Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

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Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Professional liability update: 2020 year in review – 4 New Square

‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’

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4 New Square, 5th January 2021

Source: www.4newsquare.com

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

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5SAH, 7th January 2021

Source: www.5sah.co.uk

Collective Actions in the Supreme Court – Competition Bulletin from Blackstone Chambers

‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’

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Competition Bulletin from Blackstone Chambers, 11th December 2020

Source: competitionbulletin.com

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

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Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Guess who? Does a section 8 notice have to contain the landlord’s own name and address? – Hardwicke Chambers

‘Kort Egan discusses Prempeh v Lakhany [2020] EWCA Civ 1422, in which the Court of Appeal considered whether a section 8 notice that is signed by the landlord’s agent and contains the agent’s details, must also include the landlord’s name and address.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers

Posted December 7th, 2020 in chambers articles, civil procedure rules, costs, news by sally

‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’

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Becket Chambers, 3rd December 2020

Source: becket-chambers.co.uk

Beyond regulation: controlling app-based private hire operators – 11 KBW

Posted December 7th, 2020 in chambers articles, internet, licensing, news, regulations, standards, taxis by sally

‘In former times, if you wanted to build a business empire, you needed bricks, mortar and time. It took twenty years for Marks and Spencer to move from their first covered market in Leeds to their first shop. No more. You can run the world’s largest holiday lettings company without owning a hotel, or the largest book retailer in the world without a bookshop, and you can revolutionise the global taxi industry without owning a car. And it all happens at a dizzying pace. The question arises whether these commercial leviathans can be regulated and if so how.’

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11 KBW, November 2020

Source: www.11kbw.com

Guidance on the approach to applications under section 10A of POCA 2002—civil rules and the family home (R v Forte) – 5SAH

‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’

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5SAH, 30th November 2020

Source: www.5sah.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

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4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Racing Partnerships Ltd v. Sports Information Services Ltd: Court of Appeal sheds light on economic torts of breach of confidence and unlawful means conspiracy – Littleton Chambers

‘The Court of Appeal’s recent decision in Racing Partnership Ltd & others v. Sports Information Services Ltd [2020] EWCA Civ 1300 has provided clarity on the economic tort of unlawful means conspiracy and provided much food for thought on claims for breach of confidence.’

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Littleton Chambers, 1st December 2020

Source: littletonchambers.com

Changes to ACAS Early Conciliation – Cloisters

Posted December 4th, 2020 in chambers articles, employment, employment tribunals, news, time limits by sally

‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’

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Cloisters, 1st December 2020

Source: www.cloisters.com

The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers

‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’

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Hardwicke Chambers, 2nd December 2020

Source: hardwicke.co.uk

Bolton v Stone Revisited – Ropewalk Chambers

‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’

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Ropewalk Chambers, 30th November 2020

Source: www.ropewalk.co.uk

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row

Posted November 25th, 2020 in appeals, arbitration, chambers articles, charterparties, compensation, damages, news by sally

‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’

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33 Bedford Row, 12th November 2020

Source: www.33bedfordrow.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

Racism and Football – What are the possible solutions? – Church Court Chambers

Posted November 25th, 2020 in chambers articles, diversity, employment, equality, news, race discrimination, racism, sport by sally

‘This two-part series of articles written by Yasin Patel (barrister and director of SLAM) looks at the question of “racism in football”. The first article outlined the arguments as to why discrimination and racism is “alive and kicking” in the game and the many forms in which it is prevalent throughout the whole structure of the game.’

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Church Court Chambers, November 2020

Source: churchcourtchambers.co.uk

Supreme Court reduces standard of proof for suicide and unlawful killing in inquest conclusions – Park Square Barristers

‘The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk