BNE [2023]: Disclosure and the use of child decoy profiles in sexual communication cases – Park Square Barristers

‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’

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Park Square Barristers, 31st October 2023

Source: www.parksquarebarristers.co.uk

Vicarious Liability – where are we now? – Gatehouse Chambers

Posted November 21st, 2023 in causation, chambers articles, news, sexual grooming, vicarious liability by sally

‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Transforming Work-Life Balance: The U.K. Flexible Working Bill Achieves Royal Assent – Park Square Barristers

Posted November 21st, 2023 in bills, chambers articles, flexible working, news by sally

‘As of 1st October 2023, there is a seismic shift in the U.K.’s employment landscape. Thanks to the Employment Relations (Flexible Working) Bill receiving Royal Assent, British workers are set to gain even more control over their working conditions, thereby dramatically improving work-life balance.’

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Park Square Barrister, 3rd October 2023

Source: www.parksquarebarristers.co.uk

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

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Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Sentencing non-fatal strangulation and suffocation – R v Cook and recent updates from the Court of Appeal – Park Square Barristers

‘Introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and enshrined in law by s75A of the Serious Crime Act 2015, the offences of non-fatal suffocation and strangulation are increasingly being charged alongside other more common offences against the person as well as offences such as controlling and coercive behaviour.’

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Park Square Barristers, 10th October 2023

Source: www.parksquarebarristers.co.uk

Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers

Posted November 16th, 2023 in chambers articles, estoppel, housing, landlord & tenant, leases, news by sally

‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’

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Park Square Barristers, 11th October 2023

Source: www.parksquarebarristers.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

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Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

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Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

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Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

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Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

A Change of Climate for Trustee Investment Duties? – Pensions Barrister

Posted November 16th, 2023 in chambers articles, climate change, environmental protection, news, pensions by sally

‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’

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Pensions Barrister, 16th November 2023

Source: www.pensionsbarrister.com

Good practices in probate litigation – Bowser v Smith [2023] EWCA Civ 923 – New Square Chambers

Posted November 16th, 2023 in appeals, chambers articles, news, probate by sally

‘In this article, JJ Liew examines the case of Bowser v Smith, with a focus on the Court of Appeal’s discussion of the conduct expected of the parties in the handling of contentious probate litigation.’

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New Square Chambers, 3rd October 2023

Source: www.newsquarechambers.co.uk

The HCPC’s New Standards – Mountford Chambers

Posted November 16th, 2023 in chambers articles, codes of practice, health, news, ombudsmen by sally

‘Anthony James looks at the Health and Care Professions Council’s new standards of proficiency for each of the 15 professions it regulates, which came into force on 1 September 2023.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Failure to Prevent Fraud – Being a Friend of Business – Guildhall Chambers

Posted November 15th, 2023 in chambers articles, company law, fraud, money laundering, news, Russia, Ukraine by sally

‘The Economic Crime and Corporate Transparency Bill received Royal Assent on 26 October 2023. An initial Economic Crime (Transparency and Enforcement) Act 2022 was passed at speed in the wake of the invasion of Ukraine to deter Russian oligarchs from laundering money in the London property market. This 2023 Act follows on as part of a welcome Parliamentary focus on how economic crime can impact the international reputation and stability of the UK as well as its cost to the Exchequer.’

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Guildhall Chambers, 31st October 2023

Source: www.guildhallchambers.co.uk

Diag Human v Volterra Fietta – Hailsham Chambers

Posted November 15th, 2023 in appeals, arbitration, chambers articles, fees, news by sally

‘The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta. In this note, Jamie Carpenter KC, Counsel for the successful Respondents, analyses the decision and its implications for litigation funding agreements in light of PACCAR.’

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Hailsham Chambers, 4th October 2023

Source: www.hailshamchambers.com

Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers

Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally

‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’

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Guildhall Chambers, 24th October 2023

Source: www.guildhallchambers.co.uk

Reassurances, Assurances or Uncertainties? – Hailsham Chambers

Posted November 15th, 2023 in appeals, chambers articles, insurance, jurisdiction, news by sally

‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’

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Hailsham Chambers, 5th October 2023

Source: www.hailshamchambers.com

Hiring employees in the United Kingdom – Employment Law Blog

Posted November 15th, 2023 in chambers articles, employment, news by sally

‘Hiring employees is a time consuming and, often, more complex issue than one may initially think, whether you are a new business setting up in the UK and hiring employees for the first time, or transferring employees from an overseas office into an existing UK branch.’

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Employment Law Blog, 14th November 2023

Source: www.kingsleynapley.co.uk