Court of Appeal Guidance on Credit for Guilty Plea Indications – 25 Bedford Row

Posted June 24th, 2021 in chambers articles, guilty pleas, news, sentencing by sally

‘This article reviews the Court of Appeal case of R v Plaku [2021] EWCA 568 which provides guidance concerning credit for guilty plea indications.’

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25 Bedford Row, 2nd June 2021

Source: www.25bedfordrow.com

Maya Forstater v CGD Europe and Others – No. 5 Chambers

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

The meaning of the term “associated person”- s.62 (3) of the Family Law Act 1996 – Becket Chambers

‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’

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Becket Chambers, 17th June 2021

Source: becket-chambers.co.uk

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

The role of the surveyor-expert and their evidence in litigation – Falcon Chambers

Posted June 24th, 2021 in chambers articles, evidence, expert witnesses, news, valuation by sally

‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’

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Falcon Chambers, 8th June 2021

Source: www.falcon-chambers.com

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

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Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Drill music as bad character evidence – 6KBW College Hill

‘The past decade has seen the emergence of ‘drill music’ content increasingly used by the prosecution in criminal trials involving young, black, male defendants accused of gang-related offences.’

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6KBW College Hill, 13th June 2021

Source: blog.6kbw.com

Gambling Operating Licences – 11KBW

Posted June 18th, 2021 in appeals, chambers articles, gambling, licensing, news, tribunals by sally

‘In a wide-ranging decision, the First Tier Tribunal has brought clarity to several aspects of regulatory practice associated with gambling operating licences.’

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11KBW, 8th June 2021

Source: www.11kbw.com

New Assault on Emergency Workers Guidelines – Broadway House Chambers

Posted June 18th, 2021 in assault, chambers articles, emergency services, news, sentencing by sally

‘Last week, the Sentencing Council published revised sentencing guidelines for assault offences and new guidance for assaults on Emergency Workers. The updated guidelines come into effect from 1st July 2021 and apply to all adult offenders.’

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Broadway House Chambers, 2nd June 2021

Source: broadwayhouse.co.uk

A Guide to Immigration Subject Access Requests – Richmond Chambers

‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’

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Richmond Chambers, 9th June 2021

Source: immigrationbarrister.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

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St Philips Barristers, 4th June 2021

Source: st-philips.com

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 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, 9th June 2021

Source: spirebarristers.co.uk

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk

Posted June 14th, 2021 in chambers articles, news, nuisance by sally

‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’

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4 King's Bench Walk, 3rd June 2021

Source: www.4kbw.co.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

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Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk