19/05/2022 – Current Awareness

When can parental responsibility be removed from a terrible parent? – Transparency Project

Posted May 19th, 2022 in children, domestic violence, imprisonment, married persons, murder, news, parental responsibility by sally

‘In the summer of 2021, Jade Ward was killed by her estranged husband Russell Marsh at their family home. He is now serving a life sentence for her murder. She leaves behind four little boys who are now being raised by her mother and other family members. This is not an isolated tragedy. Each year, many women are killed by their partners or former partners, and it is likely that many of those will have children.’

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Transparency Project, 18th May 2022

Source: transparencyproject.org.uk

Alerter by Tim Green QC and Douglas Maxwell – Building Safety Bill Receives Royal Assent – Henderson Chambers

Posted May 19th, 2022 in bills, building law, defective premises, news, regulations by sally

‘On 29 April 2022, the Building Safety Bill received Royal Assent and has become the Building Safety Act 2022 (the “BSA”). The BSA gives effect to policies set out in the Government response to the “Building a Safer Future” consultation, and Dame Judith Hackitt’s interim and final report undertaken as part of an independent review of building regulations and fire safety.’

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Henderson Chambers, 3rd May 2022

Source: www.hendersonchambers.co.uk

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

Posted May 19th, 2022 in birth, causation, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

Posted May 19th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

Posted May 19th, 2022 in homicide, inquests, judicial review, news, offensive weapons, standard of proof, young offenders, young persons by sally

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Revision and variation of costs budgets on account of significant developments: Consequences of failing to obtain the court’s approval – Guildhall Chambers

Posted May 19th, 2022 in budgets, civil procedure rules, costs, news by sally

‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’

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Guildhall Chambers, 2nd May 2022

Source: www.guildhallchambers.co.uk

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

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Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk