‘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
‘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
‘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
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
‘Rebecca Tuck KC, Eleena Misra KC and Nadia Motraghi KC (with a contribution from Ijeoma Omambala KC) discuss the new Flexible Working Act 2023 and where we are now?’
Old Square Chambers, 19th July 2023
Source: oldsquare.co.uk
‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’
Pensions Barrister, 31st July 2023
Source: www.pensionsbarrister.com
‘Harassment is a criminal offence and a civil wrong, which means it can be resolved in the criminal or civil courts/employment tribunal. It is a serious offence that can have a lasting impact on those who experience it. Many of these types of harassment overlap – for example, sexual harassment might come in the form of verbal or physical harassment.’
St Pauls Chambers, 12th July 2023
Source: www.stpaulschambers.com
‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’
St Ives Chambers, 21st July 2023
Source: www.stiveschambers.co.uk
‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’
St John's Chambers, 13th July 2023
Source: www.stjohnschambers.co.uk
‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’
Gatehouse Chambers, 25th July 2023
Source: gatehouselaw.co.uk
‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’
St John's Chambers, 3rd July 2023
Source: www.stjohnschambers.co.uk
‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’
Ropewalk Chambers, 19th July 2023
Source: ropewalk.co.uk
‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’
Wilberforce Chambers, July 2023
Source: www.wilberforce.co.uk
‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’
Wilberforce Chambers, 31st July 2023
Source: www.wilberforce.co.uk
‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’
Six Pump Court, 31st July 2023
Source: 6pumpcourt.co.uk
‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’
3 Hare Court, 12th June 2023
Source: www.3harecourt.com
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