Category: chambers articles

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

Posted July 29th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, postal service, race discrimination by sally

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

Beyond Visual Line of Sight (BVLOS) Drone use is coming. What should Insurers be Doing? – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, aircraft, chambers articles, insurance, news by sally

‘Articles that set out to consider the hidden costs of new technology often seek to catch the eye by starting with a vivid description of a recent near-miss. Nothing is as effective an antidote to entrepreneurial optimism as hard evidence of a disaster narrowly avoided.’

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12 King's Bench Walk, 27th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

Posted July 29th, 2021 in accidents, appeals, chambers articles, damages, news, personal injuries, psychiatric damage by sally

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

To order or not to order compulsory ADR: there is no question – 3PB

Posted July 29th, 2021 in chambers articles, civil justice, dispute resolution, news by sally

‘Earlier this month the Civil Justice Council published a report entitled “Compulsory ADR” (“the Report”).’

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3PB, 22nd July 2021

Source: www.3pb.co.uk

The Sewell Report and the Meaning of Institutional Racism – No. 5 Chambers

Posted July 29th, 2021 in chambers articles, equality, news, race discrimination, racism by sally

‘Oliver Lawrence, a barrister at No5 examines the approach taken by the Sewell report to the concept of institutional racism. Drawing on the MacPherson definition, he explores the meaning of the term and the ambiguities within it in order to clarify the findings of the report and the controversy it created. Using the Equality Act 2010 definitions of direct and indirect discrimination, he explains how the Sewell report uses the term to refer to discriminatory reasons whereas many of its critics use the term to refer to discriminatory outcomes. He concludes that without a clear and unambiguous definition of institutional racism, there will inevitably be widespread disagreement about the extent of the problem.’

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No. 5 Chambers, 13th July 2021

Source: www.no5.com

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

Posted July 29th, 2021 in appeals, bias, chambers articles, Commercial Court, confidentiality, disciplinary procedures, disclosure, jurisdiction, news, sport by sally

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

But the Assets are Already Frozen! Where Civil Freezing Orders and Criminal Restraint Orders Collide – Gatehouse Chambers

Posted July 29th, 2021 in administrators, appeals, assets recovery, chambers articles, injunctions, news, proceeds of crime, Serious Fraud Office by sally

‘The Claimants were two companies and their respective administrators, who alleged in the main proceedings that substantial sums had misappropriated, by or for the benefit of the Defendants, or otherwise in circumstances giving rise to liability on the part of the Defendants.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

Posted July 29th, 2021 in appeals, benefits, chambers articles, children, government departments, news, Supreme Court by sally

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

The rise of ‘fire and rehire’ strategies in retail – Parklane Plowden Chambers

Posted July 29th, 2021 in chambers articles, company law, coronavirus, employment, news by sally

‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’

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Parklane Plowden Chambers, 21st July 2021

Source: www.parklaneplowden.co.uk

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

Posted July 29th, 2021 in appeals, chambers articles, construction industry, contracts, damages, news, Supreme Court by sally

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

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Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

Posted July 29th, 2021 in appeals, autism, chambers articles, children, damages, doctors, duty of care, negligence, news, pregnancy, Supreme Court by sally

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

Posted July 29th, 2021 in chambers articles, children, families, government departments, immigration, news, proportionality by sally

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

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Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

Posted July 29th, 2021 in appeals, chambers articles, covenants, injunctions, limitations, news, restraint of trade, solicitors, Supreme Court, undertakings by sally

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com

Assessing Beneficial Ownership Under POCA. Is the Crown Court the Appropriate Forum? by Stephen Wood QC – Broadway House Chambers

Posted July 29th, 2021 in chambers articles, courts, Crown Court, news, proceeds of crime by sally

‘Practitioners will be, by now, familiar with the provisions of section 10A POCA, which permits a Court to make a conclusive determination of the extent of a Defendant’s interest, where a third party may hold an interest in the property under consideration.’

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Broadway House Chambers, 13th July 2021

Source: broadwayhouse.co.uk

Nationality and Borders Bill: risking Britain’s reputation? – 5SAH

Posted July 28th, 2021 in asylum, bills, chambers articles, conflict of interest, fines, government departments, immigration, legal representation, news, refugees, solicitors by sally

‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’

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5SAH, 22nd July 2021

Source: www.5sah.co.uk

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

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Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com

E-money and online payment institutions: when it all goes wrong – Radcliffe Chambers

Posted July 28th, 2021 in administrators, banking, chambers articles, computer programs, financial regulation, insolvency, news by sally

‘The 2007-2008 financial crisis and the devastating reminder that banks were not immune from failure, brought about a raft of regulatory changes designed to protect customers and the wider economy. These included, if all else failed, bespoke administration procedures for banks, building societies and investment banks contained within the Banking Act 2009 (“BA 2009”).’

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Radcliffe Chambers, 22nd July 2021

Source: radcliffechambers.com

When complaints must be referred to the Independent Office of Police Conduct – UK Police Law Blog

Posted July 27th, 2021 in bias, chambers articles, complaints, news, ombudsmen, police, professional conduct by sally

‘In R (Rose) v Chief Constable of Greater Manchester Police [2021] EWHC 875 (Admin), a businessman successfully challenged a decision not to refer his complaint to the Independent Office of Police Conduct (IOPC) under the mandatory referral criteria. The High Court concluded that the chief constable had failed to review the conduct alleged and consider whether, if substantiated, it would constitute serious corruption as defined in the (then) Independent Complaints Commission (IPCC) Statutory Guidance on the handling of complaints. Instead, he had performed an assessment of the merits which had rendered the decision not to refer the complaint unlawful. The case makes clear that complaints engaging the mandatory criteria, especially that of “serious corruption”, must be referred to the IOPC.’

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UK Police Law Blog, 26th July 2021

Source: ukpolicelawblog.com

Court of Protection Newsletter – Spire Barristers

Posted July 27th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 13th July 2021

Source: spirebarristers.co.uk

Defensive Advising Strategies 2: Know Your Client – Wilberforce Chambers

Posted July 27th, 2021 in barristers, chambers articles, codes of practice, conflict of interest, financial dispute resolution, legal profession, legal services, money laundering, news, solicitors by sally

‘With a history in the world of financial services regulation, “know your customer/client” or “KYC” is a cornerstone of professional practice. What does it mean for legal professionals? In this instalment of my series on defensive advising strategies, I consider three aspects of KYC which are particularly relevant to lawyers, with an emphasis on the interface between solicitors and other professionals and the barristers they instruct. This perspective is based on my own experience as a practitioner and raises issues which crop up relatively frequently.’

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Wilberforce Chambers, 22nd July 2021

Source: www.wilberforce.co.uk