‘James Fletcher & John McNamara discuss the importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court.’
5SAH, 31st July 2023
Source: www.5sah.co.uk
‘The Financial Services and Markets Act 2023 (FSMA 2023) has recently come into force, having received Royal Assent on 29 June 2023. It’s a significant piece of legislation which will introduce some fundamental changes to UK’s post-Brexit and regulatory landscape.’
Mills & Reeve, 24th August 2023
Source: www.mills-reeve.com
‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’
Pump Court Chambers, 27th July 2023
Source: www.pumpcourtchambers.com
‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’
Doughty Street Chambers, 7th July 2023
Source: insights.doughtystreet.co.uk
‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’
Cloisters, July 2023
Source: www.cloisters.com
‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’
Falcon Chambers, 1st August 2023
Source: www.falcon-chambers.com
‘Surprisingly, the latest development in solicitor-client costs disputes has not come from the domestic courts, but from the European Court of Justice (ECJ). It has the potential to open up a new line of attack in Solicitors Act detailed assessments if the courts decide to apply it.’
Hailsham Chambers, 3rd July 2023
Source: www.hailshamchambers.com
‘The demand for young people receiving gender identity development services (“GIDS”) and for adults receiving gender identity disorder services (also, helpfully, “GIDS”) has increased substantially from 2012 to 2017, and the NHS is struggling to meet this demand. In May 2022, young people seen for the first time following a children’s GIDS referral waited on average for 1066 days (i.e. nearly three years), see [32]. The reality is that many trans patients feel forced to have treatment privately, often resorting to “crowdfunding” to cover their private medical expenses. For many young trans people, such long waiting times for treatment have a significant detrimental impact on their mental health and in the process, many undergo irreversible physiological changes.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’
Parklane Plowden Chambers, 16th July 2023
Source: www.parklaneplowden.co.uk
‘Receiving a private parking charge, usually referred to by the issuing company as a Parking Charge Notice (PCN) is now a part of life for motorists. Supermarkets, retail parks, and even many seemingly public parking areas are now subject to a regime that is not “public” at all because private companies are employed to enforce the conditions of parking on private land in distinction from their public counterparts.’
Doughty Street Chambers, 26th July 2023
Source: insights.doughtystreet.co.uk
‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’
Falcon Chambers, 19th July 2023
Source: www.falcon-chambers.com
‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’
Henderson Chambers, 27th July 2023
Source: www.hendersonchambers.co.uk
‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’
Ropewalk Chambers, 28th July 2023
Source: ropewalk.co.uk
‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’
4-5 Gray's Inn Square, 27th July 2023
Source: www.4-5.co.uk
‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’
Tanfield Chambers, 20th July 2023
Source: www.tanfieldchambers.co.uk
‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’
Blackstone Chambers, 28th July 2023
Source: www.blackstonechambers.com
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