Author: sally

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

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

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

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

Posted April 24th, 2024 in chambers articles, child abuse, children, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, sexual offences, women by sally

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers

Posted April 24th, 2024 in chambers articles, civil procedure rules, dilapidations, expert witnesses, landlord & tenant, news, repairs by sally

‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’

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Falcon Chambers, 15th April 2024

Source: www.falcon-chambers.com

Criminal Law Update: Cyber-flashing – Devon Chambers

Posted April 24th, 2024 in chambers articles, criminal justice, indecent exposure, internet, news, sexual offences by sally

‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’

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Devon Chambers, March 2024

Source: devonchambers.co.uk

Institute of Licensing: Darkest before the dawn: a manifesto for the night-time economy – 11KBW

Posted April 24th, 2024 in chambers articles, licensed premises, licensing, news by sally

‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’

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11KBW, 2nd April 2024

Source: www.11kbw.com

Does time spent on an immediate suspension order whilst awaiting appeal count towards the overall period of suspension? Nabeel Aga v The General Dental Council [2023] EWHC 3208 (Admin) – 2 Hare Court

Posted April 24th, 2024 in appeals, dentists, disciplinary procedures, harassment, news, professional conduct, stalking, statutory interpretation by sally

‘The decision late last year by Ritchie J in Aga v GDC caused uproar in the regulatory and professional discipline worlds.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

Posted April 24th, 2024 in bills, children, compensation, criminal injuries compensation, criminal justice, damages, judicial review, news, personal injuries, psychiatric damage, rape, sexual offences, victims by sally

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

The Supreme Court sets the tone for Section 20 Extradition Act 2003 – 5SAH

Posted April 24th, 2024 in appeals, chambers articles, extradition, news, Supreme Court by sally

‘On 6 March 2024, the Supreme Court handed down two important decisions that related to issues under section 20 Extradition Act 2003:

– Bertino v Public Prosecutor’s Office Italy [2024] UKSC 9
– Merticariu v Judecatoria Arad, Romania [2024] UKSC 10

Notably, these two cases had the same constitution of the Court, with Stephens and Burnett LJJ giving a joint judgment in both cases, with which the rest of the Court agreed.’

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5SAH, 22nd April 2024

Source: www.5sah.co.uk

The Manchester Arena Inquiry: lessons for future inquiries – 6KBW College Hill

Posted April 24th, 2024 in chambers articles, inquiries, news, terrorism, victims, witnesses by sally

‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’

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6KBW College Hill, 17th April 2024

Source: blog.6kbw.com

Schrodinger’s Verdict – 25 Bedford Row

Posted April 24th, 2024 in chambers articles, homicide, judicial review, juries, murder, news by sally

‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’

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25 Bedford Row, 28th March 2024

Source: www.25bedfordrow.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

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12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

Posted April 24th, 2024 in appeals, benefits, chambers articles, damages, government departments, human rights, immigration, news by sally

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

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3PB, 18th April 2024

Source: www.3pb.co.uk

Immigration Newsletter – 4KBW

Posted April 24th, 2024 in appeals, chambers articles, citizenship, equality, government departments, human rights, immigration, news, terrorism by sally

March 2024 Update.

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4KBW, March 2024

Source: www.4kbw.co.uk

What is a mistake of fact? – 2 Hare Court

Posted April 24th, 2024 in appeals, chambers articles, mistake, news, sexual offences by sally

‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Armagh: Man’s convictions for murder of soldiers quashed – BBC News

Posted April 23rd, 2024 in appeals, armed forces, miscarriage of justice, murder, news, Northern Ireland by sally

‘A man jailed for life for the murder of four British soldiers nearly 50 years ago has had his convictions quashed by Northern Ireland’s Court of Appeal.’

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BBC News, 22nd April 2024

Source: www.bbc.co.uk