The COVID Inquiry … About Time? – Carmelite Chambers

Posted May 26th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘Facing mounting pressure from a number of critics that his delays in implementing lockdowns [the first being imposed in March 2020] cost thousands of lives, the Prime Minister, Rt Hon Boris Johnson MP, on 12th May 2021 announced plans for a public inquiry into the government’s handling of the Covid pandemic, under the powers of the Inquiries Act 2005. It is due to commence in the Spring of 2022. Its terms of reference will not be announced until closer to its start.’

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Carmelite Chambers, 18th May 2021

Source: www.carmelitechambers.co.uk

Non-party access to court documents – OUT-LAW.com

Posted May 21st, 2021 in chambers articles, courts, documents, news by tracey

‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’

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OUt-LAW.com, 20th May 2021

Source: www.pinsentmasons.com

LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers

‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’

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Radcliffe Chambers, 13th May 2021

Source: radcliffechambers.com

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

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St Philips Barristers, 13th May 2021

Source: st-philips.com

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

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Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

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Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

The new Trade Act 2021 – Brexit Law

Posted May 12th, 2021 in brexit, chambers articles, EC law, genocide, news, public procurement by sally

‘The new Trade Act 2021 has now been passed. It received Royal Assent on 29 April 2021, after a seemingly long time spent passing through the various committee stages in Parliament. Importantly, as regards the UK’s trade remedies, the Act finally establishes the Trade Remedies Authority (TRA) as the entity responsible for investigations and for reaching decisions in this arena, including recommendations that the Secretary of State for International Trade (SoS) impose trade defence measures in individual cases.’

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Brexit Law, 11th May 2021

Source: brexit.law

UK company law change could make section 172 fit for purpose – OUT-LAW.com

‘A relatively small change to section 172 of the UK’s Companies Act 2006 could have a transformative impact on company law, directors’ duties, corporate governance, businesses and, ultimately, the economy, society, and the environment.’

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OUT-LAW.com, 20th April 2021

Source: www.pinsentmasons.com

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden

Posted April 16th, 2021 in cancer, chambers articles, damages, deceit, doctors, negligence, news by sally

‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’

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Parklane Plowden, 1st April 2021

Source: www.parklaneplowden.co.uk

Alerter: The EU-UK Trade & Cooperation Agreement: what does it mean for consumer protection & product liability? – Henderson Chambers

Posted April 16th, 2021 in brexit, chambers articles, consumer protection, news, sale of goods by sally

‘After months of negotiation, the EU-UK Trade and Cooperation Agreement (“TCA”), agreed in principle on 24 December 2020, is to govern trade and services between the UK and EU from 1 January 2021. Whilst the predominant focus is on the continued absence of tariffs or quotas on goods traded between the UK and EU provided those goods meet the rules of origin, for many other key areas it is a framework for more substantial future agreements. In this alerter, we explore the key features of the TCA in relation to product liability and consumer protection.’

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Henderson Chambers, 31st March 2021

Source: www.hendersonchambers.co.uk

Proving The Driver Isn’t Always At Fault – Old Square Chambers

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

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Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

High Court dismisses allegations over administrators’ conduct – OUT-LAW.com

Posted April 16th, 2021 in administrators, chambers articles, insolvency, liquidators, news by tracey

‘The High Court of England and Wales has dismissed a claim brought by the liquidators of One Blackfriars Limited against its former joint administrators over the sale of the company’s main asset, a development site in Blackfriars, London.’

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OUT-LAW.com, 15th April 2021

Source: www.pinsentmasons.com

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters

‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’

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Cloisters, 26th March 2021

Source: www.cloisters.com

Rare public judgment on s.24 application for removal of arbitrator – Littleton Chambers

Posted April 14th, 2021 in arbitration, bias, chambers articles, news, recusal, Saudi Arabia, sport by sally

‘The Commercial Court (HHJ Pelling QC) recently handed down judgment in the case of Newcastle United Football Company Limited v (1) The Football Association Premier League Limited (2) Michael Beloff QC (3) Lord Neuberger (4) Lord Dyson [2021] EWHC 349 (Comm).’

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Littleton Chambers, 16th March 2021

Source: littletonchambers.com

Covid-19 related absence dismissal was not automatically unfair – St Philips Barristers

‘The Leeds Employment Tribunal has recently determined one of the first dismissals arising out of the coronavirus pandemic in Rogers v Leeds Laser Cuttings Ltd [2021] No. 1803829/2020, writes Jonathan Gidney.’

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St Philips Chambers, 25th March 2021

Source: st-philips.com

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation.[1] There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

“Lost years claims”: a rare re-opening following determination on damages – 3PB

‘This was a Court of Appeal decision following a hearing in December 2020. The parties to the Claim were the estate of the late Appellant, Michael Head and his former employer the Culver Heating Company Limited as Respondent.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk