chambers articles – Page 29 – Current Awareness

Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers

Posted November 8th, 2023 in chambers articles, civil procedure rules, costs, news, probate by sally

‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’

Wilberforce Chambers, 30th October 2023

Source: www.wilberforce.co.uk

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

Posted October 19th, 2023 in chambers articles, employment tribunals, foreign jurisdictions, news, transfer of undertakings by sally

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

3PB, 1st September 2023

Source: www.3pb.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

Posted October 19th, 2023 in appeals, chambers articles, doctors, medical treatment, news, professional conduct, Supreme Court by sally

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Applicability of Section 33 Limitation Act 1980 to claims brought pursuant to the Fatal Accidents Act 1976 – Old Square Chambers

Posted October 19th, 2023 in cancer, chambers articles, limitations, news, personal injuries by sally

‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’

Old Square Chambers, 25th September 2023

Source: oldsquare.co.uk

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

Drystone Chambers, 12th September 2023

Source: www.drystone.com

“Wrong place at the wrong time” – but when is “mere presence “ enough? – Mountford Chambers

Posted October 19th, 2023 in assisting offenders, chambers articles, criminal responsibility, news by sally

‘The net for potential accessories present at the scene of a crime is cast far wider than is often first appreciated. That is particularly so where a permissible inference of encouragement applies.’

Mountford Chambers, 21st September 2023

Source: www.mountfordchambers.com

Contemnor required to attend an in person hearing for cross examination (Deutsche Bank AG v Sebastian Holdings Inc and another) – Gatehouse Chambers

Posted October 19th, 2023 in chambers articles, contempt of court, cross-examination, news, remote hearings by sally

‘Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. His request to attend the hearing remotely by video link from Connecticut was refused.’

Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

Posted October 19th, 2023 in building law, chambers articles, contribution, costs, health & safety, news, repairs, tribunals by sally

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

Default judgment granted in part in long-running hacking and fraud claim (Ras Al Khaimah Investment Authority v Azima and others) – Gatehouse Chambers

Posted October 19th, 2023 in chambers articles, computer crime, default judgments, fraud, news by sally

‘Dispute Resolution analysis: The High Court has granted default judgment on part of a counterclaim against the Ras Al Khaimah Investment Authority in a long-running set of proceedings, following the decision by the Investment Authority to take no further part in the proceedings. However, following submissions made by Additional Defendants in the proceedings, another part of the counterclaim will proceed to trial in 2024.’

Gatehouse Chambers, 4th September 2023

Source: gatehouselaw.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

R v Clark [2023] EWCA Crim 309: a mere administrative error or an invalid committal? – Guildhall Chambers

Posted October 19th, 2023 in assault, chambers articles, committals, criminal procedure, magistrates, news by sally

‘This case found its way to the Court of Appeal by way of an appeal against sentence. Before considering that sentence, the Court had to resolve a question raised by the Registrar of Criminal Appeals about the lawfulness of the sentence passed in the Crown Court because of procedural errors at the first hearing in the magistrates’ court.’

Guildhall Chambers, 8th September 2023

Source: www.guildhallchambers.co.uk

Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers

Posted October 19th, 2023 in chambers articles, estoppel, families, financial provision, joinder, news, third parties by sally

‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’

Park Square Barristers, 26th September 2023

Source: www.parksquarebarristers.co.uk

Wearing the right hat: the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly – Tanfield Chambers

Posted October 19th, 2023 in chambers articles, landlord & tenant, leases, news, pleadings, receivers, repairs by sally

‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’

Tanfield Chambers, 28th September 2023

Source: www.tanfieldchambers.co.uk

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

Posted October 17th, 2023 in asylum, bills, chambers articles, immigration, ministers' powers and duties, news, refugees by sally

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

Posted October 17th, 2023 in birth, chambers articles, committals, consent, Court of Protection, disabled persons, domicile, medical treatment, news by sally

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

Posted October 10th, 2023 in chambers articles, education, negligence, news, school children, sexual grooming, vicarious liability, volunteers by sally

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

3PB, 5th September 2023

Source: www.3pb.co.uk

Applications for Non-Molestation Orders: What to Expect – Becket Chambers

Posted October 10th, 2023 in chambers articles, litigants in person, news, non-molestation orders by sally

‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’

Becket Chambers, 1st September 2023

Source: becket-chambers.co.uk

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