‘This blog by Dan Tobin examines the Court of Appeal decision in TRX v Southampton Football Club [2022] EWHC 3392 (KB).’
Costs Litigation Blog, 10th March 2023
Source: costsandlitigationfunding.com
‘The claimant worked as a Customer Assistant for the respondent from 8 September 2008 until he was dismissed on 5 September 2018. The respondent asserted that the claimant was dismissed because, during a shopping trip in his own time, the claimant had an altercation with a store manager. He was also alleged to have been abusive to a shopper and refused to sign his training record.’
3PB, March 2023
Source: www.3pb.co.uk
‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’
3PB, March 2023
Source: www.3pb.co.uk
‘The High Court has dismissed an application to set aside a sanctions designation issued by the Secretary of State for Foreign, Commonwealth and Development Affairs. This was the first challenge to be brought under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”).’
Blackstone Chambers, 15th March 2023
Source: www.blackstonechambers.com
‘”Black mould” is a very serious, sometimes deadly, consequence of water ingress building defects. Water ingress building defects are prolific, and issues and effects of mould growth are disturbingly common, particularly coming to the end of winter in Britain.’
3PB, 6th March 2023
Source: www.3pb.co.uk
‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’
St Philips Barristers, 30th March 2023
Source: st-philips.com
‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’
39 Essex Chambers, 29th March 2023
Source: www.39essex.com
‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’
Becket Chambers, 28th March 2023
Source: becket-chambers.co.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’
39 Essex Chambers, 14th March 2023
Source: www.39essex.com
‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’
12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023
Source: 12kbwemploymentlaw.wordpress.com
‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’
Parklane Plowden Chambers, 3rd March 2023
Source: www.parklaneplowden.co.uk
‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’
Ropewalk Chambers, 31st March 2023
Source: ropewalk.co.uk
‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’
Ropewalk Chambers, 1st March 2023
Source: ropewalk.co.uk
© Inner Temple Library 2024