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

Bitcoin Security: Should Developers Be Held Liable? – 3PB

Posted March 31st, 2023 in appeals, chambers articles, cryptocurrencies, fiduciary duty, news by sally

‘Most of us have experienced the sense of frustration and helplessness when losing a purse or wallet. Imagine your wallet was digital, and contained $4 billion in assets. Now imagine the device which held your wallet containing $4 billion in assets was hacked, and your assets disappeared into the ether.’

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3PB, 2nd March 2023

Source: www.3pb.co.uk

HMRC permitted to disclose taxpayer information to another taxpayer, court finds – OUT-LAW.com

Posted March 29th, 2023 in appeals, confidentiality, disclosure, HM Revenue & Customs, news, taxation, VAT by sally

‘The Court of Appeal in London has decided that HM Revenue and Customs (HMRC) can disclose confidential information about one taxpayer to another taxpayer in the context of a tax appeal.’

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OUT-LAW.com, 27th March 2023

Source: www.pinsentmasons.com

Isobel Renzulli: Begum v SSHD (2023): A restrictive approach to Article 4 ECHR – UK Constitutional Law Association

‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’

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UK Constitutional Law Association, 29th March 2023

Source: ukconstitutionallaw.org

Gary Lineker wins appeal over £4.9m tax bill – BBC News

‘Sports presenter Gary Lineker has won his appeal against HMRC over a £4.9m tax bill.’

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BBC News, 28th March 2023

Source: www.bbc.co.uk

Judges allow appeal from residents in out-of-borough accommodation disputes – Local Government Lawyer

Posted March 28th, 2023 in appeals, families, housing, local government, London, news by sally

‘Two residents have won cases in the Court of Appeal against decisions by London boroughs to move them to private rented accommodation outside the capital.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by tracey

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

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Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk