‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’
Hailsham Chambers, 16th November 2023
Source: www.hailshamchambers.com
‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:
“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’
Littleton Chambers, 29th November 2023
Source: littletonchambers.com
‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’
Mountford Chambers, 6th November 2023
Source: www.mountfordchambers.com
‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’
Tanfield Chambers, 29th November 2023
Source: www.tanfieldchambers.co.uk
‘Public Law Newsletter November 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 28th November 2023
Source: www.spirebarristers.co.uk
‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’
Tanfield Chambers, 16th November 2023
Source: www.tanfieldchambers.co.uk
‘There are many different reasons why people may not put a will in place. Too busy, too squeamish, thinking their situation is straightforward enough not to need the expense, they don’t have “enough” to matter, or they don’t have any immediate family to benefit so they’re not clear what they want to happen after their deaths.’
Mills & Reeve, 28th November 2023
Source: www.mills-reeve.com
‘Mr Ali had incurred credit hire charges of over £21,500 following an accident in which his car was damaged. The Defendant argued that since Mr Ali’s car did not have a valid MOT, and there was no evidence of any intention to obtain one during the period of the car hire, the claim for credit hire could not succeed on grounds of illegality. The car was parked at the time of the accident.’
Pump Court Chambers, 19th October 2023
Source: www.pumpcourtchambers.com
‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘Protection for individuals who are transgender is conferred by Section 7 of the Equality Act 2010 which makes ‘gender reassignment’ a protected characteristic.’
Parklane Plowden Chambers, 4th October 2023
Source: www.parklaneplowden.co.uk
‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’
33 Bedford Row, 17th October 2023
Source: www.33bedfordrow.co.uk
‘The Serious Crime Bulletin is a quarterly brief providing a snapshot of prominent decisions and news with implications for general crime practitioners.’
Red Lion Chambers, 27th October 2023
Source: redlionchambers.co.uk
‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘The update features the following articles:
– London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC.
– Niamh Wilkie Features in FT Adviser: Navigating Maintenance Order Rules Post-Brexit.
– Mark Smith features in Family Law Journal: Extradition and family proceedings: where does the balance lie?
– Maria Scotland Features in Spear’s: Divorcing In Dubai: Should Wealthy Expats Worry About New UAE Family Laws?’
5SAH, 2nd October 2023
Source: www.5sah.co.uk
‘On 13 October 2023 the Secretary of State for Transport and the Secretary of State for Levelling Up, Housing and Communities granted an application made under s73 Town and Country Planning Act 1990 by London Luton Airport Operations Limited (‘LLAOL’) to amend planning conditions attached to its planning permission. The grant of consent allows LLAOL to fly an additional one million passengers per annum. The decision followed a 6-week inquiry during 2022.’
39 Essex Chambers, 16th October 2023
Source: www.39essex.com
‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:
1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and
2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’
Becket Chambers, 20th October 2023
Source: becket-chambers.co.uk
‘Financial Disputes Resolution [FDR] is the name given to the hearing where the parties attend court to try and agree a settlement. It is a form of alternative dispute resolution in the court building.’
Becket Chambers, 3rd October 2023
Source: becket-chambers.co.uk
‘The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account. The decision in Diag Human v Volterra Fietta will ring alarm bells for litigation funders who might be contemplating launching similar arguments as a consequence of the Supreme Court’s decision in R (on the application of PACCAR) v Competition Appeal Tribunal.’
Gatehouse Chambers, 10th October 2023
Source: gatehouselaw.co.uk
‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’
Gatehouse Chambers, 16th October 2023
Source: gatehouselaw.co.uk
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