Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted April 17th, 2023 in adoption, appeals, consent, families, local government, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever,1 and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.2 It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan.3 That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 13th April 2023

Source: www.familylaw.co.uk

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers

‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’

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Drystone Chambers, 5th March 2023

Source: www.drystone.com

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

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Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

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

Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures

‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’

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Legal Futures, 14th April 2023

Source: www.legalfutures.co.uk

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

Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers

‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’

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Doughty Street Chambers, 24th March 2023

Source: insights.doughtystreet.co.uk

Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers

‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’

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Doughty Street Chambers, 20th March 2023

Source: insights.doughtystreet.co.uk

Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers

Posted April 12th, 2023 in appeals, chambers articles, damages, holidays, negligence, news, part 36 offers by sally

‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’

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Pump Court Chambers, 27th March 2023

Source: www.pumpcourtchambers.com

What factors are relevant and admissible to establish that driving is dangerous? – Drystone Chambers

Posted April 12th, 2023 in appeals, chambers articles, dangerous driving, news by sally

‘In the recent case of R v Holder [2023] EWCA Crim 5 the Court of Appeal considered what conduct was encompassed with the definition of “dangerous driving” under the Road Traffic Act 1988.’

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Drystone Chambers, March 2023

Source: www.drystone.com

TRX v Southampton Football Club [2022] EWHC 3992 (KB): Retainers, lawful CFAs and Rule 47.20 – Costs Litigation Blog

Posted April 12th, 2023 in appeals, chambers articles, costs, news, sexual offences, solicitors, sport by sally

‘This blog by Dan Tobin examines the Court of Appeal decision in TRX v Southampton Football Club [2022] EWHC 3392 (KB).’

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Costs Litigation Blog, 10th March 2023

Source: costsandlitigationfunding.com

Tribunals remain “open to the difficult” … but perhaps not the persistently uncooperative – 3PB

‘The claimant worked as a Customer Assistant for the respondent from 8 September 2008 until he was dismissed on 5 September 2018. The respondent asserted that the claimant was dismissed because, during a shopping trip in his own time, the claimant had an altercation with a store manager. He was also alleged to have been abusive to a shopper and refused to sign his training record.’

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3PB, March 2023

Source: www.3pb.co.uk

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

‘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

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

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Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk

Transgender children GP: Helen Webberley wins suspension appeal – BBC News

‘A GP offering treatment for transgender patients online has won a High Court appeal against her suspension as a doctor and can now work again.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Party Walls – no notice, no Act! – Tanfield Chambers

Posted March 31st, 2023 in appeals, chambers articles, compensation, costs, housing, news, party walls, surveyors by sally

‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’

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Tanfield Chambers, 24th March 2023

Source: www.tanfieldchambers.co.uk

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Time Limits in Fitness to Practise Appeals & Statutory Appeals – 5SAH

Posted March 31st, 2023 in appeals, chambers articles, health, news, time limits by sally

‘All of the statutory healthcare regulators – the GMC, GDC, GPhC, GOC, GCC, GOsC, HCPC, NMC – as well as SWE have a time limit for filing appeals of 28 days. Those appeals lie to the High Court. Only two of those have any provision within their legislation permitting an extension of the time limit for filing an appeal. The GPhC’s legislation contains a provision permitting the Court to extend the time limit for filing an appeal.’

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5SAH, 16th March 2023

Source: www.5sah.co.uk