Man jailed after Birmingham crash leaves boy with brain injury – BBC News
‘A man has been jailed after he caused a crash that left a five-year-old boy with a brain injury.’
BBC News, 13th November 2023
Source: www.bbc.co.uk
Author: sally
How will recent and future legislation affect the right to protest in the UK? – The Guardian
‘We examine the myriad of current laws and others being proposed to curb different types of protests and activism.’
The Guardian, 13th November 2023
Source: www.theguardian.com
King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers
‘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.’
Pallant Chambers, 13th October 2023
Source: www.pallantchambers.co.uk
Employment Tribunals are not a costs-free zone – Littleton Chambers
‘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.’
Littleton Chambers, 24th October 2023
Source: littletonchambers.com
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.’
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.’
Henderson Chambers, 5th October 2023
Source: www.hendersonchambers.co.uk
Court of Appeal allows appeal by father over interim care order – Local Government Lawyer
‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’
Local Government Lawyer, 8th November 2023
Source: www.localgovernmentlawyer.co.uk
The extension of fixed costs – two steps forward and five steps back – Exchange Chambers
‘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.’
Exchange Chambers, 13th October 2023
Source: www.exchangechambers.co.uk
SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers
‘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.’
Pallant Chambers, 14th October 2023
Source: www.pallantchambers.co.uk
Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association
‘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.’
UK Constitutional Law Association, 9th November 2023
Source: ukconstitutionallaw.org
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.’
The Independent, 8th November 2023
Source: www.independent.co.uk
Channel deaths: Government orders inquiry into mass drowning – BBC News
‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
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.’
Exchange Chambers, 31st October 2023
Source: www.exchangechambers.co.uk
The Pensions Ombudsman – competent but not a court – Pensions Barrister
‘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.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building
‘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.’
Farrar's Building, 20th October 2023
Source: www.farrarsbuilding.co.uk
Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com
‘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.’
OUT-LAW.com, 8th November 2023
Source: www.pinsentmasons.com
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.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
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.’
The Guardian, 9th November 2023
Source: www.theguardian.com
The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers
‘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.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com
