Author: sally

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

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Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

Posted March 5th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, personal injuries, pre-action conduct, small claims by sally

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

PSQB Spring Newsletter 2021 – Park Square Barristers

Posted March 5th, 2021 in chambers articles, news by sally

‘The Spring edition of the PSQB Newsletter is now available for download.’

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Park Square Barristers, 3rd March 2021

Source: www.parksquarebarristers.co.uk

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

Posted March 5th, 2021 in accidents, chambers articles, compensation, damages, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Trusts, Probate and Estates: Non-Contentious Commentary – Wilberforce Chambers

Posted March 5th, 2021 in bills, budgets, chambers articles, corporation tax, HM Revenue & Customs, news, taxation by sally

‘The Chancellor of the Exchequer delivered his Budget yesterday afternoon. A number of tax measures were introduced to ease the financial burden on businesses and individuals. Some were simply extensions of short-term tax relief, including a holiday on business rates for 3 months, maintaining the £500,000 SDLT nil-rate band, and a freeze on alcohol and fuel duties. In this update, I focus on some longer-term measures designed to promote a post-Covid rebound.’

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Wilberforce Chambers, 4th March 2021

Source: www.wilberforce.co.uk

A Restrictive Interpretation? – Tanfield Chambers

Posted March 5th, 2021 in appeals, chambers articles, contracts, covenants, news, restraint of trade by sally

‘Andrew Butler QC assesses the recent Court of Appeal decision in Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227, in which he appeared for the Appellant. The case concerned covenants in restraint of trade, arising in an unusual context.’

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Tanfield Chambers, 2nd March 2021

Source: www.tanfieldchambers.co.uk

Covid-19 Has Highlighted Why Secondary Legislation Needs Reforming – Each Other

Posted March 4th, 2021 in coronavirus, news, parliament, regulations by sally

‘Every year, Parliament makes hundreds of changes to UK law with little to no scrutiny from elected MPs. Partnering with EachOther, the legal charity Public Law Project has launched a video – available to watch below – calling for this process to be reformed. In this article, Alexandra Sinclair, the Public Law Project’s research fellow, explains more about the campaign.’

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Each Other, 4th March 2021

Source: eachother.org.uk

Brown Clee Hill: Moses Christensen guilty of walker murder – BBC News

Posted March 4th, 2021 in diminished responsibility, mental health, murder, news by sally

‘A man who “roamed around” a beauty spot looking for someone to kill has been found guilty of a walker’s murder.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Late night coding: who owns the results? – Mills & Reeve

Posted March 4th, 2021 in assignment, computer programs, contract of employment, copyright, employment, news by sally

‘In a recent dispute over employees and copyright ownership – Penhallurick v MD5 Limited – ownership of copyright in software created out of hours and on a home computer was in question. Did the employee have the right to take it with him when he left or was it owned by his employer?’

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Mills & Reeve, 3rd March 2021

Source: www.mills-reeve.com

The government is hell-bent on diluting the Human Rights Act. We must protect it – Kate Allen – The Guardian

Posted March 4th, 2021 in coronavirus, human rights, judicial review, news by sally

‘These rights have been central to many key justice fights in the past 20 years, and we can’t allow politicians to take them away.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

Ex-Tory MP fails in bid to appeal against jail term for sexual assault – The Guardian

Posted March 4th, 2021 in appeals, news, sentencing, sexual offences by sally

‘The former Conservative MP Charlie Elphicke has failed in an attempt to seek leave to appeal against his two-year sentence for sexual assaults against two women.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

Posted March 4th, 2021 in adoption, children, disclosure, documents, human rights, media, news, practice directions, public interest, skeleton arguments by sally

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

Posted March 4th, 2021 in benefits, government departments, inquests, mental health, news, statutory duty by sally

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Law Society president to step down amid dishonesty accusations – The Guardian

Posted March 4th, 2021 in disciplinary procedures, Law Society, news, solicitors by sally

‘The president of the Law Society is stepping down from his role after being accused of dishonesty during a decade-long legal dispute that went to the high court.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Family, Drug and Alcohol Court launched to cover Birmingham and Solihull – Local Government Lawyer

Posted March 4th, 2021 in alcohol abuse, courts, drug abuse, family courts, news by sally

‘The UK’s 12th Family, Drug and Alcohol Court (FDAC) – covering the Birmingham and Solihull areas – will hold its first hearings early this month.’

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Local Government Lawyer, 3rd March 2021

Source: www.localgovernmentlawyer.co.uk

Police won’t be prosecuted over WhatsApp remarks about black actor – The Guardian

Posted March 4th, 2021 in complaints, malicious communications, news, police, prosecutions, racism, telecommunications by sally

‘The Crown Prosecution Service has decided not to prosecute three police officers for allegedly racist remarks about a black British actor.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

Posted March 3rd, 2021 in brexit, coronavirus, judges, legal history, news, parliament, rule of law, Supreme Court, universities by sally

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

Posted March 3rd, 2021 in constitutional law, consultations, coronavirus, human rights, news, parliament by sally

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

Posted March 3rd, 2021 in appeals, judicial review, local government, news, planning, statutory interpretation, Supreme Court by sally

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk