Environmental Law News Update – Six Pump Court

‘In this latest environmental law news update Charles Morgan and Christopher Badger consider environmental promises in this week’s budget, effects on the environment from the coronavirus and a new report that says net zero by 2050 is possible.’

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Six Pump Court, 12th March 2020

Source: www.6pumpcourt.co.uk

Will my hearing go ahead? Civil Procedure, Human Rights and the Coronavirus – Blackstone Chambers

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Will construction—failure of trust (Jeffreys and others v Scruton and others) – Wilberforce Chambers

Posted March 17th, 2020 in chambers articles, news, trusts, wills by sally

‘The Will established a discretionary trust for the testatrix’s issue with a standard power to add any person as an additional beneficiary during the 80-year trust period and wide powers to appoint and apply capital and income. It directed that ‘in default of and subject to any exercise of’ those powers, the trustees should hold the trust fund (i) on expiry of the trust period for her issue (if any) then living and (ii) ‘if at any time the trusts declared by the foregoing provisions fail’ on trust for her nephews and nieces absolutely (subject to attaining age 18 or previously marrying). The testatrix had one child, who predeceased her. The question raised by the trustees was whether the power to add a beneficiary remained exercisable, or whether the trust fund was held exclusively for the nephews and nieces. The court held that upon the testatrix’s death the discretionary trusts had failed—that the power to add was not exercisable—and that the trust fund was accordingly held on trust for the class of nephews and nieces entitled under Clause 5(c)(iii) of the Will.’

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Wilberforce Chambers, 12th March 2020

Source: www.wilberforce.co.uk

Case highlights need for certainty in out of hours administration appointments – OUT-LAW.com

‘The High Court ruled that it is not permissible for a notice of appointment of administrators by the directors of a company to be e-filed out of court hours. The court ruled that the defect was curable and that the appointment took effect at the time the court opened for business the next working day. This judgment adds to the growing number of conflicting cases about the validity and time of the appointment when notices are e-filed out of hours.

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OUT-LAW.com, 6th March 2020

Source: www.pinsentmasons.com

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

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5 SAH, 26th February 2020

Source: www.5sah.co.uk

Private Family Law: Children Summary of Recent Case Law – October to December 2019 – Becket Chambers

Posted March 2nd, 2020 in chambers articles, children, families, news by sally

‘This was a public law case which may have relevance in private law proceedings.’

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Becket Chambers, 21st February 2020

Source: becket-chambers.co.uk

The expansion of a director duty to act in the interests of the company – Hardwicke Chambers

Posted February 26th, 2020 in chambers articles, company directors, news, shareholders by sally

‘A director’s duty to act in good faith in the interests of the company is the cornerstone of a director’s position. This long standing obligation was revamped in the Companies Act 2006 with the introduction of a new requirement that directors should have regard to a package of concerns reflecting what has been described as “enlightened shareholder value”. Following the enactment of section 172 of the Companies Act 2006, when determining what is in the interests of the company, directors are required to look beyond the pursuit of profit and consider various factors and third parties stakeholders who could be affected by the decision.’

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Hardwicke Chambers, 24th February 2020

Source: hardwicke.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Roundheads and Cavaliers – Ropewalk Chambers

‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’

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Ropewalk Chambers, February 2020

Source: www.ropewalk.co.uk

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

‘Full of sound and fury, Signifying nothing’? – 6KBW College Hill

Posted February 26th, 2020 in appeals, chambers articles, news, rule of law by sally

‘It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]. The public policy grounds for this are obvious; justifying conduct breaching a court order on the basis that the defendant took the view, rightly or wrongly, that the order was invalid would undermine the central principle of legal certainty. Therefore, the correct time to mount such a challenge was before any conduct had taken place that breached the order. This has, of course, the effect of holding individuals liable for breaches of orders that should never have existed in the first place.’

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6KBW College Hill, 20th February 2020

Source: blog.6kbw.com

The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH

‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’

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5 SAH, 25th February 2020

Source: www.5sah.co.uk

British citizen children and entry clearance – Richmond Chambers

Posted February 26th, 2020 in chambers articles, children, citizenship, deportation, immigration, news by sally

‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’

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Richmond Chambers, 21st February 2020

Source: immigrationbarrister.co.uk

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers

Posted February 26th, 2020 in chambers articles, housing, landlord & tenant, news, rent, repossession by sally

‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’

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St Ives Chambers, 20th February 2020

Source: www.stiveschambers.co.uk

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk