Category: chambers articles

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted August 1st, 2023 in chambers articles, hospitals, negligence, news, reports by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

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St John's Chambers, 13th July 2023

Source: www.stjohnschambers.co.uk

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

Posted August 1st, 2023 in chambers articles, company directors, constructive dismissal, fraud, news, setting aside by sally

‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’

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Gatehouse Chambers, 25th July 2023

Source: gatehouselaw.co.uk

A practical guide to unfair prejudice petitions – St John’s Chambers

Posted August 1st, 2023 in chambers articles, company law, news, shareholders, unfair commercial practices by sally

‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’

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St John's Chambers, 3rd July 2023

Source: www.stjohnschambers.co.uk

The Reliability and Relevance of Historical Occupational Audiograms: Testing Times – Ropewalk Chambers

Posted August 1st, 2023 in chambers articles, disabled persons, industrial injuries, news, noise by sally

‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’

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Ropewalk Chambers, 19th July 2023

Source: ropewalk.co.uk

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – Wilberforce Chambers

Posted August 1st, 2023 in chambers articles, mistake, news, tax avoidance by sally

‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’

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Wilberforce Chambers, 31st July 2023

Source: www.wilberforce.co.uk

Environmental Law News Update – Six Pump Court

Posted August 1st, 2023 in chambers articles, energy, environmental protection, news, shareholders, transport by sally

‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’

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Six Pump Court, 31st July 2023

Source: 6pumpcourt.co.uk

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

Posted July 10th, 2023 in appeals, care homes, chambers articles, coroners, duty of care, hospitals, human rights, inquests, local government, news, Supreme Court by sally

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

The importance of Reynolds in discrimination cases – 3PB

Posted July 5th, 2023 in appeals, chambers articles, employment, employment tribunals, equality, news, pregnancy, unfair dismissal by sally

‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’

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3PB, 7th June 2023

Source: www.3pb.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

Posted July 5th, 2023 in appeals, carers, chambers articles, coronavirus, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

A Date to Remember – Withdrawing Election Petitions – 4-5 Gray’s Inn Square

Posted July 5th, 2023 in chambers articles, elections, local government, news by sally

‘The prospect of an election being challenged by an election petition is something that will no doubt form the stuff of nightmares for many of the readers of this magazine. However, it may happen and the recent case of Afzal v Khan & Ors [2023] EWHC 376 (KB)1 has given the High Court the opportunity to set out the law on some of the powers an Election Court has in deciding an Election Petition, in particular as to what it should do when the Petitioner decides they no longer wish to pursue it.’

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4-5 Gray's Inn Square, 1st June 2023

Source: www.4-5.co.uk

Public inquiries: back in fashion – 3 Hare Court

Posted July 5th, 2023 in chambers articles, inquiries, news by sally

‘Public inquiries – getting at the truth or kicking the can down the road? Malcolm Bishop KC hovers between optimism & cynicism, in this article for the New Law Journal.’

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3 Hare Court, 5th June 2023

Source: www.3harecourt.com

Thoroughly Modern Will Disputes – 5SAH

Posted July 5th, 2023 in chambers articles, children, cohabitation, dispute resolution, families, news, wills by sally

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

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5SAH, 3rd July 2023

Source: www.5sah.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by sally

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

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Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Slavery: room for reparations? – 3 Hare Court

Posted June 14th, 2023 in chambers articles, compensation, forced labour, news, trafficking in human beings by sally

‘In 2013, the Caribbean Community set up the CARICOM Reparations Commission to “prepare the case [for] reparatory justice for the Caribbean region’s indigenous and African descendant communities who are the victims of crimes against humanity in the form of genocide, slavery, slave trading and racial apartheid”. A decade on, the issue is rarely far from the headlines.’

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3 Hare Court, 14th June 2023

Source: www.3harecourt.com

The four-day week: handling requests – Kingsley Napley

Posted June 14th, 2023 in bills, chambers articles, employment, news, pilot schemes, working time by sally

‘The jury is still out on whether the four-day week will remain the exception rather than the rule in future. In February, we learned that the majority of UK companies that took part in a six-month pilot in 2022 (offering employees a shorter working week on full pay for the same level of productivity) voted to continue with the trial, with 18 companies deciding to introduce the model permanently.’

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Kingsley Napley, 13th June 2023

Source: www.kingsleynapley.co.uk

Workplace bullying in law firms – a new frontier? – Kingsley Napley

Posted June 5th, 2023 in bullying, chambers articles, codes of practice, employment, law firms, lord chancellor, news, solicitors, Solicitors Regulation Authority by sally

‘Richard Fox, Jessica Clay and Lucinda Soon discuss what constitutes workplace bullying in light of the recent high-profile case against former justice secretary Dominic Raab.’

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Kingsley Napley, 19th May 2023

Source: www.kingsleynapley.co.uk