chambers articles – Page 12 – Current Awareness

Alerter by Thomas Evans – Potential Group Action stayed for ADR – Henderson Chambers

Posted August 18th, 2023 in chambers articles, class actions, coronavirus, dispute resolution, news, stay of proceedings, universities by sally

‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’

Henderson Chambers, 27th July 2023

Source: www.hendersonchambers.co.uk

‘Game, Set-Aside and Match’: Applications To Set Aside Default Judgment and the Decision in FXF v English Karate Federation Ltd – Ropewalk Chambers

Posted August 17th, 2023 in chambers articles, default judgments, news, personal injuries, sanctions, setting aside by sally

‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’

Ropewalk Chambers, 28th July 2023

Source: ropewalk.co.uk

Consultation on Permitted Development: Relaxing the Rules – 4-5 Gray’s Inn Square

Posted August 17th, 2023 in areas of outstanding natural beauty, chambers articles, consultations, housing, news, planning by sally

‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’

4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

Posted August 7th, 2023 in building law, chambers articles, fire, health & safety, housing, landlord & tenant, local government, news, repairs by sally

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – Guildhall Chambers

Posted August 3rd, 2023 in chambers articles, news, rape, Supreme Court, vicarious liability by sally

‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’

Guildhall Chambers, 17th July 2023

Source: www.guildhallchambers.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Highways in a Climate Crisis – 4-5 Gray’s Inn Square

Posted August 3rd, 2023 in chambers articles, climate change, news, roads, transport by sally

‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’

4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient? – QMLR

Posted August 3rd, 2023 in cancer, chambers articles, contribution, doctors, negligence, news by sally

‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’

QMLR, 18th July 2023

Source: 1corqmlr.com

Montgomery and Material Contribution – QMLR

Posted August 3rd, 2023 in birth, causation, chambers articles, contribution, negligence, news, personal injuries by sally

‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’

QMLR, 18th July 2023

Source: 1corqmlr.com

When can findings of fact be re-opened? – Becket Chambers

Posted August 3rd, 2023 in chambers articles, children, family courts, news, res judicata by sally

‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’

Becket Chambers, 3rd July 2023

Source: becket-chambers.co.uk

Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers

Posted August 3rd, 2023 in building law, chambers articles, defective premises, leases, news by sally

‘Hugh Rowan examines three new cases of action under the BSA.’

Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

Posted August 2nd, 2023 in appeals, chambers articles, equality, foreign jurisdictions, news, Supreme Court by sally

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

Cloisters, 14th July 2023

Source: www.cloisters.com

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

Posted August 2nd, 2023 in building law, chambers articles, construction industry, conveyancing, health & safety, housing, landlord & tenant, news by sally

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

How not to talk about capacity and mental illness – Doughty Street Chambers

Posted August 2nd, 2023 in appeals, case management, chambers articles, contracts, litigation friends, mental health, news, solicitors by sally

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

Posted August 2nd, 2023 in appeals, chambers articles, doctors, medical treatment, negligence, news, Supreme Court by sally

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

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