Author: sally

Covid and Free Speech in the High Court – UK Human Rights Blog

Posted April 11th, 2023 in coronavirus, doctors, freedom of expression, news, vaccination by sally

‘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.’

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UK Human Rights Blog, 11th April 2023

Source: ukhumanrightsblog.com

The Met To Reopen Closed Police Misconduct Cases – Each Other

Posted April 11th, 2023 in disciplinary procedures, domestic violence, London, news, police, sexual offences by sally

‘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.’

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Each Other, 6th April 2023

Source: eachother.org.uk

Carrying Out and Recording Capacity Assessments – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, Court of Protection, elderly, mental health, news by sally

‘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.’

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39 Essex Chambers, 9th March 2023

Source: www.39essex.com

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, family courts, married persons, news, wills by sally

‘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).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

Police in England and Wales less likely to face discipline under new complaints system – The Guardian

Posted April 11th, 2023 in complaints, disciplinary procedures, news, police, statistics by sally

‘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.’

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The Guardian, 11th April 2023

Source: www.theguardian.com

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

Posted April 5th, 2023 in chambers articles, civil procedure rules, costs, damages, news, personal injuries by sally

‘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).’

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3PB, March 2023

Source: www.3pb.co.uk

The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve

Posted April 5th, 2023 in chambers articles, dispute resolution, fraud, insolvency, jurisdiction, news by sally

‘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.’

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Mills & Reeve, 3rd April 2023

Source: www.mills-reeve.com

Closed Material Procedures in Immigration Cases – Richmond Chambers

Posted April 5th, 2023 in chambers articles, closed material, government departments, immigration, news by sally

‘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.’

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Richmond Chambers, 24th March 2023

Source: immigrationbarrister.co.uk

100 former rugby league players start legal fight with RFL over brain injuries – The Guardian

Posted April 5th, 2023 in duty of care, news, personal injuries, sport by sally

‘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.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Divorce reform: work finally begins on finances review – Law Society’s Gazette

Posted April 5th, 2023 in consultations, divorce, families, financial dispute resolution, financial provision, Law Commission, news by sally

‘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.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

Civil Mediation – Becket Chambers

Posted April 5th, 2023 in chambers articles, civil justice, dispute resolution, news by sally

‘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.’

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Becket Chambers, 22nd March 2023

Source: becket-chambers.co.uk

Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers

Posted April 5th, 2023 in accidents, appeals, chambers articles, damages, expert witnesses, negligence, news, road traffic by sally

‘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.’

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39 Essex Chambers, 14th March 2023

Source: www.39essex.com

Domestic abuse victims who do not live with abuser ‘to get better protection’ – The Independent

Posted April 5th, 2023 in coercive & controlling behaviour, domestic violence, families, government departments, news, victims by sally

‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’

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The Independent, 5th April 2023

Source: www.independent.co.uk

The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers

Posted April 5th, 2023 in consultations, employment tribunals, news by sally

‘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?’

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Parklane Plowden Chambers, 8th March 2023

Source: www.parklaneplowden.co.uk

Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 5th, 2023 in chambers articles, children, disability discrimination, disabled persons, EC law, employment, employment tribunals, equality, families, news by sally

‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’

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12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023

Source: 12kbwemploymentlaw.wordpress.com

Statistics watchdog rebukes Sunak over inaccurate asylum backlog figures – The Guardian

Posted April 5th, 2023 in asylum, government departments, immigration, news, ombudsmen, refugees, statistics by sally

‘Rishi Sunak and his immigration minister have been scolded by the UK statistics watchdog for using inaccurate figures to back up spurious claims about asylum seekers.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Deported man extradited over reckless HIV infection jailed – BBC News

Posted April 5th, 2023 in deportation, extradition, HIV, immigration, imprisonment, news, sentencing by sally

‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

Posted April 5th, 2023 in climate change, contempt of court, criminal justice, demonstrations, environmental protection, juries, news by sally

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

Posted April 5th, 2023 in chambers articles, compensation, hospitals, inquests, medical treatment, negligence, news, pre-action conduct by sally

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

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Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, damages, negligence, news, personal injuries, sport by sally

‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’

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Ropewalk Chambers, 31st March 2023

Source: ropewalk.co.uk