Category: chambers articles

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

Posted July 10th, 2023 in appeals, care homes, chambers articles, coroners, duty of care, hospitals, human rights, inquests, local government, news, Supreme Court by sally

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

Full Story

2 Hare Court, 30th June 2023

Source: www.2harecourt.com

The importance of Reynolds in discrimination cases – 3PB

Posted July 5th, 2023 in appeals, chambers articles, employment, employment tribunals, equality, news, pregnancy, unfair dismissal by sally

‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’

Full Story

3PB, 7th June 2023

Source: www.3pb.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

Posted July 5th, 2023 in appeals, carers, chambers articles, coronavirus, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

Full Story

3PB, 5th June 2023

Source: www.3pb.co.uk

A Date to Remember – Withdrawing Election Petitions – 4-5 Gray’s Inn Square

Posted July 5th, 2023 in chambers articles, elections, local government, news by sally

‘The prospect of an election being challenged by an election petition is something that will no doubt form the stuff of nightmares for many of the readers of this magazine. However, it may happen and the recent case of Afzal v Khan & Ors [2023] EWHC 376 (KB)1 has given the High Court the opportunity to set out the law on some of the powers an Election Court has in deciding an Election Petition, in particular as to what it should do when the Petitioner decides they no longer wish to pursue it.’

Full Story

4-5 Gray's Inn Square, 1st June 2023

Source: www.4-5.co.uk

Public inquiries: back in fashion – 3 Hare Court

Posted July 5th, 2023 in chambers articles, inquiries, news by sally

‘Public inquiries – getting at the truth or kicking the can down the road? Malcolm Bishop KC hovers between optimism & cynicism, in this article for the New Law Journal.’

Full Story

3 Hare Court, 5th June 2023

Source: www.3harecourt.com

Thoroughly Modern Will Disputes – 5SAH

Posted July 5th, 2023 in chambers articles, children, cohabitation, dispute resolution, families, news, wills by sally

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

Full Story

5SAH, 3rd July 2023

Source: www.5sah.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by tracey

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

Full Story

Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Slavery: room for reparations? – 3 Hare Court

Posted June 14th, 2023 in chambers articles, compensation, forced labour, news, trafficking in human beings by sally

‘In 2013, the Caribbean Community set up the CARICOM Reparations Commission to “prepare the case [for] reparatory justice for the Caribbean region’s indigenous and African descendant communities who are the victims of crimes against humanity in the form of genocide, slavery, slave trading and racial apartheid”. A decade on, the issue is rarely far from the headlines.’

Full Story

3 Hare Court, 14th June 2023

Source: www.3harecourt.com

The four-day week: handling requests – Kingsley Napley

Posted June 14th, 2023 in bills, chambers articles, employment, news, pilot schemes, working time by sally

‘The jury is still out on whether the four-day week will remain the exception rather than the rule in future. In February, we learned that the majority of UK companies that took part in a six-month pilot in 2022 (offering employees a shorter working week on full pay for the same level of productivity) voted to continue with the trial, with 18 companies deciding to introduce the model permanently.’

Full Story

Kingsley Napley, 13th June 2023

Source: www.kingsleynapley.co.uk

Workplace bullying in law firms – a new frontier? – Kingsley Napley

Posted June 5th, 2023 in bullying, chambers articles, codes of practice, employment, law firms, lord chancellor, news, solicitors, Solicitors Regulation Authority by sally

‘Richard Fox, Jessica Clay and Lucinda Soon discuss what constitutes workplace bullying in light of the recent high-profile case against former justice secretary Dominic Raab.’

Full Story

Kingsley Napley, 19th May 2023

Source: www.kingsleynapley.co.uk

Law firms and preventing sexual harassment in the workplace – Kingsley Napley Employment Law Blog

Posted May 24th, 2023 in bills, chambers articles, employment, equality, harassment, law firms, news, professional conduct, sex discrimination, sexual offences, solicitors, Solicitors Regulation Authority by sally

‘Sexual harassment in the workplace has attracted growing concern globally over the past five years. The House of Commons Women and Equalities Select Committee (WESC) inquiry in July 2018 triggered a parliamentary debate around the need for stricter duties for employers to prevent unwanted sexual behaviour at work. In parallel, the Solicitors Regulation Authority (SRA) has prioritised tackling sexual misconduct in law firms and recent changes to its Codes of Conduct emphasise the expectation on firms to foster a culture of zero tolerance to counter-inclusive behaviours, including sexual misconduct.’

Full Story

Kingsley Napley Employment Law Blog, 23rd May 2023

Source: www.kingsleynapley.co.uk

Bell v HM Coroner for South Yorkshire (Eastern District) – Inquests and Inquiries Law Blog

Posted May 17th, 2023 in chambers articles, coroners, inquests, mental health, news, suicide by sally

‘In this post, Alex Carington considers a recent unsuccessful application under s. 13 of the Coroner’s Act 1988 in light of new evidence to quash an inquest in 1992 into the death of a woman who stepped into the path of an oncoming train where an open verdict was reached.’

Full Story

Inquests and Inquiries Law Blog, 16th May 2023

Source: inquestsandinquirieslawblog.com

Does the Raab affair provide sufficient clarity on what is meant by “bullying”? – Kingsley Napley

Posted April 26th, 2023 in bullying, chambers articles, employment, government departments, interpretation, news by sally

‘Employers have been crying out for years for clarity as to what exactly is meant by “bullying” in the modern workplace. What counts as reasonable and constructive criticism on the one hand, and intimidating or insulting behaviour on the other? The Raab case has brought this to a head. Indeed, there seems to have been more debate about this important question since publication of the Tolley report, than almost anything else to do with the case. And there is, in fact, a solution.’

Full Story

Kingsley Napley, 25th April 2023

Source: www.kingsleynapley.co.uk

End of the road for wishful thinking in asset valuations? – Pensions Barrister

Posted April 25th, 2023 in chambers articles, intellectual property, news, trusts, valuation by sally

‘Paul Newman KC has written a summary of the FTT decision in Morgan Lloyd Trustees Limited & ors v HMRC (31 March 2023). The case concerns the appropriate approach to the valuation of intellectual property rights (including domain names), and will be bad news for trustees hoping to rely on eyebrow-raising expert valuations to escape scheme sanction charges.’

Full Story

Pensions Barrister, 25th April 2023

Source: www.pensionsbarrister.com

Subsidy Control reviews: proportionality with a light touch – Competition Bulletin from Blackstone Chambers

Posted April 20th, 2023 in chambers articles, competition, news, proportionality, state aids by sally

‘As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent decision of the Divisional Court in the Bulb case suggests that the answer is proportionality (rather than rationality) – but that the proportionality review may be so light touch as not to add much to the traditional ground.’

Full Story

Competition Bulletin from Blackstone Chambers, 19th April 2023

Source: competitionbulletin.com

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

Full Story

Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers

Posted April 14th, 2023 in bereavement, chambers articles, criminal justice, families, news, sentencing, victims by sally

‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’

Full Story

Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

Posted April 14th, 2023 in chambers articles, climate change, demonstrations, environmental protection, news, nuisance by sally

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

Full Story

Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers

Posted April 14th, 2023 in appeals, assault, chambers articles, imprisonment, news, prison officers, prisons, sentencing by sally

‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’

Full Story

Drystone Chambers, 5th March 2023

Source: www.drystone.com

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

Posted April 14th, 2023 in appeals, chambers articles, government departments, licensing, news, Supreme Court, telecommunications by sally

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

Full Story

Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk