chambers articles – Page 19 – Current Awareness

A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch) – Wilberforce Chambers

Posted May 3rd, 2024 in arbitration, chambers articles, jurisdiction, news, trusts by sally

‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’

Wilberforce Chambers, 26th April 2024

Source: www.wilberforce.co.uk

“Sentencing decisions cannot be prescribed by accidents of time” – Mountford Chambers

Posted May 3rd, 2024 in appeals, chambers articles, imprisonment, murder, news, sentencing, young offenders by sally

‘Stephanie Panchkowry considers the mandatory minimum term for young people in the light of the recent case of Kamarra-Jarra (Ismaila) [2024] EWCA Crim 198.’

Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Family Law Newsletter – Spire Barristers

Posted May 3rd, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – April 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

Spire Barristers, 22nd April 2024

Source: www.spirebarristers.co.uk

Remediation orders – landlords beware – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, repairs by sally

‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’

Tanfield Chambers, 26th April 2024

Source: www.tanfieldchambers.co.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, tribunals by sally

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk

Sexism in the City and the FCA – Mountford Chambers

Posted May 2nd, 2024 in assault, chambers articles, financial regulation, harassment, news, sexual offences by sally

‘Fatima Jama examines the issues in the regulation of non-financial misconduct, in particular, sex offending and gender-based misbehaviour in the financial service industry.’

Mountford Chambers, 9th April 2024

Source: www.mountfordchambers.com

Di Bari v Avon Ground Rents – Space Apartments, London N22 – a new case on remediation orders – Tanfield Chambers

Posted May 2nd, 2024 in building law, chambers articles, leases, news, repairs by sally

‘This decision follows on from the Tribunal’s decisions in Waite v Kedai (Leigham Court Road), Culpin v Stockwood(Orchard House) and Mistry v Wallace (Centrillion Point). The decision is an important addition to the growing case law.’

Tanfield Chambers, 5th April 2024

Source: www.tanfieldchambers.co.uk

Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent? – Wilberforce Chambers

Posted May 2nd, 2024 in administrators, chambers articles, company law, insolvency, news by sally

‘David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?

Published in the journal International Corporate Rescue, it discusses the statutory tests applicable when an administrator of a company seeks to make a substantial disposal during the first eight weeks of an administration under the Insolvency Act 1986.’

Wilberforce Chambers, 29th April 2024

Source: www.wilberforce.co.uk

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

Posted May 2nd, 2024 in chambers articles, damages, news, personal injuries, road traffic, Supreme Court by sally

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

7BR, 5th April 2024

Source: www.7br.co.uk

Paranoid Delusion, Undue Influence, and Predatory Marriage: Langley v Qin – New Square Chambers

Posted May 2nd, 2024 in carers, chambers articles, elderly, marriage, mental health, news, undue influence, wills by sally

‘Judgment has now been handed down in Langley v Qin, a dispute over the will of Robert Harrington
who, at the age of 93, married his carer, Ms Qin, then aged 54.’

New Square Chambers, 15th April 2024

Source: newsquarechambers.co.uk

Economic Crime and Corporate Transparency Act 2023 – Mountford Chambers

Posted May 2nd, 2024 in chambers articles, cryptocurrencies, fraud, news, proceeds of crime, terrorism by sally

‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’

Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Court of Appeal rules damages may be awarded for imminent inhuman treatment caused by unlawful No Recourse to Public Funds Policy – Landmark Chambers

Posted May 2nd, 2024 in asylum, benefits, chambers articles, damages, human rights, immigration, news by sally

‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’

Landmark Chambers, 18th April 2024

Source: www.landmarkchambers.co.uk

Sexual harassment in the workplace: employers, are you ready for the new rules? You have 6 months and counting… – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 30th, 2024 in chambers articles, employment, harassment, news by sally

‘On 26 October 2024, the new duty on employers, introduced by The Worker Protection (Amendment of Equality Act 2010) Act 2023 (‘Act’), to prevent sexual harassment of employees takes effect.’

12 King’s Bench Walk Employment and Discrimination Blog, 8th April 2024

Source: 12kbwemploymentlaw.wordpress.com

Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog

Posted April 30th, 2024 in chambers articles, negligence, news, personal injuries, sport by sally

‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’

12KBW Personal Injury Law Blog, 18th April 2024

Source: pilawblog.com

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

Posted April 30th, 2024 in chambers articles, damages, news, personal injuries, road traffic, Supreme Court by sally

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

Irwin Mitchell Trust Corporation v PW – Hailsham Chambers

Posted April 30th, 2024 in alternative business structures, chambers articles, news, personal injuries by sally

‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’

Hailsham Chambers, 11th April2024

Source: www.hailshamchambers.com

Denial in the Nile: intention and contract formation – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, contracts, news, remuneration, shipping law by sally

‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’

Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

Can workers be subjected to detriment for participating in lawful industrial action? The Supreme Court decision in Mercer – Guildhall Chambers

Posted April 30th, 2024 in chambers articles, human rights, industrial action, news by sally

‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’

Guildhall Chambers, 24th April 2024

Source: www.guildhallchambers.co.uk

Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, civil procedure rules, costs, disclosure, environmental protection, news by sally

‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’

Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

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