‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’
Guildhall Chambers, 25th September 2023
Source: www.guildhallchambers.co.uk
‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’
Mountford Chambers, 8th September 2023
Source: www.mountfordchambers.com
‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’
Park Square Barristers, 14th September 2023
Source: www.parksquarebarristers.co.uk
‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’
Tanfield Chambers, 15th September 2023
Source: www.tanfieldchambers.co.uk
‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’
Tanfield Chambers, 14th September 2023
Source: www.tanfieldchambers.co.uk
‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’
Garden Court Chambers, 19th September 2023
Source: www.gardencourtchambers.co.uk
‘An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the total pot of compensation they will get at the end of their Personal Injury (“PI”) claim. They are generally obtained in complex PI/clinical negligence claims involving substantial damages and sometimes an as yet uncertain prognosis.’
Pump Court Chambers, 15th September 2023
Source: www.pumpcourtchambers.com
‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’
Wilberforce Chambers, 25th September 2023
Source: www.wilberforce.co.uk
“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”
Kingsley Napley, 5th October 2023
Source: www.kingsleynapley.co.uk
‘In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan).’
Garden Court Chambers, 15th September 2023
Source: www.gardencourtchambers.co.uk
‘Keeley Lengthorn of Taylor Rose MW speaks to host Imogen Robins about her awe inspiring campaign for statutory leave for baby loss under 24 weeks of pregnancy. Keeley talks frankly about her own experiences which led her to be a campaigner, and listeners should be trigger-warned in relation to baby loss. This is not family law, but it is law affecting families and Keeley’s honesty and tenacity makes this a must-listen.’
Pump Court Chambers, 1st September 2023
Source: www.pumpcourtchambers.com
‘Organised Crime poses an increasing problem around the world. Endangering the economic well-being of countries, it can pose national security threats and affect vulnerable communities. Anisha Kiri tracks recent developments.’
Mountford Chambers, 8th September 2023
Source: www.mountfordchambers.com
‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’
Pump Court Chambers, 11th September 2023
Source: www.pumpcourtchambers.com
‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’
Tanfield Chambers, 11th September 2023
Source: www.tanfieldchambers.co.uk
‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’
St John's Chambers, 5th September 2023
Source: www.stjohnschambers.co.uk
‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’
Richmond Chambers, 7th September 2023
Source: immigrationbarrister.co.uk
‘Access to representation in the inquest process in relation to costs recoverability presently hangs in the balance as the final government proposals following the July MoJ consultation on Fixed Recoverable Costs (FRC) are awaited. Amongst other issues, the recoverability of inquest costs in Fatal Accident Act cases is part of the FRC consultation.’
Parklane Plowden Chambers, 27th September 2023
Source: www.parklaneplowden.co.uk
‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’
Wilberforce Chambers, September 2023
Source: www.wilberforce.co.uk
‘It is over 17 years since I first ran a defence based on parasomnias. The circumstances of the offence were that in the early hours a 28-year-old man, whilst staying over at a friend’s house, had left the living room where he was sleeping, walked down the short hallway to his friend’s 15-year-old stepdaughter’s room and got into bed with her (he had slept in her room the night before) and touched her on her breasts. Two experts later (a sleep disorder expert and a neurologist) and I had evidence supportive of his case that what he had done had been in a state of sleep. I ran a defence of non-insane automatism based on somnambulism (sleepwalking) and sexsomnia (sexual activity in sleep). The jury acquitted. 6 years later I represented the same man charged with attempted murder. He had left his house, walked the short distance to his friend’s house, entered by an unlocked side door, went into her bedroom, got on her top of her and then put an axe to her head. Same experts, same defence, save that in this case the judge determined the appropriate defence was insanity and not non-insane automatism. The jury rejected insanity and the defendant was convicted.’
Drystone Chambers, 19th September 2023
Source: www.drystone.com
‘The last dozen or so years have seen a number of revisions to arbitration legislation around the world. For instance, 2010 saw new or revised legislation in the Republic of Ireland and Scotland. In that context the review of the Arbitration Act 1996 (UK) (‘Act’) applicable in England, Wales and Northern Ireland, which started in 2021 was apt and necessary. The United Kingdom’s Law Commission has recently concluded that exercise. The Law Commission looked at whether the legislation is fit for purposes and reflected international best practice. In the round, the suggested changes, which still have to be given legislative effect, is a ‘tune up’, rather than a major revision, of an Act which has in the near 30 years since it was last amended shown itself to be robustly effective. The world (including the practice of domestic and international arbitration) has changed significantly since the mid-1990s and the suggested amendments can be seen as practical steps to consolidate the effectiveness of the Act.’
4-5 Gray's Inn Square, September 2023
Source: www.4-5.co.uk
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