Author: sally

Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in insolvency, leases, news, rent by sally

‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’

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Hardwicke Chambers, 14th October 2019

Source: hardwicke.co.uk

Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers

Posted October 31st, 2019 in employment, equality, news by sally

‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’

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Littleton Chambers, 8th October 2019

Source: www.littletonchambers.com

Diplomatic immunity and the Dunn case – Law Society’s Gazette

Posted October 31st, 2019 in diplomats, immunity, news, road traffic by sally

‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Law banning assisted dying must be reviewed, say MPs – The Guardian

Posted October 31st, 2019 in assisted suicide, news, parliament by sally

‘Cross-party group responds to calls by police chief Ron Hogg, who has motor neurone disease.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers

Posted October 31st, 2019 in energy, injunctions, news, warrants by sally

‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’

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No. 5 Chambers, 23rd October 2019

Source: www.no5.com

Katrice Lee: Woman sentenced for impersonating missing toddler – BBC News

Posted October 31st, 2019 in impersonation, internet, malicious communications, missing persons, news, restraining orders, sentencing, suspended sentences by sally

‘A woman who used social media to impersonate a toddler missing for almost 40 years has been handed a suspended jail term.’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower inquiry: the chair’s findings so far – The Guardian

Posted October 31st, 2019 in construction industry, emergency services, fire, health & safety, inquiries, news, reports by sally

‘Firefighters’ ‘stay put’ tactics and apparent lack of preparation and construction materials criticised.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

Shannon Woodley discusses Raqeeb V Barts NHS Foundation Trust – Park Square Barristers

Posted October 31st, 2019 in children, consent, EC law, hospitals, human rights, judicial review, medical treatment, news by sally

‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’

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Park Square Barristers, 8th October 2019

Source: www.parksquarebarristers.co.uk

Leeds ‘paedophile hunters’ cleared of assault charges – The Guardian

Posted October 31st, 2019 in assault, child abuse, false imprisonment, internet, news, sexual grooming by sally

‘A group of self-styled paedophile hunters have vowed to carry on seeking out child abusers after a jury cleared them of all charges following stings on two men.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, costs, hospitals, insurance, negligence, news, proportionality by sally

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

One in five cosmetic surgery clinics are unsafe, warns CQC – The Guardian

Posted October 30th, 2019 in cosmetic surgery, health & safety, news, ombudsmen, quality assurance, standards by sally

‘The health regulator is threatening to shut down beauty clinics that perform unsafe facelifts, nose jobs and breast enlargements after finding that one in five are putting clients at risk.’

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The Guardian, 29th October 2019

Source: www.theguardian.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

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Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers

Posted October 30th, 2019 in enforcement, financial dispute resolution, news by sally

‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’

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No. 5 Chambers, 7th October 2019

Source: www.no5.com

BAILII: Recent Decisions

Posted October 30th, 2019 in law reports by sally

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon

Posted October 30th, 2019 in disclosure, evidence, investigatory powers, media, news, police by sally

‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’

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Panopticon, 29th October 2019

Source: panopticonblog.com

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

Posted October 30th, 2019 in appeals, class actions, consent, consumer protection, data protection, internet, news, privacy, service out of jurisdiction by sally

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

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Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

Posted October 30th, 2019 in appeals, employment, equality, freedom of expression, human rights, judges, judiciary, news, statutory interpretation, whistleblowers by sally

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

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Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk