‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’
Becket Chambers, 28th March 2023
Source: becket-chambers.co.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’
39 Essex Chambers, 14th March 2023
Source: www.39essex.com
‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’
12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023
Source: 12kbwemploymentlaw.wordpress.com
‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’
Parklane Plowden Chambers, 3rd March 2023
Source: www.parklaneplowden.co.uk
‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’
Ropewalk Chambers, 31st March 2023
Source: ropewalk.co.uk
‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’
Ropewalk Chambers, 1st March 2023
Source: ropewalk.co.uk
‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’
Ropewalk Chambers, 28th March 2023
Source: ropewalk.co.uk
‘In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a recent survey asking colleagues for their own experiences regarding fundamental dishonesty at trial.’
Ropewalk Chambers, 30th March 2023
Source: ropewalk.co.uk
‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’
4 New Square, 28th March 2023
Source: www.4newsquare.com
‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’
3PB, March 2023
Source: www.3pb.co.uk
‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’
Tanfield Chambers, 24th March 2023
Source: www.tanfieldchambers.co.uk
‘G4S’s running of the prison failed to meet the standards of public service required, such that HMP Birmingham was put in special measures, and its running was taken over by the Ministry of Justice. The Chief Inspector of Prisons at the time, Peter Clarke, invoked the Urgent Notification process in respect of the prison.’
Garden Court Chambers, 23rd March 2023
Source: www.gardencourtchambers.co.uk
‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’
Gatehouse Chambers, 11th March 2023
Source: gatehouselaw.co.uk
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