King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

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Pallant Chambers, 13th October 2023


Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

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Littleton Chambers, 24th October 2023


My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023


Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023


Court of Appeal allows appeal by father over interim care order – Local Government Lawyer

Posted November 9th, 2023 in appeals, care orders, children, drug abuse, families, local government, mental health, news by sally

‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’

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Local Government Lawyer, 8th November 2023


The extension of fixed costs – two steps forward and five steps back – Exchange Chambers

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’

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Exchange Chambers, 13th October 2023


SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023


Senior judges call for greater role for junior counsel in advancing oral arguments in court – Local Government Lawyer

Posted November 9th, 2023 in barristers, judges, local government, news, oral hearings by sally

‘Senior members of the judiciary have issued a statement calling for greater participation of junior counsel in courts and tribunals hearings.’

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Local Government Lawyer, 9th November 2023


Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association

Posted November 9th, 2023 in brexit, company law, constitutional law, EC law, government departments, news by sally

‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’

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UK Constitutional Law Association, 9th November 2023


End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023


Channel deaths: Government orders inquiry into mass drowning – BBC News

Posted November 9th, 2023 in government departments, immigration, inquiries, news by sally

‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’

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BBC News, 9th November 2023


Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023


Recent Statutory Instruments –

Posted November 9th, 2023 in legislation by tracey

SI 2023/1177 – The Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023

SI 2023/1182 – The Energy Savings Opportunity Scheme (Amendment) Regulations 2023

SI 2023/1181 – The Direct Payments to Farmers (Reconsideration and Appeal) (Modification) (England) Regulations 2023

SI 2023/1174 – The European Union (Future Relationship) Act 2020 (Commencement No. 3) Regulations 2023

SI 2023/1169 – The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2023

SI 2023/1187 – The Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2023

SI 2023/1186 – The Information as to Provision of Education (England) (Amendment) Regulations 2023

SI 2023/1175 – The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023

SI 2023/1194 – The Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023


BAILII: Recent Decisions

Posted November 9th, 2023 in law reports by tracey

Supreme Court

Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP & Ors [2023] UKSC 40 (8 November 2023)

Popoviciu v Curtea De Apel Bucharest (Romania) (Rev1) [2023] UKSC 39 (8 November 2023)

Court of Appeal (Civil Division)

Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 (07 November 2023)

Orji & Anor v Nagra & Anor [2023] EWCA Civ 1289 (06 November 2023)

Court of Appeal (Criminal Division)

ADG & Anor, R. v [2023] EWCA Crim 1309 (08 November 2023)

Kirkby v R. [2023] EWCA Crim 1293 (06 November 2023)

High Court (Administrative Court)

Walker, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 2715 (Admin) (08 November 2023)

Yianoma v Bar Standards Board [2023] EWHC 2785 (Admin) (07 November 2023)

High Court (Chancery Division)

Various Claimants v Standard Chartered PLC [2023] EWHC 2756 (Ch) (08 November 2023)

South Tees Development Corporation & Anor v PD Teesport Ltd [2023] EWHC 2787 (Ch) (07 November 2023)

Frontiers Capital I Ltd Partnership v Flohr [2023] EWHC 2723 (Ch) (06 November 2023)

High Court (Family Division)

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction – Indi Gregory) [2023] EWHC 2798 (Fam) (08 November 2023)

High Court (Patents Court)

Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) (08 November 2023)

High Court (King’s Bench Division)

Miller & Anor v Turner [2023] EWHC 2799 (KB) (08 November 2023)

High Court (Technology and Construction Court)

Bend Weld Engineering SDN BHD v FMC Technologies Ltd [2023] EWHC 2782 (TCC) (07 November 2023)

Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2023] EWHC 2768 (TCC) (06 November 2023)


The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

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Pensions Barrister, 9th November 2023


What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news, noise, personal injuries by sally

‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’

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Farrar's Building, 20th October 2023


Amazon online marketplace trade mark case comes before UK Supreme Court –

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

Full Story, 8th November 2023


Domestic-abuse victims fear deportation if they go to police – BBC News

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023


Magistrates in England not following law on remand decisions, charity finds – The Guardian

‘Magistrates are not following the law when sending thousands of people to jail on remand, exacerbating the prison overcrowding crisis in England, a report suggests.’

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The Guardian, 9th November 2023


The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

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Falcon Chambers, 9th October 2023