E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Alerter by Kathleen Donnelly and Thomas Evans – No Relief from Missed Cut-Off Date – Henderson Chambers

Posted May 18th, 2022 in chambers articles, delay, news, solicitors, time limits by sally

‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’

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Henderson Chambers, 9th May 2022

Source: www.hendersonchambers.co.uk

Limitation and Retrospective Effect: Abdelsalam v Expresso Telecom Group Ltd – Littleton Chambers

Posted May 18th, 2022 in appeals, chambers articles, employment, limitations, news, time limits by sally

‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’

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Littleton Chambers, 11th May 2022

Source: littletonchambers.com

R v Daniels: returning instructions – Doughty Street Chambers

Posted May 18th, 2022 in appeals, barristers, chambers articles, legal representation, news by sally

‘Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment in R v Daniels.’

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Doughty Street Chambers, 10th May 2022

Source: insights.doughtystreet.co.uk

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

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Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk

Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building

Posted May 18th, 2022 in accidents, bills, chambers articles, insurance, news, road traffic by sally

‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’

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Farrar's Building, 16th May 2022

Source: www.farrarsbuilding.co.uk

Mediating Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’

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Ropewalk Clinical Negligence Blog, 7th April 2022

Source: www.ropewalk.co.uk

What’s the use of a property guardian? – Gatehouse Chambers

Posted April 8th, 2022 in appeals, chambers articles, housing, news, rent, statutory interpretation by sally

‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk

Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers

‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’

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Littleton Chambers, 21st March 2022

Source: littletonchambers.com

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

R (HM) v Secretary of State for the Home Department – Blackstone Chambers

‘The Divisional Court (Lord Justice Edis and Mr Justice Lane) have handed down an important judgment concerning the legality of the Government’s policy to search, seize and retain data from the mobile phones of migrants arriving by small boat.’

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Blackstone Chambers, 25th March 2022

Source: www.blackstonechambers.com

How to remove someone’s citizenship and get away with it: Sharmistha Michaels writes for the Solicitors Journal -5 SAH

Posted April 8th, 2022 in bills, chambers articles, citizenship, government departments, news by sally

‘Sharmistha Michaels argues the government’s Nationality and Borders Bill could have severe consequences for citizenship.’

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5SAH, 30th March 2022

Source: www.5sah.co.uk

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

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Falcon Chambers, March 2022

Source: www.falcon-chambers.com

The boundaries of blessing applications – Re XYZ Trusts [2022] SC (Bda) 10 Civ – Wilberforce Chambers

Posted April 7th, 2022 in chambers articles, families, news, trusts by sally

‘The hearing dealt with a blessing application made by trustees in connection with the restructuring of the trust funds. of some 23 settlements between sub-funds in which separate branches of a larger family would then be beneficially interested. By the time of the hearing, the objections were limited to part of one of the three branches (“the Objectors”) on the basis that the new structure would not have sufficient liquidity.’

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Wilberforce Chambers, 31st March 2022

Source: www.wilberforce.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

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New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk