Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
Category: appeals
Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick – Local Government Lawyer
‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’
Local Government Lawyer, 17th April 2020
Source: www.localgovernmentlawyer.co.uk
Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette
‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’
Law Society's Gazette, 16th April 2020
Source: www.lawgazette.co.uk
Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers
‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’
Garden Court Chambers, 2nd April 2020
Source: www.gardencourtchambers.co.uk
Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group
‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’
The 36 Group, 14th April 2020
Source: 36group.co.uk
Vicarious Liability – the move is over – Hailsham Chambers
‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’
Hailsham Chambers, 9th April 2020
Source: www.hailshamchambers.com
Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers
‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’
Henderson Chambers, 3rd April 2020
Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers
‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’
Old Square Chambers, April 2020
Source: www.oldsquare.co.uk
The Use of Statistical Evidence in Clinical Negligence Cases – 39 Essex Chambers
‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
On The Move – Ropewalk Chambers
‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’
Ropewalk Chambers, 14th April 2020
Source: www.ropewalk.co.uk
Covid-19 and claimed rights of way: lessons from R (on the application of Roxlena Ltd) v Cumbria County Council & Peter Lamb [2019] EWCA Civ 1639 – Landmark Chambers
‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’
Landmark Chambers, 3rd April 2020
Source: www.landmarkchambers.co.uk
Jonathan Upton successful in High Court appeal on the right to enfranchise under the 1967 Act – Each Other
‘In Freehold Properties 250 Ltd v Field and others [2020] EWHC 792 (Ch) (Marcus Smith J) the court considered: (i) whether a tenant has a right to enfranchise under the Leasehold Reform Act 1967 (“the 1967 Act”) where the structural parts (i.e. the roof, foundations and load-bearing walls) of the house are excluded from the demise; and (ii) whether the exclusion of the structural parts is void under s.23(1) of the 1967 Act.’
Each Other, 14th April 2020
Source: www.tanfieldchambers.co.uk
Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog
‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’
UK Human Rights Blog, 14th April 2020
Source: ukhumanrightsblog.com
Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer
‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
Firm that missed email and released funds given all-clear by High Court – Tanfield Chambers
‘Proceedings against a law firm which overlooked instructions sent to its ‘contact us’ email address and subsequently released £377,000 from its client account have been dismissed by the High Court.’
Tanfield Chambers, 15th April 2020
Source: www.tanfieldchambers.co.uk
Vicarious liability – ‘on the move’ no longer – Parklane Plowden
‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’
Parklane Plowden, 7th April 2020
Source: www.parklaneplowden.co.uk
WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk
‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’
12 King's Bench Walk, 2nd April 2020
Source: www.12kbw.co.uk
Charles and Diana Ingram to challenge guilty verdicts in Millionaire case – The Guardian
‘Charles and Diana Ingram will ask the court of appeal to overturn their convictions for cheating on Who Wants to Be a Millionaire? – arguing that new audio analysis casts serious doubt on the evidence used to prosecute them.’
The Guardian, 15th April 2020
Source: www.theguardian.com
General Medical Council and Professional Standards Authority for Health and Social Care v Dr Zafar – Old Square Chambers
‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers
‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
