Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons) – Old Square Chambers

Posted February 11th, 2021 in chambers articles, employment, equality, gender, news, transgender persons by sally

‘Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.’

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Old Square Chambers, 9th February 2021

Source: oldsquare.co.uk

Irwell v Watson: tribunals as a one stop shop – by John Bowers QC – Littleton Chambers

Posted February 11th, 2021 in chambers articles, employment tribunals, insurance, news, third parties by sally

‘Employment tribunals were intended when first introduced in 1963 to be easily accessible, simple, and straightforward but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court, however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.’

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Littleton Chambers, 5th February 2021

Source: littletonchambers.com

Procurement—withdrawal of challenged award decision ends automatic suspension (Aquila Heywood Ltd v Local Pensions Partnership) – Henderson Chambers

Posted February 11th, 2021 in chambers articles, contracts, news, public procurement, regulations by sally

‘Local Pensions Partnership Administration Ltd (LPPA) awarded a contract under a framework. Acquila Heywood Ltd (Acquila) issued proceedings challenging the award on various bases. LPPA then withdrew the award decision and replaced it with a second decision in which Acquila was again unsuccessful. Acquila did not issue proceedings in respect of the second decision or amend its existing claim. The court held that the automatic suspension which arose under regulation 95 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 only prevented LPPA from awarding the contract pursuant to the first decision. Once that decision had been withdrawn and the bids re-evaluated, it served no further purpose. LLPA was therefore not required to refrain from entering into a contract pursuant to its second decision. LPPA’s application to lift the suspension pursuant to PCR 2015, SI 2015/102, reg 96(1)(a) was unnecessary.’

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Henderson Chambers, 9th February 2021

Source: www.hendersonchambers.co.uk

The One Thing Every Business Needs From Its Employment Lawyer This Year – Littleton Chambers

‘As legal advisers our job starts long before the court room and it is where we do our most valuable work. A world in which people don’t experience discrimination is a world in which no discrimination claims are brought and a world in which considerable time, stress, cost etc. is saved. Ok, it is also a world in which our litigation practice suffers but let’s be honest, we are a long way from that world and we could get considerably closer to it without worrying too much about having to rethink our career choices.’

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Littleton Chambers, 8th February 2021

Source: littletonchambers.com

Personal Injury Newsletter – Exchange Chambers

‘In the February 2021 edition of the personal injury newsletter:

Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.

Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.

Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.

Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’

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Exchange Chambers, February 2021

Source: lexlinks.exchangechambers.co.uk

Drawing the boundaries of the Quincecare duty in cases of fraud (Philipp v Barclays Bank plc) – Forum Chambers

Posted February 11th, 2021 in banking, chambers articles, duty of care, fraud, news by sally

‘Dispute Resolution analysis: Barclays Bank plc successfully applied for summary judgment against Mrs Philipp (the claimant) in respect of her claim that Barclays breached its so-called Quincecare duty in failing to prevent the fraudulent dissipation of £700,000 following an authorised push payment fraud, ie a fraud where the victim is induced by the fraudster to authorise a payment instruction to transfer funds to the fraudster. The High Court determined that the claimant’s claim had no real prospects of success since the claim was dependent upon an impermissible and unprincipled extension of the Quincecare duty to situations where a bank acts on a customer’s authorised payment instructions. The duty was held to be confined to situations where an agent of the customer sought to misappropriate funds as had been the case in previously decided cases such as Singularis Holdings Ltd (In Official Liquidation.’

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Forum Chambers, 2nd February 2021

Source: www.forumchambers.com

D and F v Persons Unknown: anonymity under the Venables jurisdiction – Doughty Street Chambers

Posted February 11th, 2021 in anonymity, chambers articles, human rights, murder, news by sally

‘In D and F v Persons Unknown [2021] EWHC 157 (QB), handed down on 4th February, Tipples J granted an order permanently preventing the identification of two young women convicted of murdering Angela Wrightson.’

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Doughty Street Chambers, 8th February 2021

Source: insights.doughtystreet.co.uk

Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers

‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’

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Broadway House Chambers, 8th February 2021

Source: broadwayhouse.co.uk

Criminal Law Update – Devon Chambers

Posted February 11th, 2021 in chambers articles, codes of practice, criminal procedure, disclosure, news by sally

‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’

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Devon Chambers, February 2021

Source: www.devonchambers.co.uk

Astra-Zeneca v EU – the vaccine row explained in straightforward terms – The 36 Group

Posted February 11th, 2021 in chambers articles, contracts, coronavirus, EC law, medicines, news by sally

‘On 1 February, AstraZeneca told the EU that it would deliver around 50% of the 80 million COVID-19 vaccine doses that it had previously told the EU for the first quarter of 2021.’

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The 36 Group, 10th February 2021

Source: 36group.co.uk

Alternative Dispute Resolution – Becket Chambers

Posted February 11th, 2021 in chambers articles, coronavirus, delay, family courts, news by sally

‘The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, often prejudicial, delay in ending what is for most participants a highly unpleasant and distressing experience.’

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Becket Chambers, 1st February 2021

Source: becket-chambers.co.uk

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

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5SAH, 11th February 2021

Source: www.5sah.co.uk

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

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2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Reflections on Maughan: disclosure in inquests – Henderson Chambers

‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’

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Henderson Chambers, 19th January 2021

Source: www.hendersonchambers.co.uk

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021

Source: www.monckton.com

Not all breaches lead to loss – a cautionary tale – Littleton Chambers

Posted January 22nd, 2021 in causation, chambers articles, compensation, damages, news by sally

‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021

Source: littletonchambers.com