Author: sally

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers

Posted April 14th, 2023 in bereavement, chambers articles, criminal justice, families, news, sentencing, victims by sally

‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

Posted April 14th, 2023 in chambers articles, climate change, demonstrations, environmental protection, news, nuisance by sally

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers

Posted April 14th, 2023 in appeals, assault, chambers articles, imprisonment, news, prison officers, prisons, sentencing by sally

‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’

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Drystone Chambers, 5th March 2023

Source: www.drystone.com

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

Posted April 14th, 2023 in appeals, chambers articles, government departments, licensing, news, Supreme Court, telecommunications by sally

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

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Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

Posted April 14th, 2023 in appeals, chambers articles, civil procedure rules, costs, damages, enforcement, news, part 36 offers, personal injuries by sally

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden

Posted April 14th, 2023 in appeals, benefits, bereavement, causation, chambers articles, coroners, government departments, inquests, mental health, news, suicide by sally

‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’

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Parklane Plowden Chambers, 29th March 2023

Source: www.parklaneplowden.co.uk

Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant? – No. 5 Chambers

Posted April 14th, 2023 in chambers articles, energy, magistrates, news, warrants by sally

‘Under the legislation there is no automatic right for an affected party to apply to the magistrates to apply to stay or adjourn the execution of the warrant.’

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No. 5 Chambers, 29th March 2023

Source: www.no5.com

Steven Gee KC – British Tax Review – R. (on the application of Cobalt Data Centre 2 LLP) v HMRC: a Cobalt white elephant – Monckton Chambers

Posted April 14th, 2023 in capital allowances, chambers articles, construction industry, HM Revenue & Customs, news, taxation by sally

‘Section 298(1) of the Capital Allowances Act 2001 (CAA 2001) offered taxpayers Enterprise Zone allowances (EZAs) as an inducement to taking on the financial risks of newbuild industrial developments in disadvantaged areas, without a tenant. It extended their availability for a further 10 years after expiry of the 10-year life of an enterprise zone (EZ), provided that the qualifying “expenditure is incurred under a contract entered into within” the first 10 years (“the proviso”). According to the Court of Appeal1 changes made to a development, resulted in two building contracts with the claimed expenditure incurred under the second, being a “separate” contract

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Monckton Chambers, 22nd March 2023

Source: www.monckton.com

Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers

Posted April 14th, 2023 in chambers articles, costs, fraud, indemnities, news by sally

‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’

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Littleton Chambers, 7th March 2023

Source: littletonchambers.com

Research Demonstrates Juries Convict in 58% of Rape Cases, on Average – Pump Court Chambers

Posted April 13th, 2023 in chambers articles, juries, news, prosecutions, rape, statistics by sally

‘Over the period 2007 to 2021, the jury conviction rate for all rape charges stood at an average of 58%, with a high of 75% in 2021, according to new research published in the Criminal Law Review[1]. In 2007, the jury conviction rate was 55%. This research was commissioned by senior judiciary following public concerns that the jury conviction rates for rape were extremely low, and analysed 5,623,800 criminal charges from January 2007 to December 2021, not just including sexual offences.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The Not-So-Beautiful Game – Pump Court Chambers

Posted April 13th, 2023 in assault, chambers articles, news, sport, statistics, threatening behaviour by sally

‘In February 2023, BBC Radio 5 Live released the results of a questionnaire canvassing the experiences of 927 grassroots referees. The statistics make for grim reading, although will come as little surprise to anyone who has played Sunday league football.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

Will the decision in Maguire mark the beginning of a shift in the application of Article 2 in healthcare inquests? – Hailsham Chambers

Posted April 13th, 2023 in news by sally

‘Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases, or will it reaffirm the Court of Appeal’s warning in Morahan that an inquest is a “relatively summary process”?’

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Hailsham Chambers, 21st March 2023

Source: www.hailshamchambers.com

Wasted Costs in the Commercial Court – Hailsham Chambers

Posted April 13th, 2023 in barristers, Commercial Court, news, solicitors, striking out, wasted costs orders by sally

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

A Master’s decision to order disclosure of internal non-contemporaneous documents upheld on appeal (Re Scherbakov (deceased)) – Gatehouse Chambers

Posted April 13th, 2023 in administrators, appeals, chambers articles, disclosure, documents, news, practice directions by sally

‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’

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Gatehouse Chambers, 24th March 2023

Source: gatehouselaw.co.uk

Raising unfairness in an unfair way – Gatehouse Chambers

Posted April 13th, 2023 in news by sally

‘The recent case of Goldhill Finance Limited v Smyth [2023] EWHC 362 provides a warning of the importance of raising issues early and accurately in pleadings and highlights an underused defence to claims for the enforcement of second charges.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

Detrimental reliance and the dangers of emails: Hudson v Hathway [2022] EWCA Civ 1648 – Gatehouse Chambers

Posted April 13th, 2023 in news by sally

‘The Court of Appeal’s decision in Hudson v Hathway [2022] EWCA Civ 1648 is arguably the most important decision on the subject of constructive trusts of the family home since the House of Lords decided Stack v Dowden [2007] UKHL 17.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

Possession Claims Mediation Pilot Re-thought – Garden Court Chambers

Posted April 13th, 2023 in news by sally

‘On 22nd February 2023, the Ministry of Justice and the Department for Levelling Up, Housing and Communities published the Rental Mediation Service Pilot-Post Implementation Review. The Pilot had been run in the county courts between February and October 2021. Part, at least, of the thinking, following the lifting of Covid restrictions on the processing of possession claims, was that there would be an avalanche of hearings and that diversion to mediation would reduce the resulting pressure on the courts. Some 10,000 referrals to mediation with a success rate of 3,000 were estimated.’

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Garden Court Chambers, 3rd March 2023

Source: www.gardencourtchambers.co.uk

“To cease upon the midnight with no pain”: Justice, death and CPR36 – Guildhall Chambers

Posted April 13th, 2023 in news by sally

‘A capable 62 year old man suffers a modest (liability admitted) injury in an RTA, but then (by common consent) goes on to develop severe CRPS. He had had a myocardial infarction one year earlier (from which he made an excellent recovery, returning to work) and is a Type 1 diabetic.’

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Guildhall Chambers, 27th March 2023

Source: www.guildhallchambers.co.uk

The Illegal Migration Bill is an Attack on Fundamental Human Rights and the Rule of Law – Doughty Street Chambers

Posted April 13th, 2023 in news by sally

‘The Illegal Migration Bill, that had its second reading on the 13 March, is a widespread attack on fundamental human rights and the rule of law. It stops asylum-seekers, victims of trafficking and other migrants from making admissible asylum and human rights claims, deprives protections for those who have been trafficked, and ousts the jurisdiction of the courts. Whilst the subject-matter of the Bill deals with immigration and detention, it has concerning repercussions in strengthening ministerial and prerogative powers, whilst at the same time undermining judicial scrutiny. In short, it sets a very dangerous precedent indeed.’

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Doughty Street Chambers, 21st March 2023

Source: insights.doughtystreet.co.uk