‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’
2DRJ, 18th April 2024
Source: www.2drj.com
‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’
2DRJ, 26th March 2024
Source: www.2drj.com
‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’
Gatehouse Chambers, 18th March 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’
Gatehouse Chambers, 7th March 2024
Source: gatehouselaw.co.uk
‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’
Becket Chambers, 2nd April 2024
Source: becket-chambers.co.uk
‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’
Five Pump Court Chambers, 22nd March 2024
Source: www.5pumpcourt.com
‘Achas Burin updates readers on three essential news items concerning the future of Public Inquiries: the commencement of the Lampard Inquiry, the Norton committee reviewing Inquiries and the government consultation on apologies following the Independent Inquiry into Child Sexual Abuse.’
Inquests and Inquiries Law Blog, 17th April 2024
Source: inquestsandinquirieslawblog.com
‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’
Kingsley Napley Criminal Law Blog, 16th April 2024
Source: www.kingsleynapley.co.uk
‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’
Pensions Barrister, 18th April 2024
Source: www.pensionsbarrister.com
‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’
39 Essex Chambers, 7th February 2024
Source: www.39essex.com
‘Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
‘A search of the internet for “how successful is mediation?” indicates that “mediation has an average success rate of 70-80%” but my daughter tells me that 86.7% of statistics on the internet are made up so further research is required. The authoritative CEDR 10th Annual Mediation Audit, available at Tenth-CEDR-Mediation-Audit-2023.pdf found that 72% of civil mediations settled on the day and a further 20% settled “shortly after”. There is, therefore, a very good chance that mediation will save the parties the cost, stress and emotional turmoil of litigation.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’
39 Essex Chambers, 26th February 2024
Source: www.39essex.com
‘Confidentiality Ring Orders (“CROs”) are an increasingly prevalent feature of complex modern commercial litigation. The judgment of Cockerill J in the “Dieselgate” case of Cavallari (the Group Litigation Order involving claims against Mercedes Benz companies) is likely to be an important contribution to the proper use of CROs.’
Blackstone Chambers, 8th February 2024
Source: www.blackstonechambers.com
‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’
Blackstone Chambers, 9th February 2024
Source: www.blackstonechambers.com
‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’
Francis Taylor Building, 6th February 2024
Source: www.ftbchambers.co.uk
‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’
Hailsham Chambers, 5th February 2024
Source: www.hailshamchambers.com
‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’
Francis Taylor Building, 29th February 2024
Source: www.ftbchambers.co.uk
‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’
Doughty Street Chamber, 22nd February 2024
Source: insights.doughtystreet.co.uk
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