Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

Trial judge appointed special examiner to hear the evidence of a sanctioned Russian litigant and his witness in Dubai (Gorbachev v Guriev) – Gatehouse Chambers

Posted March 15th, 2024 in chambers articles, dispute resolution, news, Russia, sanctions, witnesses by sally

‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’

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Gatehouse Chambers, 20th February 2024

Source: gatehouselaw.co.uk

The iniquity ‘exception’ to Legal Professional Privilege (Al Sadeq v Dechert LLP) – Gatehouse Chambers

Posted March 14th, 2024 in chambers articles, fraud, legal profession, news, privilege by sally

‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’

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Gatehouse Chambers, 4th February 2024

Source: gatehouselaw.co.uk

Historic discrimination and pension schemes – Pensions Barrister

Posted March 14th, 2024 in age discrimination, chambers articles, news, pensions by sally

‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’

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Pensions Barrister, 14th March 2024

Source: www.pensionsbarrister.com

My Consumer Credit Act Agreement is defective. Can it still be enforced? – Park Square Barristers

Posted March 13th, 2024 in chambers articles, consumer credit, news by sally

As interest rates continue to rise, the impact of recent world events such as Covid, Brexit and the war in Ukraine continue to bite and confirmation last week that the UK has entered a recession, businesses and individuals continue to feel the cost-of-living squeeze. This has had an impact on not only performing obligations under finance agreements, whether they are “regulated” under the Consumer Credit Act 1974 (“CCA”) or “unregulated”, but also the ability of borrowers to obtain further finance to repay and restructure existing borrowing.

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Park Square Barristers, 20th February 2024

Source: www.parksquarebarristers.co.uk

Case Law Update: Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, families, family courts, legal representation, news by sally

‘Sir Andrew McFarlane (President of the Family division) has handed down a very helpful and hotly anticipated judgment regarding the approach the court should adopt when it has directed a QLR be appointed for a party but no QLR has been found. Sir Andrew McFarlane took the opportunity to provide this judgment following a substantive judgment given at the conclusion of a fact-finding hearing.’

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Parklane Plowden Chambers, 19th February 2024

Source: www.parklaneplowden.co.uk

Bathgate v Technip [2023] CSIH: Broadening the Scope of Qualifying Settlement Agreements – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, contract of employment, employment, news, Scotland by sally

‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’

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Parklane Plowden Chambers, 12th February 2024

Source: www.parklaneplowden.co.uk

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

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Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

Changes to holiday pay and entitlements – Kingsley Napley Employment Law Blog

Posted March 8th, 2024 in chambers articles, employment, holiday pay, news by sally

‘Calculating statutory holiday entitlements and pay has been an area of legal uncertainty, causing practical challenges for employers, for many years now. The Government has tried to resolve some of these with new legislation and provisions to update the law on holiday pay and calculation that came into force on 1 January 2024. It has also issued non-statutory guidance on the changes and separate non-statutory guidance on holiday entitlement generally which seeks to explain, in simple terms, workers’ entitlement to annual leave and pay.’

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Kingsley Napley Employment Law Blog, 7th March 2024

Source: www.kingsleynapley.co.uk

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk

Navigating the New UK Unmarried Partner Visa Rules – Richmond Chambers

Posted March 8th, 2024 in chambers articles, cohabitation, families, immigration, news, visas by sally

‘To enter the UK as a “partner” under Appendix FM to the Immigration Rules (“FM” being short for “Family Member”), there are three possible ways to qualify as a “partner”. First, as a “spouse”. Second, as a “civil partner”. Third, as an “unmarried partner”.’

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Richmond Chambers, 28th February 2024

Source: immigrationbarrister.co.uk

Unlawful Act Manslaughter or Gross Negligence Manslaughter? – St Pauls Chambers

‘On 29th November a jury sitting at Stafford Crown Court (Calver J) acquitted the defendant of unlawful act manslaughter and convicted him of gross negligence manslaughter.’

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St Pauls Chambers, 28th February 2024

Source: www.stpaulschambers.com

Is There a Place for Law to Regulate Menopause in the Workplace?”- by Eugenia Caracciolo di Torella and Pascale Lorber – UK Labour Law Blog

‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’

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UK Labour Law Blog, 8th March 2024

Source: uklabourlawblog.com

When is Relief Not Relief? – Pump Court Chambers

‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’

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Pump Court Chambers, 13th February 2024

Source: www.pumpcourtchambers.com

An interesting sentencing exercise – St Pauls Chambers

‘On 4.2.24 CLOWES was sentenced to 2 years imprisonment suspended for 2 years for gross negligence manslaughter.’

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St Pauls Chambers, 28th February 2024

Source: www.stpaulschambers.com

The Undecided Boundary – St Philips Barristers

Posted March 6th, 2024 in boundaries, chambers articles, land registration, news by sally

‘As land lawyers know, but neighbours often do not, the title plan for a registered title at HM Land Registry is (unless it states to the contrary) “general” (Section 60(1)(2) Land Registration Act 2002).’

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St Philips Barristers, 22nd February 2024

Source: st-philips.com

Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers

Posted March 6th, 2024 in adoption, chambers articles, children, families, news, surrogacy by sally

‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’

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Spire Barristers, 13th February 2024

Source: www.spirebarristers.co.uk

The Court of Appeal has held that if the Government’s interpretation of the Paris Agreement is “tenable” the courts will not interfere – Six Pump Court

‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’

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Six Pump Court, 16th January 2024

Source: 6pumpcourt.co.uk

Public Law Newsletter: Feb 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter February 2024; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 19th February 2024

Source: www.spirebarristers.co.uk

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk