14/04/2023 – Current Awareness

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers

Posted April 14th, 2023 in bereavement, chambers articles, criminal justice, families, news, sentencing, victims by sally

‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’

Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

Posted April 14th, 2023 in chambers articles, climate change, demonstrations, environmental protection, news, nuisance by sally

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers

Posted April 14th, 2023 in appeals, assault, chambers articles, imprisonment, news, prison officers, prisons, sentencing by sally

‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’

Drystone Chambers, 5th March 2023

Source: www.drystone.com

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

Posted April 14th, 2023 in appeals, chambers articles, government departments, licensing, news, Supreme Court, telecommunications by sally

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

Posted April 14th, 2023 in appeals, chambers articles, civil procedure rules, costs, damages, enforcement, news, part 36 offers, personal injuries by sally

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden

Posted April 14th, 2023 in appeals, benefits, bereavement, causation, chambers articles, coroners, government departments, inquests, mental health, news, suicide by sally

‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’

Parklane Plowden Chambers, 29th March 2023

Source: www.parklaneplowden.co.uk

Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant? – No. 5 Chambers

Posted April 14th, 2023 in chambers articles, energy, magistrates, news, warrants by sally

‘Under the legislation there is no automatic right for an affected party to apply to the magistrates to apply to stay or adjourn the execution of the warrant.’

No. 5 Chambers, 29th March 2023

Source: www.no5.com

Steven Gee KC – British Tax Review – R. (on the application of Cobalt Data Centre 2 LLP) v HMRC: a Cobalt white elephant – Monckton Chambers

Posted April 14th, 2023 in capital allowances, chambers articles, construction industry, HM Revenue & Customs, news, taxation by sally

‘Section 298(1) of the Capital Allowances Act 2001 (CAA 2001) offered taxpayers Enterprise Zone allowances (EZAs) as an inducement to taking on the financial risks of newbuild industrial developments in disadvantaged areas, without a tenant. It extended their availability for a further 10 years after expiry of the 10-year life of an enterprise zone (EZ), provided that the qualifying “expenditure is incurred under a contract entered into within” the first 10 years (“the proviso”). According to the Court of Appeal1 changes made to a development, resulted in two building contracts with the claimed expenditure incurred under the second, being a “separate” contract

Monckton Chambers, 22nd March 2023

Source: www.monckton.com

Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers

Posted April 14th, 2023 in chambers articles, costs, fraud, indemnities, news by sally

‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’

Littleton Chambers, 7th March 2023

Source: littletonchambers.com

Sponsor Licence: What Supporting Documents Do You Need? – EIN Blog

Posted April 14th, 2023 in documents, government departments, immigration, news, sponsored immigrants, visas by tracey

‘Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will determine whether your organisation is eligible for a sponsor licence by looking at whether you can meet key criteria.’

EIN Blog, 11th April 2023

Source: www.ein.org.uk

‘Failure to prevent’ fraud offence to apply in UK to large organisations – OUT-LAW.com

Posted April 14th, 2023 in bills, chambers articles, company law, crime prevention, fraud, news, statutory duty by tracey

‘A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.’

OUT-LAW.com, 12th April 2023

Source: www.pinsentmasons.com

Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

Posted April 14th, 2023 in burden of proof, chambers articles, damages, negligence, news, personal injuries by tracey

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

Pre-recorded evidence improves rape victims’ experience of court – Ministry of Justice

Posted April 14th, 2023 in bills, cross-examination, Crown Court, evidence, Ministry of Justice, news, rape, sexual offences, victims by tracey

‘Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.’

Ministry of Justice, 3rd April 2023

Source: www.gov.uk

Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures

Posted April 14th, 2023 in appeals, disciplinary procedures, litigants in person, misrepresentation, news, Supreme Court by tracey

‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’

Legal Futures, 14th April 2023

Source: www.legalfutures.co.uk

Can an adult child seek maintenance from their parents? – Family Law

Posted April 14th, 2023 in children, families, family courts, financial provision, jurisdiction, news, statutory interpretation by tracey

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

Family Law, 12th April 2023

Source: www.familylaw.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by tracey

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Misogyny rife in RAF boys’ club, sex assault victim says – BBC News

Posted April 14th, 2023 in armed forces, employment, employment tribunals, equality, harassment, news, sex discrimination, sexual offences, victims, women by tracey

‘The RAF is a “boys’ club” where sexual harassment, misogyny and homophobia are rife, says a female ex-corporal who was sexually assaulted while serving.’

BBC News, 14th April 2023

Source: www.bbc.co.uk

Driver caught on CCTV running over men jailed – BBC News

Posted April 14th, 2023 in closed circuit television, dangerous driving, grievous bodily harm, imprisonment, news, sentencing by tracey

‘A BMW driver has been jailed for seven years after he was caught on “shocking” CCTV footage driving at a group of people in the City of London.’

BBC News, 13th April 2023

Source: www.bbc.co.uk

Met officers who shared WhatsApp messages mocking Harvey Price found guilty of gross misconduct – The Independent

Posted April 14th, 2023 in disability discrimination, disabled persons, disciplinary procedures, equality, news, police, professional conduct, racism by tracey

‘Eight serving and former Metropolitan Police officers have been found guilty of “gross misconduct” over a “discriminatory and offensive” WhatsApp group, which contained messages mocking Katie Price’s disabled son.’

The Independent, 13th April 2023

Source: www.independent.co.uk

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