‘In this article Cressida Mawdesley-Thomas considers the judgment of HHJ Lickley KC in Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB). Ness was a successful fatal mesothelioma claim.’
Asbestos Law, 5th September 2023
Source: asbestoslawblog.uk
‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’
3PB, 4th September 2023
Source: www.3pb.co.uk
‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’
5SAH, 27th September 2023
Source: www.5sah.co.uk
‘4 New Square Chambers’ Carola Binney explores the developing use of estoppel in the successful pursuit of claims against insurers.’
4 New Square, 28th September 2023
Source: www.4newsquare.com
‘On a share sale breach of warranty claim, will the court allow matters post-sale to influence quantum?’
Littleton Chambers, 8th September 2023
Source: littletonchambers.com
‘The last two years has brought a myriad of changes to the proportion of a custodial sentence that offenders will actually have to serve. Many factors are beyond the control of judges or counsel, and many of the changes have been made without fanfare. Some of the changes are welcome news. The fact that time on remand for youths sentenced to Detention and Training Orders (“DTO’s”) now actually counts towards the detention period seems like a long overdue victory for fairness and common sense. Others have inevitably contributed to the escalating prison population. Alexandra Scott gives an overview of the regime as currently stands.’
Mountford Chambers, 8th September 2023
Source: www.mountfordchambers.com
‘Legislation due to come into force next year establishes a new legal framework for discussions about unpredictable working patterns.’
Mills & Reeve, 28th September 2023
Source: www.mills-reeve.com
‘A Powers of Attorney Bill, which will enable lasting powers of attorney (LPAs) to be applied for digitally, has passed through parliament successfully and received Royal Assent.’
Mills & Reeve, 29th September 2023
Source: www.mills-reeve.com
‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’
Mills & Reeve, 26th September 2023
Source: www.mills-reeve.com
‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’
Mills & Reeve, 19th September 2023
Source: www.mills-reeve.com
‘Our September 2023 Mental Capacity Report is now out, which we think is our largest ever, thanks to judicial hyperactivity over what is usually the (relatively) quiet summer period.’
Mental Capacity Law and Policy, 6th September 2023
‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’
Parklane Plowden Chambers, 14th July 2023
Source: www.parklaneplowden.co.uk
‘Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time.’
Gatehouse Chambers, 7th July 2023
Source: gatehouselaw.co.uk
‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’
Gatehouse Chambers, 17th July 2023
Source: gatehouselaw.co.uk
‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’
4 New Square, 26th July 2023
Source: www.4newsquare.com
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