

Posted August 6th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘This series of short articles reflects on some matters that may arise in relation to a public inquiry (or inquiries) into the government’s response to the COVID-19 pandemic, set to be launched in Spring 2022. While little is publicly known about the details of the inquiry, these articles consider the relevant legislative framework and some possible questions of scope, structure and participation.’

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Doughty Street Chambers, 2nd August 2021


The Macpherson Report more than 20 years on – Home Affairs Committee calls for urgent action to tackle deep rooted racial disparities in policing – Garden Court Chambers

‘More than twenty years on from the publication of the Macpherson report that followed the Inquiry into the racist murder of Stephen Lawrence, the Committee has found that there are still serious and deep rooted racial disparities, and that neither police forces nor governments have taken race equality seriously enough for too long.’

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Garden Court Chambers, 30th July 2021


When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by tracey

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

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Practical Law: Construction Blog, 3rd August 2021


Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021


Lawyers pledge to boycott extended court hours – Law Society’s Gazette

‘Almost 400 solicitors and barristers have signed an open letter to HM Courts & Tribunals Service, refusing to attend a ‘single court listing outside of regular court hours’. The Ministry of Justice responded today by denying the existence of any plan for weekend sittings.’

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Law Society's Gazette, 5th August 2021


Is the public law family justice system failing those it is supposed to serve? – Family Law Week

Posted August 6th, 2021 in barristers, families, family courts, news by tracey

‘Celestine Greenwood, barrister of Exchange Chambers, offers a personal observation as to the extent that the family justice system adequately and properly serves our society.’

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Family Law Week, 5th August 2021


Recent Statutory Instruments –

Posted August 6th, 2021 in legislation by tracey

SI 2021/920 – The Benchmarks (Provision of Information and Documents) (Amendment) Regulations 2021

SI 2021/917 – The Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) (No. 2) Regulations 2021


BAILII: Recent Decisions

Posted August 6th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Liverpool Gin Distillery Ltd & Ors v Sazerac Brands, LLC & Ors [2021] EWCA Civ 1207 (05 August 2021)

Zavarco Plc v Nasir [2021] EWCA Civ 1217 (05 August 2021)

Ingenious Games LLP & Ors v Revenue And Customs [2021] EWCA Civ 1180 (04 August 2021)

The Financial Conduct Authority v Avacade Ltd & Ors [2021] EWCA Civ 1206 (04 August 2021)

Court of Appeal (Criminal Division)

Margelis, R. v [2021] EWCA Crim 1215 (04 August 2021)

High Court (Administrative Court)

Andrews, R (On the Application Of) v Minister for the Cabinet Office [2021] EWHC 2233 (Admin) (05 August 2021)

Kalonga, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 2174 (Admin) (04 August 2021)

High Court (Chancery Division)

Rainey v Weller & Ors [2021] EWHC 2206 (Ch) (05 August 2021)

Shill Properties Ltd v Bunch [2021] EWHC 2142 (Ch) (05 August 2021)

Van Zuylen v Whiston-Dew & Anor [2021] EWHC 2219 (Ch) (04 August 2021)

Provident SPV Ltd, Re [2021] EWHC 2217 (Ch) (04 August 2021)

High Court (Commercial Court)

Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) (04 August 2021)

ADL Advanced Contractors Ltd v Patel [2021] EWHC 2200 (Comm) (04 August 2021)

VTB Commodities Trading DAC v JSC Antipinsky Refinery & Ors [2021] EWHC 1758 (Comm) (4 August 2021)

High Court (Technology and Construction Court)

Draeger Safety UK Ltd v The London Fire Commissioner [2021] EWHC 2221 (TCC) (04 August 2021)


Licensing committees and procedural defects – Local Government Lawyer

Posted August 6th, 2021 in complaints, judicial review, licensing, local government, news by tracey

‘A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.’

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Local Government Lawyer, 6th August 2021


Bar Council and judiciary to take action on bullying from the bench – Legal Futures

Posted August 6th, 2021 in barristers, bullying, codes of practice, judiciary, news by tracey

‘The Bar Council recently met with the senior judiciary in a bid to ensure there are proper consequences for judges who bully barristers.’

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Legal Futures, 6th August 2021


Robyn Williams: Met launch legal bid to sack senior police officer reinstated after abuse video clip – The Independent

‘The Metropolitan Police are waging a legal battle over the sacking of a senior officer who was convicted of possessing a child abuse video. Superintendent Novlett Robyn Williams successfully appealed against the decision to dismiss her earlier this year and was reinstated as a police officer.’

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The Independent, 4th August 2021


Implied Revocation of Deeds of Appointment? Equiom v Velarde – Wilberforce Chambers

Posted August 6th, 2021 in chambers articles, news, wills by sally

‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’

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Wilberforce Chambers, 5th August 2021


Pets and Divorce: Who keeps the dog? – Family Law

Posted August 6th, 2021 in animals, dispute resolution, divorce, families, news by tracey

‘The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?’

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Family Law, 5th August 2021


New guidelines to sentence trade mark offences published – Sentencing Council

‘Two new sentencing guidelines for sentencing individuals or companies that sell or possess counterfeit goods intended for sale were published by the Sentencing Council today, following consultation.’

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Sentencing Council, 5th August 2021


BSB publishes new research on consumers’ expectations and experience of working with barristers – Bar Standards Board

Posted August 6th, 2021 in barristers, consultations, consumer protection, legal services, news by tracey

‘The Bar Standards Board (BSB) has today published research on consumers’ expectations and experience of working with barristers. As an evidence-based regulator acting to protect and promote the interests of consumers, this new research helps the BSB to gain an up-to-date understanding of what consumers expect from barristers and the findings here will inform the regulator’s work in many areas.’

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Bar Standards Board, 4th August 2021


Prosecutors review Extinction Rebellion cases as third protester in three days has conviction quashed – The Independent

‘Prosecutors are reviewing numerous Extinction Rebellion cases after a third protester in as many days had their conviction quashed.’

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The Independent, 5th August 2021