‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’
Pump Court Chambers, 29th March 2023
Source: www.pumpcourtchambers.com
‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’
Ropewalk Chambers, 6th March 2023
Source: ropewalk.co.uk
‘Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 (‘the 2003 Act’) were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014. Unlike the similar Sexual Harm Prevention Orders introduced at the same time, SROs may be obtained without a criminal conviction for a sexual offence. Being civil orders obtained in the Magistrates’ Court the applicant authority (a police force or the National Crime Agency) is able to rely on the admissibility of hearsay evidence under the Civil Evidence Act 1995 (‘the 1995 Act’) and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999. However, the Police, Crime, Sentencing and Courts Act 2022 significantly altered the process by amending section 122A(6) to state that the court need only be satisfied on the balance of probabilities that a defendant has done at least one act of a sexual nature as alleged. Previously, the standard of proof had been held to be the criminal standard, though the statute was silent as to the standard required. This amendment took effect on 29 November 2022 and there has already been a noticeable upsurge in the number of applications for these Draconian orders.’
Doughty Street Chambers, 12th March 2023
Source: insights.doughtystreet.co.uk
‘All of the statutory healthcare regulators – the GMC, GDC, GPhC, GOC, GCC, GOsC, HCPC, NMC – as well as SWE have a time limit for filing appeals of 28 days. Those appeals lie to the High Court. Only two of those have any provision within their legislation permitting an extension of the time limit for filing an appeal. The GPhC’s legislation contains a provision permitting the Court to extend the time limit for filing an appeal.’
5SAH, 16th March 2023
Source: www.5sah.co.uk
‘On Thursday 23 February 2023, following much anticipation, the UK Government Department for Culture, Media & Sport (‘DCMS’) published its White Paper “A sustainable future – reforming club football governance.”1 It has been described as the “biggest shake up in football for decades”, “revolutionary” and “landmark”. These are not exaggerations. The government proposals represent the first and only independent statutory regulator of football.’
Blackstone Chambers, March 2023
Source: www.blackstonechambers.com
‘Most of us have experienced the sense of frustration and helplessness when losing a purse or wallet. Imagine your wallet was digital, and contained $4 billion in assets. Now imagine the device which held your wallet containing $4 billion in assets was hacked, and your assets disappeared into the ether.’
3PB, 2nd March 2023
Source: www.3pb.co.uk
‘There has been a spate of cases in the past couple of years where contempt of court proceedings have been brought against lawyers. Prompted by the recent decision by Leech J to imprison struck off solicitor Soophia Khan for a further period of 12 months for failing to deliver up her firm’s files to SRA intervention agents, Helen Evans KC examines what is going on. When can contempt proceedings be brought against lawyers, and are they becoming more frequent?’
4 New Square, 20th March 2023
Source: www.4newsquare.com
‘The High Court recently handed down judgment in the case of Gupta v Shah [2023] EWHC 540 (Ch), a double-barrelled summary judgment and strike out application in an idiosyncratic international fraud worth $14 million. The case involved extravagant defences of clandestine US-Iranian Commercial dealings, secret caches of US dollar reserves, Chinese State Security, and a systematic theft of funds by major multinational banks.’
Tanfield Chambers, 28th March 2023
Source: www.tanfieldchambers.co.uk
‘The Guardianship (Missing Persons) Act 2017 (“the Act”) came into force three and half years ago on 31 July 2019. Informally known as “Claudia’s Law” after Claudia Lawrence who disappeared in 2009, the purpose of the Act is to empower the court to appoint a guardian to deal with the property and financial affairs of people who have gone missing.’
Parklane Plowden Chambers, 1st March 2023
Source: www.parklaneplowden.co.uk
‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’
New Square Chambers, 13th March 2023
Source: www.newsquarechambers.co.uk
‘With the financial sanctions imposed against Russia has been widening and deepening over the past year, more and more businesses and investors have paid attention to the regulatory obligations for compliance.’
No. 5 Chambers, 8th March 2023
Source: www.no5.com
‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’
St John's Buildings, 15th March 2023
Source: stjohnsbuildings.com
‘In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed.’
Ropewalk Chambers, 15th March 2023
Source: ropewalk.co.uk
‘In this Health and Safety Update, Amy Taylor discusses recent health and safety cases, the most expensive health and safety fines of 2022 and the past and future strategy of the HSE.’
Six Pump Court, 29th March 2023
Source: 6pumpcourt.co.uk
‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 2nd March 2023
Source: spirebarristers.co.uk
‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’
Pensions Barrister, 22nd March 2023
Source: www.pensionsbarrister.com
‘This week Tony Danker stepped down from his role as director general of the Confederation of British Industry (CBI) while an independent investigation into allegations of sexual misconduct takes place.’
Kingsley Napley Employment Law Blog, 13th March 2023
Source: www.kingsleynapley.co.uk
‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’
Ropewalk Clinical Negligence Blog, 8th March 2023
Source: www.ropewalk.co.uk
‘Mattie Green discusses Hudson v Hathway [2022] EWCA Civ 1648, focusing mainly on the application of section 53 of the Law of Property Act 1925.’
Tanfield Chambers, 16th January 2023
Source: www.tanfieldchambers.co.uk
‘Before 28 October 2018, when judgment was delivered in Lloyds Banking Group Pensions Trustees v Lloyds Bank [2018] EWHC 2839 (Ch), forfeiture of benefits in occupational pension schemes was hardly a “hot topic”.’
Wilberforce Chambers, January 2023
Source: www.wilberforce.co.uk
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