MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

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3PB, 5th September 2023

Source: www.3pb.co.uk

Applications for Non-Molestation Orders: What to Expect – Becket Chambers

Posted October 10th, 2023 in chambers articles, litigants in person, news, non-molestation orders by sally

‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’

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Becket Chambers, 1st September 2023

Source: becket-chambers.co.uk

Perverting the course of justice: an overview of the incoming sentencing guidelines – Guildhall Chambers

Posted October 10th, 2023 in chambers articles, news, perverting the course of justice, sentencing by sally

‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’

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Guildhall Chambers, 25th September 2023

Source: www.guildhallchambers.co.uk

Reforming Compensation for Wrongful Conviction – Mountford Chambers

‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

Tribunal sheds light on applications for cladding remediation orders – Tanfield Chambers

Posted October 9th, 2023 in chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’

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Tanfield Chambers, 14th September 2023

Source: www.tanfieldchambers.co.uk

Dangerous use of force, failure of safeguards and culture of dehumanisation – Brook House Inquiry report finds 19 instances of inhumane or degrading treatment – Garden Court Chambers

‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’

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Garden Court Chambers, 19th September 2023

Source: www.gardencourtchambers.co.uk

Interim Payments – The Low-Down (Including Some Practical Tips) – Pump Court Chambers

‘An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the total pot of compensation they will get at the end of their Personal Injury (“PI”) claim. They are generally obtained in complex PI/clinical negligence claims involving substantial damages and sometimes an as yet uncertain prognosis.’

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Pump Court Chambers, 15th September 2023

Source: www.pumpcourtchambers.com

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’

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Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk

ESG for Employers – Kingsley Napley

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

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Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

High Court rules on legal challenge to Government’s Storm Overflow Discharge Reduction Plan – Garden Court Chambers

Posted October 5th, 2023 in chambers articles, environmental protection, human rights, news, water by sally

‘In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan).’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

George’s Law – Pump Court Chambers

Posted October 4th, 2023 in bereavement, chambers articles, families, maternity leave, news, podcasts, pregnancy by sally

‘Keeley Lengthorn of Taylor Rose MW speaks to host Imogen Robins about her awe inspiring campaign for statutory leave for baby loss under 24 weeks of pregnancy. Keeley talks frankly about her own experiences which led her to be a campaigner, and listeners should be trigger-warned in relation to baby loss. This is not family law, but it is law affecting families and Keeley’s honesty and tenacity makes this a must-listen.’

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Pump Court Chambers, 1st September 2023

Source: www.pumpcourtchambers.com

Illegal Migration Bill: Welcomed by Human Traffickers – Mountford Chambers

Posted October 4th, 2023 in bills, chambers articles, immigration, news, trafficking in human beings by sally

‘Organised Crime poses an increasing problem around the world. Endangering the economic well-being of countries, it can pose national security threats and affect vulnerable communities. Anisha Kiri tracks recent developments.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

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Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd – Tanfield Chambers

‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’

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Tanfield Chambers, 11th September 2023

Source: www.tanfieldchambers.co.uk

Measured duty of care – St John’s Chambers

Posted October 4th, 2023 in boundaries, chambers articles, duty of care, news, party walls by sally

‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’

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St John's Chambers, 5th September 2023

Source: www.stjohnschambers.co.uk

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

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Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Inquests and the Fixed Recoverable Costs Reforms: To Be Or Not To Be? – Parklane Plowden Chambers

Posted October 4th, 2023 in chambers articles, costs, inquests, news by sally

‘Access to representation in the inquest process in relation to costs recoverability presently hangs in the balance as the final government proposals following the July MoJ consultation on Fixed Recoverable Costs (FRC) are awaited. Amongst other issues, the recoverability of inquest costs in Fatal Accident Act cases is part of the FRC consultation.’

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Parklane Plowden Chambers, 27th September 2023

Source: www.parklaneplowden.co.uk

The Remuneration of Pension Trustees: Some Current Issues – Wilberforce Chambers

Posted October 4th, 2023 in chambers articles, news, pensions, remuneration, trusts by sally

‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’

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Wilberforce Chambers, September 2023

Source: www.wilberforce.co.uk