The changing legal landscape of claiming surrogacy costs – No. 5 Chambers

‘The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) [2020] UKSC 14, on 1 April 2020, fundamentally changed the landscape in the United Kingdom for recovering the cost of surrogacy arrangements. By a majority, it determined that a person may claim damages to fund the cost of surrogacy, both commercial in a country where it is lawful and non-commercial, using her own or donor eggs.’

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No. 5 Chambers, 4th June 2020

Source: www.no5.com

Success fees in 1975 Act claims: SH v NH [2020] EWHC 1134 – New Square Chambers

Posted June 10th, 2020 in chambers articles, costs, families, fees, news, solicitors, wills by sally

‘The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

Retailers and social distancing – what does the latest guidance say? – Six Pump Court

‘We all know what the “2 metre” rule is – how does that translate to retailers and what does the latest guidance say?’

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Six Pump Court, 8th June 2020

Source: www.6pumpcourt.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Appeal allowed against Strike out of Secondary Victim claims arising out of Clinical Negligence – St John’s Chambers

‘In November 2019 Master Cook had struck out the secondary victim claims brought by the Claimants as a result of witnessing the heart attack and subsequent death of their father some 14 ½ months after the alleged negligent omission of the Defendant Trust. This was on the basis that the claims were bound to fail on a strict application of binding authorities including Taylor -v- A. Novo [2014] QB 150 because the shocking event in question was not proximate in time to the breach of duty. In Taylor v A. Novo the Court of Appeal had dismissed a secondary victim claim where the claimant’s mother had been injured by a falling stack of boards due to the negligence of a colleague at work and had subsequently collapsed and died at home as result of deep vein thrombosis secondary to the accident. The claimant witnessed her mother collapsing at home but not the accident itself. Her claim failed on proximity because the death of the claimant’s mother was not the relevant shocking “event”, which was the accident itself, and so the control mechanisms were not satisfied.’

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St John's Chambers, 4th June 2020

Source: www.stjohnschambers.co.uk

Self-quarantine measures for international travellers – the prospects of a legal challenge – 3 Hare Court

‘Christopher Loxton examines the legislation, and the prospects of potential legal challenges, and concludes that the Government is likely to face substantial difficulties in providing adequate legal justification for the self-quarantine measures contained in the legislation.’

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3 Hare Court, 9th June 2020

Source: www.3harecourt.com

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB

‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers

‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’

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Doughty Street Chambers, 18th May 2020

Source: insights.doughtystreet.co.uk

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

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Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, coronavirus, news, sale of land by sally

‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The end of remote voting in Parliament: a backwards move? – Cloisters

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

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Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

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12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Using documents for a collateral purpose and in separate proceedings – how likely are the courts to approve your application? – St Ives Chambers

Posted June 5th, 2020 in chambers articles, civil procedure rules, disclosure, documents, news by sally

‘There will certainly be occasions where the use of documents disclosed in separate proceedings are useful to your case and it is desirable either to disclose these in the present case or to obtain advice on collateral claims, but which applications are practically viable?’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

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Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

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Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

UK housing prices and planning policy post corona virus pandemic – 33 Bedford Row

Posted June 5th, 2020 in chambers articles, coronavirus, housing, news, planning by sally

‘Over half the UK’s wealth is in property. That is more than £7 trillion in just England and Wales, of which around £1-1.5 trillion is secured by lending. The provision of sufficient housing of the right type, in the right places and at affordable prices is a perennial problem. A crisis existed before the Corona-19 virus appeared. The Secretary of State for Housing, Robert Jenrick, described this as an “acute housing need in this country” As we continue to work through lockdown, we must contemplate life afterwards. No-one has a crystal ball. However, mature thinking and past experience might illuminate possible pathways.’

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33 Bedford Row, 18th May 2020

Source: www.33bedfordrow.co.uk