chambers articles – Page 40 – Current Awareness

Case Management Decisions – are they appealable? – Becket Chambers

Posted January 6th, 2023 in appeals, case management, chambers articles, news by sally

‘“No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise of the court’s case management powers. This judgment may surprise some people, and it would be interesting to see what the Court of Appeal would decide if it was further appealed.’

Becket Chambers, 21st December 2022

Source: becket-chambers.co.uk

Can the tables ever be turned: when can professionals sue their clients for breaching duties to them? by Helen Evans KC – 4 New Square Chambers

Posted January 6th, 2023 in appeals, chambers articles, compensation, deceit, law firms, legal profession, news, solicitors by sally

‘When professionals are sued, it’s not unusual for them to make an assertion that their clients were “up to something”, or to complain that they had provided wilfully misleading or incomplete instructions.’

4 New Square Chambers, 7th December 2022

Source: www.4newsquare.com

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

Posted January 6th, 2023 in accidents, causation, chambers articles, damages, delay, medical treatment, negligence, news, personal injuries by sally

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

Posted January 6th, 2023 in chambers articles, costs, damages, negligence, news, part 36 offers, personal injuries by sally

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Making Mediation Mandatory – Doughty Street Chambers

Posted January 5th, 2023 in chambers articles, dispute resolution, news, small claims by sally

‘The debate around whether mediation can or should be made mandatory has been around for some time. In July this year, the government announced their intention to implement mandatory mediation in all contested claims under £10,000 in the county courts; one driver being only 21% of small claims opt into the present Small Claims Mediation Scheme (SCMS).’

Doughty Street Chambers, 22nd December 2022

Source: insights.doughtystreet.co.uk

The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648 – Guildhall

Posted January 5th, 2023 in appeals, chambers articles, cohabitation, constructive trusts, electronic mail, news by sally

‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’

Guildhall Chambers, 22nd November 2022

Source: www.guildhallchambers.co.uk

“The end of the beginning: 2021 in construction law” – Atkin Chambers

Posted January 5th, 2023 in building law, chambers articles, construction industry, coronavirus, news by sally

‘Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic.’

Atkin Chambers, 16th December 2022

Source: www.atkinchambers.com

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

Posted January 4th, 2023 in care homes, care workers, chambers articles, coronavirus, employment, employment tribunals, equality, harassment, news, religious discrimination, unfair dismissal, vaccination by sally

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Death and the Family Partnership – Parklane Plowden Chambers

Posted October 20th, 2022 in chambers articles, news, partnerships, wills by sally

‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’

Parklane Plowden Chambers, 19th October 2022

Source: www.parklaneplowden.co.uk

Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers

Posted October 20th, 2022 in chambers articles, costs, news, third parties by sally

‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’

Hailsham Chambers, 7th October 2022

Source: www.hailshamchambers.com

Pay Up, Or Else… Disclosure Obligations v Solicitors’ Liens – Gatehouse Chambers

Posted October 20th, 2022 in chambers articles, disclosure, negligence, news, personal injuries, solicitors by sally

‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’

Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers

Posted October 20th, 2022 in chambers articles, domestic violence, government departments, human rights, news, victims by sally

‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’

Garden Court Chambers, 18th October 2022

Source: www.gardencourtchambers.co.uk

Diagnosis and Management of Strokes in Emergency and Primary Care Settings – Ropewalk Chambers

Posted October 20th, 2022 in causation, chambers articles, expert witnesses, medical treatment, news by sally

‘The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach of duty is not in issue and/or is established in evidence, causation is likely to be contentious in all but the clearest of cases due to the absence of definitive evidence or trial data regarding the efficacy of anticoagulant treatment.’

Ropewalk Chambers, 11th October 2022

Source: www.ropewalk.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

Dealing with workplace investigations and employee suspensions – Kingsley Napley Insights Blog

Posted October 5th, 2022 in chambers articles, constructive dismissal, disciplinary procedures, employment, employment tribunals, news by sally

‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’

Kingsley Napley Insights Blog, 4th October 2022

Source: www.kingsleynapley.co.uk

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

23 Essex Street, 25th August 2022

Source: www.23es.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

Posted September 1st, 2022 in chambers articles, delay, disabled persons, housing, judicial review, ministers' powers and duties, news by sally

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

How can parents minimise the impact of separation on children with SEND? – 3PB

Posted September 1st, 2022 in chambers articles, children, divorce, news, special educational needs by sally

‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’

3PB, September 2022

Source: www.3pb.co.uk

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