‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’
Guildhall Chambers, 17th July 2023
Source: www.guildhallchambers.co.uk
‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’
Gatehouse Chambers, 31st July 2023
Source: gatehouselaw.co.uk
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’
4-5 Gray's Inn Square, 27th July 2023
Source: www.4-5.co.uk
‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’
Becket Chambers, 3rd July 2023
Source: becket-chambers.co.uk
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’
Doughty Street Chambers, 19th July 2023
Source: insights.doughtystreet.co.uk
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
‘Rebecca Tuck KC, Eleena Misra KC and Nadia Motraghi KC (with a contribution from Ijeoma Omambala KC) discuss the new Flexible Working Act 2023 and where we are now?’
Old Square Chambers, 19th July 2023
Source: oldsquare.co.uk
‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’
Pensions Barrister, 31st July 2023
Source: www.pensionsbarrister.com
‘Harassment is a criminal offence and a civil wrong, which means it can be resolved in the criminal or civil courts/employment tribunal. It is a serious offence that can have a lasting impact on those who experience it. Many of these types of harassment overlap – for example, sexual harassment might come in the form of verbal or physical harassment.’
St Pauls Chambers, 12th July 2023
Source: www.stpaulschambers.com
‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’
St Ives Chambers, 21st July 2023
Source: www.stiveschambers.co.uk
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