Human Rights Act reform – House of Commons

Posted October 20th, 2022 in bills, human rights, news, repeals by sally

‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’

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House of Commons, 19th October 2022


Immigration Detention Explained – Each Other

Posted October 20th, 2022 in detention, immigration, news by sally

‘In the UK, thousands of people are held in immigration detention every year under immigration powers and held in “prison-like” conditions. Who are they, what happens when they are detained, and how can they get out?’

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Each Other, 19th October 2022


Instrumented Mouthguards and Tackle Height Lowered in Rugby Union: A Game Changer? – Ropewalk Chambers

Posted October 20th, 2022 in electronic monitoring, news, personal injuries, regulations, sport by sally

‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’

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Ropewalk Chambers, 19th October 2022


Death and the Family Partnership – Parklane Plowden Chambers

Posted October 20th, 2022 in chambers articles, news, partnerships, wills by sally

‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’

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Parklane Plowden Chambers, 19th October 2022


Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022


Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers

Posted October 20th, 2022 in chambers articles, costs, news, third parties by sally

‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’

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Hailsham Chambers, 7th October 2022


Pay Up, Or Else… Disclosure Obligations v Solicitors’ Liens – Gatehouse Chambers

Posted October 20th, 2022 in chambers articles, disclosure, negligence, news, personal injuries, solicitors by sally

‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’

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Gatehouse Chambers, 11th October 2022


Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers

‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’

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Garden Court Chambers, 18th October 2022


Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022


New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022


Diagnosis and Management of Strokes in Emergency and Primary Care Settings – Ropewalk Chambers

Posted October 20th, 2022 in causation, chambers articles, expert witnesses, medical treatment, news by sally

‘The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach of duty is not in issue and/or is established in evidence, causation is likely to be contentious in all but the clearest of cases due to the absence of definitive evidence or trial data regarding the efficacy of anticoagulant treatment.’

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Ropewalk Chambers, 11th October 2022


Advertising regulator signals crackdown on ‘hot air’ environmental claims – The Independent

‘The advertising regulator is to crack down on “hot air” environmental claims amid consumer confusion around terms such as “carbon neutral” and “net zero”.’

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The Independent, 20th October 2022


Prankster spared jail but warned of ‘sticky wicket’ after Oval stunt – The Independent

Posted October 20th, 2022 in news, sentencing, sport, suspended sentences, trespass, video recordings by sally

‘A self-styled YouTube prankster who collided with England cricketer Jonny Bairstow after invading the Oval pitch was warned he faces a “sticky wicket” if he defies court orders as he was handed a suspended sentence.’

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The Independent, 19th October 2022


Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

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Six Pump Court, 10th October 2022


Hertfordshire police officer convicted of raping child after victim’s testimony – The Guardian

Posted October 20th, 2022 in child abuse, news, perverting the course of justice, police, rape by sally

‘A serving police officer has been found guilty of raping a girl and wiping his phone to avoid detection after the victim gave “powerful” testimony in court.’

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The Guardian, 19th October 2022


In 2017 Daria Aspen told police her stepfather had raped her. Why did it take five years to even charge him? – The Guardian

Posted October 20th, 2022 in child abuse, delay, domestic violence, news, prosecutions, rape, sexual offences, victims by sally

‘Aspen hoped she could protect others from the man who had abused her as a child. She didn’t realise how slowly the case would move, or how many intrusive questions she would have to answer.’

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The Guardian, 18th October 2022


BAILII: Recent Decisions

Posted October 20th, 2022 in law reports by tracey

Supreme Court

Guest & Anor v Guest [2022] UKSC 27 (19 October 2022)

Revenue and Customs v NHS Lothian Health Board (Scotland) [2022] UKSC 28 (19 October 2022)

Court of Appeal (Civil Division)

Norton v London Borough of Haringey [2022] EWCA Civ 1340 (19 October 2022)

Kynaston-Mainwaring v GVE London Ltd [2022] EWCA Civ 1339 (19 October 2022)

Court of Appeal (Criminal Division)

His Majesty’s Attorney General v Bowskill & Anor [2022] EWCA Crim 1358 (19 October 2022)

High Court (Administrative Court)

Coll v Director of Public Prosecutions [2022] EWHC 2635 (Admin) (19 October 2022)

National Crime Agency, R (On the Application Of) v Westminster Magistrates’ Court [2022] EWHC 2631 (Admin) (19 October 2022)

London Borough of Hackney v JCDECAUX (UK) Ltd [2022] EWHC 2621 (Admin) (19 October 2022)

Tipper & Ors, R (On the Application Of) v The Crown Court at Birmingham [2022] EWHC 2615 (Admin) (18 October 2022)

High Court (Chancery Division)

Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [2022] EWHC 2637 (Ch) (19 October 2022)


Transport for London secures injunction against Just Stop Oil protests – Local Government Lawyer

Posted October 20th, 2022 in demonstrations, injunctions, London, news, roads, transport by sally

‘The High Court has granted an injunction preventing Just Stop Oil protestors from blocking “key” roads in central London.’

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Local Government Lawyer, 18th October 2022


Recent Statutory Instruments –

Posted October 20th, 2022 in legislation by tracey

SI 2022/1056 – The Nationality and Borders Act 2022 (Commencement No. 3) Regulations 2022

SI 2022/1054 – The Police, Crime, Sentencing and Courts Act 2022 (Extraction of Information: Code of Practice) Regulations 2022

SI 2022/1044 – The Pension Schemes Act 2021 (Commencement No. 7 and Transitory Provision) Regulations 2022

SI 2022/1029 – The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2022

SI 2022/1064 – The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2022

SI 2022/1063 – The Immigration (Registration with Police) (Revocation) Regulations 2022

SI 2022/1062 – The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2022

SI 2022/1061 – The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) (No. 2) (England and Wales) Regulations 2022

SI 2022/1051 – The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022

SI 2022/1057 – The Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022

SI 2022/1050 – The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022


Trespassers, Non-Residential Land and the Police – St Philips Barristers

Posted October 20th, 2022 in news, police, trespass by sally

‘This article considers police powers in respect of trespassers under s 61 of the Criminal Justice and Public Order Act 1994 (as recently amended) and s 60C (as recently inserted by s 83 of the Police, Crime, Sentencing and Courts Act 2022.’

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St Philips Barristers, 18th October 2022