Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

Fathers Without PR – Where Do They Stand? Re S (A Child) [2023] Civ 706 – Pump Court Chambers

Posted January 3rd, 2024 in appeals, chambers articles, children, families, news, parental responsibility by sally

‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’

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Pump Court Chambers, 3rd November 2023

Source: www.pumpcourtchambers.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Man guilty of rape during 1994 Prince’s Trust trip – BBC News

Posted January 3rd, 2024 in news, rape, sentencing, sexual offences by sally

‘A man who raped a teenager while on a 1994 trip to the Lake District has shown “no remorse” after his victim came forward decades later.’

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BBC News, 2nd January 2024

Source: www.bbc.co.uk

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Get Up to Speed – What You Need to Know in Summary About the Upcoming Amendments to the Equality Act 2010 – Pump Court Chambers

Posted January 3rd, 2024 in brexit, chambers articles, EC law, equality, news by sally

‘The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023.’

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Pump Court Chambers, 10th November 2023

Source: www.pumpcourtchambers.com

A New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm) – International & Travel Law Blog

Posted January 3rd, 2024 in airlines, chambers articles, compensation, holidays, news by sally

‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’

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International & Travel Law Blog, 2nd November 2023

Source: internationalandtravellawblog.com

Grenfell solicitor wins unfair dismissal claim over redundancy – Legal Futures

‘A solicitor made redundant after her work on the Grenfell Tower disaster ended has won a claim for unfair dismissal because her law firm did not properly consider another role for her.’

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Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

How to lift the No Recourse to Public Funds condition – EIN Blog

‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’

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EIN Blog, 2nd January 2024

Source: www.ein.org.uk

SRA issues first fixed penalty fine for diversity data failure – Legal Futures

‘The Solicitors Regulation Authority (SRA) has handed out the first fixed penalty fine for a law firm’s failure to submit its workforce diversity data within the deadline.’

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Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

Vicarious liability for sexual assault yet again: JXH – Law & Religion UK

Posted January 3rd, 2024 in Church of England, damages, news, sexual offences, vicarious liability by sally

‘In JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB), JXH claimed damages for injury and harm caused by two sexual assaults committed in the period 1979-1981 by Vickery House. The claim was brought against the parish, House having been the incumbent at the time the assaults took place. The parties were agreed that the sexual assaults had taken place, that JXH had suffered damage, including mental harm, and that the appropriate damages award would be £12,000. At the time the assaults took place, BXB was living in a “quasi-monastic” community in a cottage in the parish with two other two young men, supervised by House.’

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Law & Religion UK, 3rd January 2024

Source: lawandreligionuk.com

Judge refuses to intervene over barrister who swapped sides – Legal Futures

‘The High Court has refused to intervene in a dispute over the counsel for a claimant having previously been on the record for the defendants.’

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Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

Alice Wood who dragged partner under car guilty of murder – BBC News

Posted January 3rd, 2024 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A woman who used her car “as a weapon” to kill her fiancé after a row at a party has been convicted of murder.’

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BBC News, 2nd January 2024

Source: www.bbc.co.uk

Cleverly says UK asylum backlog cleared as almost 100,000 wait for decision – The Guardian

Posted January 3rd, 2024 in asylum, delay, government departments, immigration, news, statistics by sally

‘Almost 100,000 people seeking asylum in the UK are waiting for a decision amid growing claims that ministers have massaged official figures to try to show that they have cut the backlog of cases.’

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The Guardian, 2nd January 2024

Source: www.theguardian.com