Author: sally

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Law Society has ‘duty’ to tell solicitors to shun underpaid work, says president – The Guardian

Posted October 24th, 2022 in barristers, criminal justice, fees, industrial action, Law Society, legal aid, news, solicitors by sally

‘The new president of the Law Society has said the association has a duty to tell solicitors in England and Wales to refuse criminal work if they are not paid properly for it, as they demand a 15% increase in legal aid fees to give them parity with barristers.’

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The Guardian, 23rd October 2022

Source: www.theguardian.com

Jail for pair who exploited 13-year-old drug mule – The Independent

Posted October 24th, 2022 in children, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A “callous” couple who exploited a 13-year-old boy to run heroin and crack cocaine from London to Kent as part of a county lines drugs operation have been jailed for a total of 12 years.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 24th, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by sally

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Is Enough Being Done To Support ‘Adults At Risk’ In Immigration Detention? – Each Other

Posted October 24th, 2022 in detention, government departments, immigration, mental health, news by sally

‘The UK government can detain people considered not to have the legal right to be in the UK or whose claim to stay in the UK is being decided under immigration powers. These people can be detained by the Home Office in immigration removal centres (IRCs) in the UK, or prisons if they are serving a custodial sentence. But what happens when someone in detention is considered ‘particularly vulnerable to harm in immigration detention’?’

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Each Other, 24th October 2022

Source: eachother.org.uk

Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

Posted October 24th, 2022 in charities, children, coercive & controlling behaviour, courts, domestic violence, families, family courts, news, transport, victims by sally

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

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Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

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BBC News, 24th October 2022

Source: www.bbc.co.uk

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

Human Rights Act reform – House of Commons

Posted October 20th, 2022 in bills, human rights, news, repeals by sally

‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’

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House of Commons, 19th October 2022

Source: commonslibrary.parliament.uk

Immigration Detention Explained – Each Other

Posted October 20th, 2022 in detention, immigration, news by sally

‘In the UK, thousands of people are held in immigration detention every year under immigration powers and held in “prison-like” conditions. Who are they, what happens when they are detained, and how can they get out?’

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Each Other, 19th October 2022

Source: eachother.org.uk

Instrumented Mouthguards and Tackle Height Lowered in Rugby Union: A Game Changer? – Ropewalk Chambers

Posted October 20th, 2022 in electronic monitoring, news, personal injuries, regulations, sport by sally

‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’

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Ropewalk Chambers, 19th October 2022

Source: www.ropewalk.co.uk

Death and the Family Partnership – Parklane Plowden Chambers

Posted October 20th, 2022 in chambers articles, news, partnerships, wills by sally

‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’

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Parklane Plowden Chambers, 19th October 2022

Source: www.parklaneplowden.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers

Posted October 20th, 2022 in chambers articles, costs, news, third parties by sally

‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’

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Hailsham Chambers, 7th October 2022

Source: www.hailshamchambers.com

Pay Up, Or Else… Disclosure Obligations v Solicitors’ Liens – Gatehouse Chambers

Posted October 20th, 2022 in chambers articles, disclosure, negligence, news, personal injuries, solicitors by sally

‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers

Posted October 20th, 2022 in chambers articles, domestic violence, government departments, human rights, news, victims by sally

‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’

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Garden Court Chambers, 18th October 2022

Source: www.gardencourtchambers.co.uk

Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com