Category: chambers articles

Who Needs to Know? – Devereux Chambers

Posted April 6th, 2022 in chambers articles, disclosure, news by sally

‘When a judge is asked to award an interim payment, should they be told about negotiations to settle? In an article for PI Focus, Rob Hunter and Bethany Sanders of Leigh Day examine what led to the different outcomes in Fryer v London Transport Executive [1982] 11 WLUK 247 Times, December 4, 1982 [1982] C.L.Y and Handyside v Lowery (Newcastle upon Tyne District Registry, 2 April 2015, unreported), and consider whether there are grounds for treating different types of offers differently.’

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Devereux Chambers, 30th March 2022

Source: www.devereuxchambers.co.uk

Class as a protected characteristic? – 12 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, employment, equality, news by sally

‘The social, economic and cultural effects of the pandemic are likely to cast a long shadow into the future, exacerbating existing inequalities and creating new ones. One impact is that social inequality is set to rise. Could social class be protected under the Equality Act 2010, and what would it mean for employees and employers?’

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12 King's Bench Walk, 10th March 2022

Source: www.12kbw.co.uk

Business Rates – Actual Occupation and Preparing Hereditament for Contemplated Use – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, news, rates by sally

‘In determining whether someone with a physical presence on a hereditament is in rateable occupation for the purposes of national non-domestic rating (‘Business Rates’) under section 43(1) of the Local Government Finance Act 1988 (‘LGFA 1988’), it is necessary to determine whether that person satisfies the fourfold test set out in Laing & Sons v Kingswood AC [1949] 1 KB 344 (‘Laing’), at 350.”

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33 Bedford Row, 30th March 2022

Source: www.33bedfordrow.co.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

Posted April 6th, 2022 in chambers articles, children, families, family courts, news, parental responsibility by sally

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk

Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by tracey

‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’

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Ropewalk Clinical Negligence Blog, 16th March 2022

Source: www.ropewalk.co.uk

Financial Remedy Update, March 2022 – Family Law Week

Posted March 8th, 2022 in chambers articles, divorce, family courts, financial provision, news by tracey

‘Rose-Marie Drury and Sue Brookes, Principle Associates at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during February 2022.’

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Family Law Week, 7th March 2022

Source: www.familylawweek.co.uk

Bloombery v ZXC – the Supreme Court decides – Panopticon

Posted February 23rd, 2022 in appeals, chambers articles, criminal justice, freedom of expression, media, news, privacy, reporting restrictions, Supreme Court by sally

‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’

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Panopticon, 21st February 2022

Source: panopticonblog.com

The leasehold reform consultation – Mills & Reeve

Posted February 16th, 2022 in chambers articles, consultations, enfranchisement, government departments, housing, landlord & tenant, leases, news by sally

‘The Department for Levelling Up, Housing and Communities is seeking views on the reform of the residential leasehold and commonhold system in England and Wales.’

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Mills & Reeve, 14th February 2022

Source: www.mills-reeve.com

Greater Sentencing Power for Magistrates – A Solution to the Backlog? – Pump Court Chambers

Posted February 14th, 2022 in budgets, chambers articles, coronavirus, criminal justice, Crown Court, delay, jurisdiction, magistrates, news, sentencing by sally

‘It was confirmed on 18 January 2020 that Magistrates are to have their sentencing powers increased in the coming months, granting them broader power than ever before. The most significant change is that Magistrates’ will be able to impose a sentence of up to 12 months in custody which is double the previous maximum sentence. Effectively, this means that Magistrates will be able to accept jurisdiction for more serious either way offences, such as for Fraud, Theft or Assault, which would have originally been sent to the Crown Court without giving the Defendant the option to elect to remain in the Magistrates’.’

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Pump Court Chambers, 7th February 2022

Source: www.pumpcourtchambers.com

Rattan v Hughes – Case Note – Old Square Chambers

Posted February 11th, 2022 in chambers articles, dentists, duty of care, negligence, news, self-employment, vicarious liability by sally

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

Posted February 11th, 2022 in chambers articles, civil justice, civil procedure rules, criminal justice, disclosure, domestic violence, families, forfeiture, murder, news, police, striking out, unlawful killing by sally

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted February 11th, 2022 in care orders, chambers articles, children, families, family courts, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, February 10th 2022

Source: spirebarristers.co.uk

Punter Southall Governance Services Ltd v Benge [2022] EWHC 193 (Ch) – Wilberforce Chamber

Posted February 11th, 2022 in chambers articles, news, pensions, trusts by sally

‘This decision of Chief Master Shuman concerns the circumstances in which the Court might refuse to bless a decision of pension scheme trustees, with particular reference to the meaning of “necessaries of life”, the conflicted position of member-trustees, and the relevance of disputed matters of fact. It will be important both for those considering the payment of discretionary benefits from pension schemes, including the interrelationship of scheme rules and the authorised payments regime under the Finance Act 2004, as well as more generally in relation to the robust approach the Court should take to beneficiaries seeking to oppose the blessing of trustee decisions.’

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Wilberforce Chambers, 7th February 2022

Source: www.wilberforce.co.uk

The Most Significant Cases of 2021 – Law Pod UK

Posted February 8th, 2022 in chambers articles, news, podcasts by sally

‘In Episode 157, Emma-Louise Fenelon speaks to Jon Metzer about the most significant cases of 2021.’

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Law Pod UK, 7th February 2022

Source: audioboom.com

Identifying and Proving Breach of Duty Relating to Ambulance Response Time – Ropewalk Clinical Negligence Blog

Posted February 7th, 2022 in causation, chambers articles, delay, duty of care, hospitals, news by tracey

‘When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response.

The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of the paramedic is of no real consequence. More important to outcome can be what happens once the paramedic alights from the ambulance and attends to the patient, how long it takes from that point until admission to A&E or the unit to which the patient is taken for necessary specialist care. These latter issues can all have a bearing on the timing, the quality and the nature of care received by the patient.’

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Ropewalk Clinical Negligence Blog , 3rd February 2022

Source: www.ropewalk.co.uk

Causation Strikes Again: Dalchow v St George’s University NHS Foundation Trust – Ropewalk Clinical Negligence Blog

Posted January 28th, 2022 in causation, chambers articles, expert witnesses, medical treatment, negligence, news by tracey

‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’

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Ropewalk Clinical Negligence Blog , 25th January 2022

Source: www.ropewalk.co.uk

Departure from the GMC Sanctions Guidance – Quarterly Medical Law Review

Posted January 28th, 2022 in appeals, assault, chambers articles, disciplinary procedures, doctors, news, professional conduct by tracey

‘General Medical Council v Bramhall [2021] EWHC (2109) (Admin). In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers of multiple patients. In the aftermath of a criminal conviction, the General Medical Council (GMC) sought his erasure from the medical register. The MPT, disagreeing with the GMC over the severity of his actions, preferred a 5-month suspension.’

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Quarterly Medical Law Review , 24th January 2022

Source: 1corqmlr.com

Loss of Chance with Sarah Lambert QC and Dominic Ruck Keene – Law Pod UK

Posted December 1st, 2021 in chambers articles, loss of chance, news, podcasts by sally

‘Emma-Louise Fenelon speaks with Sarah Lambert QC and Dominic Ruck Keene about what practitioners need to know when they encounter loss of chance cases.’

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Law Pod UK, 29th November 2021

Source: audioboom.com

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

Posted November 12th, 2021 in chambers articles, compensation, complaints, cosmetic surgery, damages, expert witnesses, negligence, news, personal injuries by tracey

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

SFO v Petrofac: Plea bargain versus DPAs and the importance of good compliance – 5SAH

Posted November 10th, 2021 in bribery, chambers articles, confiscation, deferred prosecution agreements, fines, imprisonment, news, plea bargaining, sentencing, Serious Fraud Office, suspended sentences by sally

‘On 4 October 2021, Petrofac Limited (“Petrofac”) was sentenced at Southwark Crown Court following guilty pleas to seven counts of failing to prevent bribery contrary to section 7 of the Bribery Act 2010. This followed a four-year corruption and money laundering investigation conducted by the Serious Fraud Office (“the SFO”) and the earlier guilty pleas of David Lufkin, former Global Head of Sales, who was sentenced on the same occasion. This followed pre-charge plea discussions between the parties with agreement being reached as to scope of the indictment and approach to sentencing.’

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5SAH, 19th October 2021

Source: www.5sah.co.uk