‘This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss.’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’
Becket Chambers, 28th March 2023
Source: becket-chambers.co.uk
‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’
Mills & Reeve, 6th April 2023
Source: www.mills-reeve.com
‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.’
Inquests and Inquires Law Blog, 6th April 2023
Source: inquestsandinquirieslawblog.com
‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’
Becket Chambers, 2nd March 2023
Source: becket-chambers.co.uk
‘On 5 April 2023 the High Court handed down judgment in Adil v General Medical Council [2023] EWHC 797 (Admin). The case examined the extent to which a professional regulator can interfere with the right to freedom of expression of an individual subject to its regulation, as well as the circumstances in which the Court should accept challenges to decisions made by regulators in the performance of their duties. It is the first case decided by the High Court concerning anti-vaccination statements made by a doctor in relation to the COVID-19 pandemic, and the actions of the General Medical Council (“GMC”) in response.’
UK Human Rights Blog, 11th April 2023
Source: ukhumanrightsblog.com
‘The Metropolitan Police has today reported on the progress of Operation Onyx – a review of the police officers and staff against whom the Met has heard concerning reports of domestic or sexual incidents. The cases of London police officers or staff investigated but not dismissed for sexual offences or domestic abuse over the last 10 years are now being reviewed.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Police officers in England and Wales accused of violent and sexual misconduct are less likely to face disciplinary action under the revamped complaints system than the previous discredited regime, figures suggest.’
The Guardian, 11th April 2023
Source: www.theguardian.com
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
‘Legal proceedings have been formally issued against the Rugby Football League on behalf of 100 former league players who contend the sport was negligent in failing to take reasonable action to protect them from serious brain injuries.’
The Guardian, 4th April 2023
Source: www.theguardian.com
‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’
Law Society's Gazette, 4th April 2023
Source: www.lawgazette.co.uk
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’
39 Essex Chambers, 14th March 2023
Source: www.39essex.com
‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’
The Independent, 5th April 2023
Source: www.independent.co.uk
‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’
Parklane Plowden Chambers, 8th March 2023
Source: www.parklaneplowden.co.uk
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