Category: chambers articles

When is a Crematorium Actually a Crematorium? – 39 Essex Chambers

Posted July 24th, 2024 in appeals, burials and cremation, chambers articles, local government, news, planning by tracey

‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’

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39 Essex Chambers, 16th July 2024

Source: www.39essex.com

Advice for those seeking probationary tenancy – The 36 Group

Posted July 24th, 2024 in barristers, chambers articles, news, pupillage by tracey

‘See probationary tenancy as a fresh opportunity to impress a new group of decision-makers, advises Abiodun Olatokun.’

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The 36 Group, 18th July 2024

Source: 36group.co.uk

PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

What’s gone wrong with the law of contempt? – 4 New Square

Posted July 24th, 2024 in chambers articles, consultations, contempt of court, fraud, Law Commission, news, statute law revision by tracey

‘In this article, Helen Evans KC, William Harman and Samuel Cuthbert of 4 New Square Chambers take a look at what has gone wrong with the law of contempt in proceedings involving frauds, or those embroiling professional advisers as defendants. They explain what the Law Commission is proposing to do, and consider how this will improve the present unsatisfactory state of the law.’

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4 New Square, 22nd July 2024

Source: www.4newsquare.com

Habitats Assessments: It’s not too late and everything is included – 4-5 Gray’s Inn Square

Posted July 17th, 2024 in chambers articles, environmental protection, news, planning, regulations by tracey

‘The Court of Appeal has held that regulation 63 of the Conservation of Habitats and Species Regulations 2017/1012 can require an assessment (i.e. a habitats regulations assessment, “HRA”) to be undertaken at the discharge of conditions stage – even if the outstanding conditions do not themselves concern habitats matters. This is important because it means the discharge of conditions cannot simply ride on the coat-tails of the outline permission.’

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4-5 Gray’s Inn Square , 15th July 2024

Source: www.4-5.co.uk

Adjudication and Collateral Warranties – Supreme Court Decision in Abbey v Simply – 4 New Square

Posted July 17th, 2024 in chambers articles, construction industry, dispute resolution, news, Supreme Court, warranties by tracey

‘In this article, 4 New Square Chambers’ Douglas James considers the Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd (Respondent) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (Appellant) [2024] UKSC 23 and its implications for adjudication business.’

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4 New Square, 15th July 2024

Source: www.4newsquare.com

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Personal Injury Blog

Posted July 15th, 2024 in brexit, chambers articles, EC law, news, personal injuries, statutory interpretation by tracey

‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’

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Ropewalk Personal Injury Blog, 10th July 2024

Source: ropewalk.co.uk

EHRC consultation: Updated guidance on sexual harassment – Kingsley Napley Employment Law Blog

Posted July 12th, 2024 in chambers articles, consultations, duty of care, employment, equality, Equality and Human Rights Commission, harassment, news by sally

‘The Equality and Human Rights Commission (EHRC) has today launched a consultation on its long awaited updated technical guidance on sexual harassment and harassment at work.’

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Kingsley Napley Employment Law Blog, 9th July 2024

Source: www.kingsleynapley.co.uk

Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB) – 12 King’s Bench Walk

Posted July 10th, 2024 in bereavement, cancer, chambers articles, damages, doctors, hospitals, medical treatment, negligence, news, nurses by tracey

‘Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.’

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12 King's Bench Walk, 2nd July 2024

Source: clinicalnegligence.blog

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

Posted July 10th, 2024 in bullying, chambers articles, damages, employment, equality, harassment, limitations, mental health, news, personal injuries, psychiatric damage by tracey

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

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12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

Harcombe / Kendrick preliminary trial judgment – 5RB

Posted July 10th, 2024 in chambers articles, defamation, media, news, public interest by tracey

‘Mr Justice Nicklin has handed down judgment on the preliminary issues that were tried between 3 and 11 July last year in Zoe Harcombe and Dr Malcolm Kendrick’s libel actions against the Mail on Sunday.’

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5RB, 25th June 2024

Source: www.5rb.com

Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

Posted July 10th, 2024 in appeals, causation, chambers articles, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by tracey

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

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4 New Square, 2nd July 2024

Source: www.4newsquare.com

Lant Street decision: is it a cladding system? – Tanfield Chambers

Posted July 4th, 2024 in building law, chambers articles, construction industry, health & safety, news by sally

‘This article will focus on a critical aspect of the Upper Tribunal’s recent decision in Lehner v Lant Street Management Company Limited [2024] UKUT 0135 (LC). It follows on from Piers Harrison’s earlier post on the case.’

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Tanfield Chambers, 20th June 2024

Source: www.tanfieldchambers.co.uk

Co-ownership in the business context: the odiousness of survivorship in equity – Wilberforce Chambers

Posted July 4th, 2024 in appeals, chambers articles, company law, equity, news, partnerships by sally

‘The co-ownership of property is a question that vexes all private client lawyers. The recent judgment of Nugee LJ, a former member of these chambers, in Williams v Williams [2024] EWCA Civ 42 involved litigation that touched upon the issue in the context of partnership and real property.’

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Wilberforce Chambers, 27th June 2024

Source: www.wilberforce.co.uk

Raising Racism at Inquests – Law Pod UK

Posted July 3rd, 2024 in chambers articles, inquests, news, podcasts, racism by sally

‘In Episode 201 Emma-Louise Fenelon speaks to Emma Snell of JUSTICE and Christian Weaver, a barrister at Garden North Chambers about Achieving Racial Justice at Inquests: A Practitioner’s Guide (2024), a guide recently published by JUSTICE and INQUEST.’

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Law Pod UK, 3rd July 2024

Source: audioboom.com

Climate Change must be counted – 4-5 Gray’s Inn Square

Posted July 2nd, 2024 in chambers articles, climate change, local government, news, oil wells, Supreme Court by tracey

‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’

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4-5 Gray’s Inn Square, 25th June 2024

Source: www.4-5.co.uk

Tackling the regulation of sexually explicit deepfakes – Kingsley Napley Criminal Law Blog

Posted June 28th, 2024 in artificial intelligence, chambers articles, criminal justice, internet, news, pornography, sexual offences by sally

‘Artificial intelligence, and its use on social media, is making it continuously harder to distinguish between real and fake information online. Although fact checking is often required when considering written or spoken words, with the advent of so-called “deepfakes”, we now also need to fact check some of the images or videos we see online.’

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Kingsley Napley Criminal Law Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

The Post Office Horizon scandal and the role of prosecutors – Mills & Reeve

Posted June 28th, 2024 in chambers articles, computer programs, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘Largely thanks to the prime-time ITV dramatization, the Post Office Horizon scandal has brought to light the serious shortcomings in the way the Post Office handled the private prosecution of sub-postmasters. Whilst this has shocked the nation, unfortunately the actions of the Post Office in its role as prosecutor comes as no surprise for those with experience of public prosecutors.’

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Mills & Reeve, 26th June 2024

Source: www.mills-reeve.com

The curious case of Brown v Ridley and Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 – Tanfield Chambers

Posted June 27th, 2024 in adverse possession, chambers articles, land registration, news by sally

‘Daniel Dovar considers the decision in Brown v Ridley [2024] UKUT 14 (LC) and the crucial nature of the timing of an application for adverse possession under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002.’

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Tanfield Chambers, 30th May 2023

Source: www.tanfieldchambers.co.uk

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

Posted June 27th, 2024 in bereavement, breach of trust, chambers articles, financial provision, news, probate, wills by sally

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

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Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk