What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Cuthbert and White: When the dust settles … what does it mean? – Asbestos Law

Posted April 25th, 2024 in asbestos, causation, industrial injuries, news by sally

‘In this blog post, John-Paul Swoboda considers the recent case of Cuthbert, in which Michael Rawlinson KC, Max Archer and Jessica Franklin acted for the Appellant, the widow of Mr Derek Barry Cuthbert and executrix of his estate.’

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Asbestos Law, 25th March 2024

Source: asbestoslawblog.uk

Representative actions under CPR 19.8: practical lessons to learn from Barclays Bank UK Plc v Terry – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, civil procedure rules, class actions, news by sally

‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

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Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

Multi-Party Claim Forms – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, claims management, costs, fees, negligence, news by sally

‘Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves.’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

Episode 23 – Construction and The Climate – Whole Life Carbon Assessment – 39 Essex Chambers

Posted April 25th, 2024 in chambers articles, climate change, construction industry, news by sally

‘In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

Posted April 25th, 2024 in chambers articles, explosives, joinder, news, Northern Ireland, personal injuries, striking out, terrorism, unincorporated associations by sally

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com

Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers

Posted April 25th, 2024 in construction industry, enforcement, jurisdiction, news by sally

‘There had been a number of adjudications between the parties:

– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’

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39 Essex Chambers, 18th April 2024

Source: www.39essex.com

Embracing Artificial Intelligence in International Arbitration: Towards Transparency and Fairness – 4-5 Gray’s Inn Square

Posted April 25th, 2024 in arbitration, artificial intelligence, chambers articles, news by sally

‘Leonora Riesenburg and Arran Dowling-Hussey reflect on the healthy and often colourful global debate on risk mitigation in international arbitration driven by modern forms of Artificial Intelligence (AI).’

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4-5 Gray's Inn Square, 2nd April 2024

Source: www.4-5.co.uk

Has Fleischmann been put in its proper place? PSA v GDC & Naveed Patel [2024] EWHC 243 (Admin) – 2 Hare Court

Posted April 25th, 2024 in careless driving, chambers articles, dentists, disciplinary procedures, homicide, indecent photographs of children, news, sentencing, suspended sentences by sally

‘It is nearly twenty years now since Alexander Fleischmann, a dentist, was struck off after the forerunner body to the PSA appealed against his suspension by a Committee of the GDC. Mr Fleischmann had been convicted in the Crown Court of quite serious charges relating to child pornography but after submissions in mitigation he had been sentenced to a three-year Community Rehabilitation Order (CRO) rather than being sent to prison as the Sentencing Guidelines would have suggested.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Supreme Court allows government appeal over asylum seeker’s ‘limbo status’ – Law Society’s Gazette

Posted April 25th, 2024 in asylum, deportation, identity fraud, news, Supreme Court by tracey

‘Five Supreme Court justices today [24th April] unanimously allowed the home secretary’s appeal over a claim for leave to remain by an asylum seeker currently in “limbo status.” ‘

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Law Society's Gazette, 25th April 2024

Source: www.lawgazette.co.uk

Bristol drug dealer jailed for modern slavery offence – BBC News

Posted April 25th, 2024 in children, drug trafficking, forced labour, news, sentencing, trafficking in human beings by tracey

‘A drug dealer who was involved in trafficking children to sell crack cocaine and heroin has been jailed.’

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BBC News, 25th April 2024

Source: www.bbc.co.uk

Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB

Posted April 25th, 2024 in burden of proof, chambers articles, disability discrimination, disabled persons, employment tribunals, equality, news, unfair dismissal by sally

‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’

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3PB, 26th March 2024

Source: www.3pb.co.uk

‘Obsessed’ man broke into his ex’s home and stabbed her new partner to death as they lay in bed – The Independent

Posted April 25th, 2024 in domestic violence, murder, news, sentencing by tracey

‘A jealous ex has been jailed for stabbing his former girlfriend’s new lover to death while he lay in bed.’

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The Independent, 24th April 2024

Source: www.independent.co.uk

Inquest finds gross failings in care of woman who drank too much water – The Guardian

Posted April 25th, 2024 in hospitals, inquests, mental health, news, water by tracey

‘An inquest jury has found there were “gross failings in care amounting to neglect” before a woman had a heart attack at a private mental health hospital due to complications from drinking excessive amounts of water.’

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The Guardian, 24th April 2024

Source: www.theguardian.com

Ruth Perry family furious as Ofsted single-word ratings are retained – The Guardian

Posted April 25th, 2024 in government departments, news, standards, suicide, teachers by tracey

‘Ofsted’s controversial single-word judgments are here to stay, the government has ruled, in a blow to campaigners who hoped they would be scrapped after the suicide of the primary school headteacher Ruth Perry.’

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The Guardian, 25th April 2025

Source: www.theguardian.com

Hybrid orders & section 45A of the Mental Health Act 1983: recent developments – 6KBW College Hill

Posted April 25th, 2024 in chambers articles, hospital orders, mental health, news, sentencing by sally

‘Section 45A of the Mental Health Act 1983 (“MHA”) was inserted by the Crime (Sentences) Act 1997. The idea behind it is that where an offender who suffers from a treatable mental disorder is before the Court, a hybrid sentence can be imposed. The offender is treated, and then in an appropriate case returned to prison to serve the rest of their sentence. If is they are still in hospital when the sentence expires, they remain in hospital, but unrestricted[1]. It came into force on the 1st October 1997.’

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6KBW College Hill, 24th March 2024

Source: blog.6kbw.com

The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied – Gatehouse Chambers

Posted April 24th, 2024 in appeals, chambers articles, derivative claims, fraud, news by sally

‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’

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Gatehouse Chambers, 12th April 2024

Source: gatehouselaw.co.uk

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

Posted April 24th, 2024 in appeals, chambers articles, compensation, computer programs, damages, disclosure, fraud, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

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Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

An assessment of the reliability requirement in the Electronic Trade Documents Act – The 36 Group

Posted April 24th, 2024 in chambers articles, documents, electronic commerce, news by sally

‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’

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The 36 Group, 12th April 2024

Source: 36group.co.uk