Category: chambers articles

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

Posted February 19th, 2020 in appeals, case management, chambers articles, employment, employment tribunals, fitness to plead, litigants in person, news by sally

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

Full Story

3PB, 7th February 2020

Source: www.3pb.co.uk

Ethical veganism: a philosophical belief – 3PB

Posted February 19th, 2020 in chambers articles, employment, employment tribunals, equality, news, pensions, unfair dismissal, veganism by sally

‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’

Full Story

3PB, 7th February 2020

Source: www.3pb.co.uk

Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers

Posted February 19th, 2020 in appeals, chambers articles, housing, human rights, news, nuisance, privacy by sally

‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’

Full Story

Falcon Chambers, February 2020

Source: www.falcon-chambers.com

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

Posted February 19th, 2020 in autism, bereavement, cancer, carers, chambers articles, children, compensation, employment, executors, fostering, industrial injuries, news by sally

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

Full Story

12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

Posted February 19th, 2020 in chambers articles, children, coercive & controlling behaviour, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

Full Story

Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

Posted February 19th, 2020 in appeals, case management, chambers articles, civil procedure rules, costs, news, practice directions, solicitors by sally

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

Full Story

Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Planning Appeal Decision: Top 5 Lessons – No. 5 Chambers

Posted February 19th, 2020 in appeals, chambers articles, local government, news, planning by sally

‘The statistics are against allowed appeals at the moment. Positive decisions from PINS on housing appeals are down. Appeals are failing in particular on heritage related matters. It is therefore critical in my view to neutralise as many issues as early as possible. And to be clear about the real focus from the outset. This appeal had ‘a full house’ when it came to an array of concerns, and some were heard through a round-table forum, making it hard to test assertions, particularly from members of the public.’

Full Story

No. 5 Chambers, 17th February 2020

Source: www.no5.com

EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers

Posted February 19th, 2020 in appeals, chambers articles, complaints, disciplinary procedures, employment, employment tribunals, harassment, local government, news, police, professional conduct, unfair dismissal by sally

‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’

Full Story

Old Square Chambers, 17th February 2020

Source: www.oldsquare.co.uk

The Second Appeals Test in Immigration Law – Richmond Chambers

Posted February 19th, 2020 in appeals, chambers articles, civil procedure rules, immigration, judicial review, news, tribunals by sally

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

Full Story

Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

Posted February 19th, 2020 in appeals, chambers articles, children, consent, domestic violence, families, family courts, news, rape, sexual offences by sally

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

Full Story

Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers

Posted February 19th, 2020 in birth, chambers articles, compensation, expert witnesses, hospitals, negligence, news, personal injuries, witnesses by sally

‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’

Full Story

Hailsham Chambers, 13th February 2020

Source: www.hailshamchambers.com

Employment Update – Spring 2020 – Ely Chambers

Posted February 19th, 2020 in chambers articles, employment, harassment, news, non-disclosure agreements, privacy, sexual offences, transfer of undertakings, whistleblowers by sally

‘The latest from our Employment team.’

Full Story

Ely Place, February 2020

Source: elyplace.com

Residence requirements for Partners – Richmond Chambers

Posted February 19th, 2020 in chambers articles, citizenship, families, immigration, news, visas by sally

‘Unlike most visa routes, partner visas do not have any specific residence requirements or prescribed limits on the number of days of absences from the UK.’

Full Story

Richmond Chambers, 18th February 2020

Source: immigrationbarrister.co.uk

Revised pre-action protocols – St Ives Chambers

Posted February 17th, 2020 in chambers articles, housing, landlord & tenant, news, pre-action conduct, repairs by sally

‘Two important protocols have been revised that apply to social housing providers with effect from 13 January 2020.’

Full Story

St Ives Chambers, 4th February 2020

Source: www.stiveschambers.co.uk

Actual Use, Lawful Use and Ancillary Use – when designating Assets of Community Value – Exchange Chambers

Posted February 17th, 2020 in agriculture, appeals, assets of community value, chambers articles, local government, news, planning by sally

‘Towards the end of last year, the General Regulatory Chamber of the First-Tier Tribunal (‘FTT’) determined an appeal by the owner of a 46-acre greenfield site against the decision of the local authority, Winchester City Council, to list the land as an Asset of Community Value (‘ACV’).’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

Posted February 17th, 2020 in chambers articles, conflict of interest, dispute resolution, divorce, families, family courts, financial provision, news by sally

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

Full Story

St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers

Posted February 17th, 2020 in appeals, chambers articles, environmental protection, interpretation, local government, news, planning, Supreme Court by sally

‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers

Posted February 17th, 2020 in chambers articles, change of use, housing, landlord & tenant, local government, news, planning, restrictive covenants, tribunals by sally

‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers

Posted February 17th, 2020 in advertising, appeals, chambers articles, local government, news, planning, telecommunications by sally

‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Beauty, Trees and Zoning – Exchange Chambers

Posted February 14th, 2020 in brexit, chambers articles, climate change, environmental protection, housing, local government, news, planning by sally

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

Full Story

Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk