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

‘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

‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn.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

‘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

‘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

‘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

Contract Drafting with ChatGPT: Legal Innovation or Risky Business? – 3PB

Posted April 13th, 2023 in news by sally

‘Artificial Intelligence (AI) has stormed into the legal realm, raising exciting possibilities and some hair-raising questions. Could AI models like ChatGPT revolutionise the drafting of contracts?’

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https://www.3pb.co.uk/content/uploads/AM-Contract-Drafting-with-AI-by-3PB-Barristers.pdf

Source: 3PB,%2028th%20March%202023

A Practical Guide to Extending an Administration – 3 Hare Court

‘Thomas Horton and Georgia Purnell provide a practical guide to extending an administration. Drawing on insights from their own experiences the guide provides a useful resource for administrators and solicitors.’

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3 Hare Court, 23rd March 2023

Source: www.3harecourt.com

Updates to English network infrastructure policy follow high-profile legal cases – OUT-LAW.com

Posted April 13th, 2023 in news, planning, railways, roads by sally

‘Planned updates to the key policy document for nationally significant road and rail projects in England are a direct response to recent high-profile rulings on when officials must consider alternative approaches.’

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OUT-LAW.com, 11th April 2023

Source: www.pinsentmasons.com

A Question of Identity – Voter Identification – 4-5 Gray’s Inn Square

‘This article is intended to serve as an update on the new voter identification rules that have been introduced as a result of the voter identity requirements provisions contained in the Elections Act 2022. Save to note that, prior to its enactment, the proposed legislation attracted considerable debate as to whether the historic level of electoral fraud, and in particular personation, within the United Kingdom justified the introduction of these requirements the author does not intend to cover the arguments for or against them.’

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4-5 Gray's Inn Square, 7th March 2023

Source: www.4-5.co.uk

Government rejects call to ban smacking in England – BBC News

Posted April 13th, 2023 in children, corporal punishment, news by sally

‘The government has rejected calls to ban physical punishment of children in England, saying they are already protected in law.’

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BBC News, 12th April 2023

Source: www.bbc.co.uk