NA v LA [2024] EWFC 113 – 1 GC: Family Law
‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’
1 GC: Family Law, 4th June 2024
Source: www.familylawweek.co.uk
Category: chambers articles
Neurodiversity in academic misconduct: considerations for accessibility, equity and inclusion – Kingsley Napley Regulatory Blog
‘As artificial intelligence technologies (“AI”) progress, universities face heightened pressure to detect and address academic dishonesty, including plagiarism and collusion. Receiving an allegation of academic misconduct is a difficult experience for any student, but for neurodivergent students, this process can add layers of complexity and emotional strain.’
Kingsley Napley Regulatory Blog, 20th May 2024
Source: www.kingsleynapley.co.uk
The Basic Art of the Perfect Bundle – Pump Court Chambers
‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’
Pump Court Chambers, 30th April 2024
Source: www.pumpcourtchambers.com
Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers
‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’
Park Square Barristers, 2nd April 2024
Source: www.parksquarebarristers.co.uk
Which 10-year period of reasonable belief? – St Philips Barristers
‘In Brown v Ridley [2024] UKUT 14 (LC) the Upper Tribunal (Lands Chamber) considered whether the 10-year period of reasonable belief required for adverse possession applications must end on the date of the application (or, alternatively, whether it may be any 10 years within the period of adverse possession ending on the date of the application).’
St Philips Barristers, 16th April 2024
Source: st-philips.com
Greenwashing: Where are we now? – Mills & Reeve
‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’
Mills & Reeve, 16th May 2024
Source: www.mills-reeve.com
Small Data: damage, distress and the development of a new type of claim – Law Pod UK
‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’
Law Pod UK, 15th May 2024
Source: audioboom.com
Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers
‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’
No.5 Chambers, 18th April 2024
Source: www.no5.com
Inducements relating to collective bargaining – Smith & ors v London Ashford Airport Limited – Old Square Chambers
‘EJ Richard Wood held that the Airport had breached s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 by offering pay increases directly to 9 members of Prospect, the trade union recognised by the Airport for collective bargaining purposes. The Tribunal’s judgment provides a helpful application of the interpretation of s. 145B in the Supreme Court’s decision in Kostal UK Ltd v Dunkley and ors [2021] UKSC 47 and the EAT’s decision in Ineos Infrastructure Grangemouth Ltd v Jones & ors and Ineos Chemicals Grangemouth Ltd v Arnott & ors [2022] EAT 82. Under s. 145B employers are prohibited from making offers to employees who are members of a recognised trade union which, if accepted, would have the result that one or more terms of their employment will not, or will no longer, be determined by collective bargaining (the “prohibited result”), if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the ET must make a prescribed award (£4,554 at the time the claim was presented) to each member to whom the offer is made.’
Old Square Chambers, 24th April 2024
Source: oldsquare.co.uk
Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers
‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’
Park Square Barristers, 3rd April 2024
Source: www.parksquarebarristers.co.uk
Mediation Tips: Preparing to Settle – St Philips Barristers
‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’
St Philips Barristers, 23rd April 2024
Source: st-philips.com
Environmental Law News Podcast – Six Pump Court
‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’
Six Pump Court, 18th April 2024
Source: 6pumpcourt.co.uk
Case Law Update: Savage V Savage [2024] EWCA Civ 49 – St Philips Barristers
‘In Savage v Savage [2024] EWCA Civ 49 (“Savage”), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA 1996”) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries of a trust of land, the Court was permitted to consider the circumstances and wishes of the minority beneficiaries under Section 15 (3) TOLATA 1996.’
St Philips Barristers, 16th April 2024
Source: st-philips.com
Beyond the boundaries of time – Haden, Luxton and section 14 of POCA – Mountford Chambers
‘Grace Khaile considers the Court of Appeal’s latest judgments on delay in confiscation proceedings. The two-year limit in section 14(5) of the Proceeds of Crime Act after conviction for the determination of confiscation proceedings appears to be no more than notional.’
Mountford Chambers, 23rd April 2024
Source: www.mountfordchambers.com
The Safety of Rwanda (Asylum and Immigration) Act – Landmark Chambers
‘The evening of 22 April 2024, the Safety of Rwanda (Asylum and Immigration) Bill completed its passage through Parliament. The Act received royal assent on 25 April 2024 (“the Rwanda Act”/“the Act”).’
Landmark Chambers, 30th April 2024
Source: www.landmarkchambers.co.uk
April 2024 Roundup – Football Law
‘A roundup of football law news and decisions from April 2024.’
Football Law, 3rd May 2024
Source: www.footballlaw.co.uk
Murder – a case for reform – Mountford Chambers
‘The events in Nottingham in the early morning of 13th June 2023 prompted an outpouring of collective grief. Valdo Calocane killed three innocent people and attempted to kill three others. The suffering for the victims’ families was palpable. Calocane was originally charged with murder and attempted murder. The Crown Prosecution Service later decided to accept the guilty pleas to manslaughter on the basis of diminished responsibility. The reports of four separate psychiatrists all agreed that Calocane was suffering from an abnormality of mental functioning which arose from a recognised medical condition, and which substantially impaired his ability to form a rational judgment and to exercise self-control, such as to provide an explanation for the killings. He was sentenced in January of this year to a Hospital Order subject to restrictions (pursuant to sections 37 and 41 of Mental Health Act 1983).’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
Jurors behaving badly – Mountford Chambers
‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
Big Changes to the 10 Year Long Residence ILR Rules – Richmond Chambers
‘Since 11 April 2024, there has been a(nother) new Appendix to the Immigration Rules: Appendix Long Residence.’
Richmond Chambers, 1st May 2024
Source: immigrationbarrister.co.uk
Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers
‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’
Landmark Chambers, 16th April 2024
Source: www.landmarkchambers.co.uk
