‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’
Littleton Chambers, 24th May 2024
Source: littletonchambers.com
‘Mr Chohan and Mr Ved knew each other from childhood. From 2008 Mr Ved ran his accountancy business, Sterling Associates, from part of the premises comprising 5TC pursuant to a series of licence agreements with the then tenant of 5TC, Eutopia Ltd (“Eutopia”).’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘Laura Tweedy and Gemma de Cordova, together with Oskar Musial and Helena Davies of Brabners Solicitors, consider the circumstances of a recently reported High Court decision (AIUL v Alex Wainwright and Persons Unknown [2023] 5 WLUK 613) granting a quia timet interim injunction against “urban explorers” who trespassed on an abandoned seminary building near Manchester.’
Gatehouse Chambers, May 29th 2024
Source: gatehouselaw.co.uk
‘Inadequate diagnosis and treatment of Frazer Williams’ mental health condition was among the probable causes of the 28-year-old’s death at HMP Guy’s Marsh, a jury unanimously found.’
Garden Court Chambers, 23rd May 2024
Source: www.gardencourtchambers.co.uk
‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’
Henderson Chambers, 2nd May 2024
Source: www.hendersonchambers.co.uk
‘The FTT has now handed down its first decision regarding the proper construction of the carried interest provisions at Part III, Ch 5 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) and the transitional/grandfathering provision at s. 43 (2) Finance (No.2) Act 2015.’
Devereux Chambers, 13th May 2024
Source: www.devereuxchambers.co.uk
‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’
Exchange Chambers, 20th May 2024
Source: www.exchangechambers.co.uk
‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’
Becket Chambers, 9th May 2024
Source: becket-chambers.co.uk
‘The Divisional Court has handed down a judgment finding that The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (the “Regulations”) are unlawful.’
Blackstone Chambers, 24th May 2024
Source: www.blackstonechambers.com
‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’
Francis Taylor Building, 24th May 2024
Source: www.ftbchambers.co.uk
‘In the second of a series of articles on the Infected Blood Inquiry, we review the lessons to be learned to ensure we avoid complacency.’
Mills & Reeve, 11th June 2024
Source: www.mills-reeve.com
I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’
Becket Chambers, 28th May 2024
Source: becket-chambers.co.uk
‘The Patents Court (Richards J) has dismissed Ericsson’s applications contesting the Court’s jurisdiction and seeking a strike out of elements of Lenovo’s claim. Richards J further dismissed Ericsson’s application in the alternative for a case management stay.’
Blackstone Chambers, 1st May 2024
Source: www.blackstonechambers.com
‘This short article focuses upon the Court of Appeal’s recent decision in the case of Re H (A Child: Domestic Abuse) 2024 EWCA Civ 326 in which it considered the father’s appeal against a child arrangements order under which he was to have no face to face contact with his 3 year old son for an indefinite period of time.’
Becket Chambers, 7th May 2024
Source: becket-chambers.co.uk
‘In this post, Jack Williams of Monckton Chambers provides an update on section 6 of the Retained EU Law (Revocation and Reform) Act 2023 concerning the role of courts in interpreting and departing from assimilated case law.’
EU Relations Law, 11th June 2024
Source: eurelationslaw.com
‘The June 2024 Mental Capacity Report is now out. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;
(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;
(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;
(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;
(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?
(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’
Mental Capacity Law and Policy, 6th June 2024
‘Sextortion is a form of blackmail where victims receive threats that intimate images of them will be shared or distributed unless they meet the blackmailer’s financial demands. Law enforcement agencies have reported “an epidemic” of such cases with global figures more than doubling in 2023. This reported increase is reflected in the number of clients seeking our advice on how to deal with this particularly distressing form of criminality.’
Kingsley Napley Criminal Law Blog, 6th June 2024
Source: www.kingsleynapley.co.uk
‘On 21 May 2024, the Court of Appeal handed down judgment in R (on the application of Dawes) v Secretary of State for Transport & Anor [2024] EWCA Civ 560. The Court of Appeal dismissed Ms Dawes’ appeal against the High Court’s dismissal of her judicial review, which challenged a (second) development consent order permitting the re-opening of Manston Airport in Kent.’
39 Essex Chambers , 6th June 2024
Source: www.39essex.com
‘Lukes v Kent & Medway NHS Trust and Kent Police [2024] EWHC 753 (KB) is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health assessment/treatment.’
12KBW Personal Injury Law Blog, 28th May 2024
Source: pilawblog.com
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