Category: chambers articles

Restraint Orders: Is Complexity of Financial Structures an Indicator of Dishonesty? – Doughty Street Chambers

Posted April 30th, 2024 in chambers articles, corruption, fraud, money laundering, news, restraint orders by sally

‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a ‘complex web’, ‘designed to obfuscate’ or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’

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Doughty Street Chambers, 22nd April 2024

Source: insights.doughtystreet.co.uk

Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers

Posted April 30th, 2024 in chambers articles, law firms, locus standi, negligence, news, striking out, trusts by sally

‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’

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Hailsham Chambers, 16th April 2024

Source: www.hailshamchambers.com

In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

Posted April 30th, 2024 in chambers articles, damages, fundamental dishonesty, news, personal injuries by sally

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

Financial Fair Play in the Premier League – Everton and Nottingham Forest – 12 King’s Bench Walk

Posted April 30th, 2024 in chambers articles, financial regulation, news, sport by sally

‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’

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12 King's Bench Walk, 4th April 2024

Source: 12kbw.co.uk

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, disclosure, dispute resolution, enforcement, news, without prejudice communications by sally

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

AI and Climate Change – 39 Essex Chambers

Posted April 29th, 2024 in artificial intelligence, chambers articles, climate change, environmental protection, news, podcasts by sally

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others) – Gatehouse Chambers

Posted April 29th, 2024 in administrators, chambers articles, dispute resolution, insolvency, news, remuneration by sally

‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’

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Gatehouse Chambers, 19th April 2024

Source: gatehouselaw.co.uk

Everton’s Appeal Provides Sanction Guidance – 3 Hare Court

Posted April 29th, 2024 in appeals, chambers articles, disciplinary procedures, dispute resolution, news, sport by sally

‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’

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3 Hare Court. 11th March 2024

Source: www.3harecourt.com

Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court

Posted April 29th, 2024 in Administrative Court, appeals, chambers articles, disciplinary procedures, employment, mental health, news, nurses, professional conduct by sally

‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers

Posted April 26th, 2024 in appeals, chambers articles, employment, employment tribunals, news, notification, paternity leave, unfair dismissal by sally

‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’

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Henderson Chambers, 25th March 2024

Source: www.hendersonchambers.co.uk

Substantial injustice – where are we now? – 39 Essex Chambers

Posted April 26th, 2024 in accidents, chambers articles, compensation, damages, deceit, fundamental dishonesty, news, personal injuries, psychiatric damage by sally

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

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Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

Costs, Actually: A Recap on Offers to Settle – Gatehouse Chambers

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, media, news, part 36 offers, privacy by sally

‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

Posted April 26th, 2024 in chambers articles, disciplinary procedures, employment, local government, news, planning, professional conduct, reasons by sally

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Environmental Corporate Social Responsibility in Action: The Advertising Standards Authority bans a Toyota SUV advert for not being prepared with a sense of social responsibility – Francis Taylor Building

Posted April 26th, 2024 in advertising, chambers articles, company law, complaints, environmental protection, news, ombudsmen by sally

‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’

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Francis Taylor Building, 21st March 2024

Source: www.ftbchambers.co.uk

The pro-rating of pensions increases – Pensions Barrister

Posted April 26th, 2024 in chambers articles, news, pensions by sally

‘Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for it.’

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Pensions Barrister, 23rd April 2024

Source: www.pensionsbarrister.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, fraud, news, personal injuries, wasted costs orders, witnesses by sally

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

Representative actions under CPR 19.8: practical lessons to learn from Barclays Bank UK Plc v Terry – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, civil procedure rules, class actions, news by sally

‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

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Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk