Category: chambers articles

Criminal Law Update – Devon Chambers

Posted February 11th, 2021 in chambers articles, codes of practice, criminal procedure, disclosure, news by sally

‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’

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Devon Chambers, February 2021

Source: www.devonchambers.co.uk

Astra-Zeneca v EU – the vaccine row explained in straightforward terms – The 36 Group

Posted February 11th, 2021 in chambers articles, contracts, coronavirus, EC law, medicines, news by sally

‘On 1 February, AstraZeneca told the EU that it would deliver around 50% of the 80 million COVID-19 vaccine doses that it had previously told the EU for the first quarter of 2021.’

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The 36 Group, 10th February 2021

Source: 36group.co.uk

Alternative Dispute Resolution – Becket Chambers

Posted February 11th, 2021 in chambers articles, coronavirus, delay, family courts, news by sally

‘The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, often prejudicial, delay in ending what is for most participants a highly unpleasant and distressing experience.’

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Becket Chambers, 1st February 2021

Source: becket-chambers.co.uk

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

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5SAH, 11th February 2021

Source: www.5sah.co.uk

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

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2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Reflections on Maughan: disclosure in inquests – Henderson Chambers

Posted January 28th, 2021 in appeals, chambers articles, coroners, disclosure, inquests, news, standard of proof, Supreme Court, unlawful killing by sally

‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’

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Henderson Chambers, 19th January 2021

Source: www.hendersonchambers.co.uk

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

Posted January 22nd, 2021 in chambers articles, dispute resolution, education, equality, Islam, news, religious discrimination, school children by sally

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021

Source: www.monckton.com

Not all breaches lead to loss – a cautionary tale – Littleton Chambers

Posted January 22nd, 2021 in causation, chambers articles, compensation, damages, news by sally

‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

Posted January 22nd, 2021 in appeals, chambers articles, compensation, EC law, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021

Source: littletonchambers.com

Very Late Applications for Expert Reports: The Key is ‘Significance’ – Ropewalk Chambers

Posted January 22nd, 2021 in accidents, chambers articles, compensation, damages, expert witnesses, news, personal injuries by sally

‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’

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Ropewalk Chambers, 14th January 2021

Source: www.ropewalk.co.uk

Supplying the answer: when are statefunded services “supply of services for consideration” for VAT purposes? – Monckton Chambers

Posted January 22nd, 2021 in chambers articles, education, HM Revenue & Customs, news, VAT by sally

‘In this case note, Jack Williams of Monckton Chambers analyses the recent decision of the Upper Tribunal in Colchester Institute Corporation v HMRC [2020] UKUT 0368 (“Colchester”). In summary, in overturning the First Tier Tribunal’s decision, the Upper Tribunal held that state-funding did have a sufficient link to the provision of education and vocational training provided by a college to constitute supply of services for consideration and economic activity. Nevertheless, HMRC was entitled to set-off input tax to reduce the taxpayer’s repayment claim. The implications of the case are likely to be profound: many businesses – educational and otherwise – supplying services that are funded by state agencies are now likely to argue that their provision of services does, in fact, constitute the supply of services for consideration and economic activity. That being so, there would be no need to account for output tax on those services and any accounted for with HMRC may be recoverable.’

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Monckton Chambers, January 2021

Source: www.monckton.com

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

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No. 5 Chambers, 21st January 2021

Source: www.no5.com

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

Posted January 22nd, 2021 in appeals, chambers articles, interpretation, news, planning, statutory interpretation by sally

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

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Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in abuse of process, appeals, chambers articles, housing, news, planning, striking out by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

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No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

Posted January 22nd, 2021 in asbestos, chambers articles, compensation, damages, employment, industrial injuries, insurance, news by sally

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

Posted January 22nd, 2021 in appeals, chambers articles, civil justice, coroners, inquests, news, standard of proof, Supreme Court, unlawful killing by sally

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

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Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

FCA v Arch Insurance (UK) Ltd and others – St John’s Chambers

Posted January 22nd, 2021 in appeals, causation, chambers articles, coronavirus, financial services ombudsman, insurance, news, Supreme Court by sally

‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’

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St John's Chambers, 21st January 2021

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted January 22nd, 2021 in chambers articles, families, family courts, news by sally

‘Issue #42 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 15th January 2021

Source: spirebarristers.co.uk