Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

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3PB, 5th September 2023

Source: www.3pb.co.uk

Applications for Non-Molestation Orders: What to Expect – Becket Chambers

Posted October 10th, 2023 in chambers articles, litigants in person, news, non-molestation orders by sally

‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’

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Becket Chambers, 1st September 2023

Source: becket-chambers.co.uk

Perverting the course of justice: an overview of the incoming sentencing guidelines – Guildhall Chambers

Posted October 10th, 2023 in chambers articles, news, perverting the course of justice, sentencing by sally

‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’

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Guildhall Chambers, 25th September 2023

Source: www.guildhallchambers.co.uk

Reforming Compensation for Wrongful Conviction – Mountford Chambers

‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

Caring for unaccompanied children – Law Society’s Gazette

Posted October 10th, 2023 in asylum, children, immigration, local government, news by sally

‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’

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Law Society's Gazette, 6th October 2023

Source: www.lawgazette.co.uk

Prison places in England and Wales are ‘bust’, says governors’ union chief – The Guardian

Posted October 10th, 2023 in health & safety, news, prisons by sally

‘Prison places in England and Wales are “bust” because of a lurch to the right by ministers, the president of the Prison Governors Association (PGA) will say in her annual conference speech.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

Inquiry to open into claims British soldiers summarily killed 80 Afghans – The Guardian

Posted October 10th, 2023 in Afghanistan, armed forces, homicide, inquiries, news by sally

‘A public inquiry into allegations that 80 Afghans were summarily killed by members of three different British SAS units begins on Monday amid pleas from victims’ families to uncover the truth behind the deaths.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

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Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

Wife killer gets life for sister-in-law’s axe murder – BBC News

Posted October 10th, 2023 in domestic violence, murder, news, sentencing by sally

‘A man with a “deep-seated hatred of women” has been sentenced to at least 28 years in prison for murdering his sister-in-law with an axe.’

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BBC News, 9th October 2023

Source: www.bbc.co.uk

Electronic wills now ‘feasible’, Law Commission reports – Law Society’s Gazette

Posted October 10th, 2023 in bills, consultations, electronic filing, Law Commission, news, wills by sally

‘Electronic wills could become an immediate reality if parliament wishes, the Law Commission states today in its latest consultation on the topic. The commission is seeking views on whether a new Wills Act should permit paperless wills, either immediately or by allowing for them to be introduced later. It stresses that any provision for electronic wills would need to ensure that they are as secure as paper wills.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

Probation staff ‘overwhelmed’ before Killamarsh murders of woman and children – The Guardian

Posted October 10th, 2023 in domestic violence, murder, news, probation by sally

‘Probation workers involved with a man who went on to murder three children and his pregnant girlfriend have described being “overwhelmed” by their workload.’

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The Guardian, 9th October 2023

Source: www.theguardian.com