chambers articles – Page 41 – Current Awareness

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

Posted July 10th, 2020 in appeals, chambers articles, Christianity, employment, employment tribunals, equality, marriage, married persons, news, unfair dismissal by sally

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

3PB, 1st July 2020

Source: www.3pb.co.uk

One size fits all? – No. 5 Chambers

Posted July 10th, 2020 in adoption, appeals, care orders, chambers articles, children, families, fostering, guardianship, local government, news by sally

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protected parties, anonymity orders and clinical negligence; PQ (a child by her litigation friend) v Royal Free London NHS Foundation Trust [2020] EWHC 1662 (QB) – Parklane Plowden Chambers

Posted July 10th, 2020 in anonymity, birth, chambers articles, children, damages, families, hospitals, negligence, news, personal injuries by sally

‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’

Parklane Plowden Chambers, 30th June 2020

Source: www.parklaneplowden.co.uk

Guidance from the EAT as to the calculation of a week’s pay and profitability bonuses: Econ Engineering Limited (Appellant) v Mr P Dixon and Others (Respondent) – Parklane Plowden Chambers

Posted July 10th, 2020 in appeals, chambers articles, employment, employment tribunals, news, remuneration by sally

‘For sums to be included in the calculation of a week’s pay by reference to S.221(2) Employment Rights Act (ERA) 1996, completion of normal working hours must be both a necessary and a sufficient condition for the entitlement to the relevant payment.’

Parklane Plowden Chambers, 6th July 2020

Source: www.parklaneplowden.co.uk

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

Posted July 10th, 2020 in appeals, building law, chambers articles, housing, licensing, news, planning, standards, tribunals by sally

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Damaged by COVID-19 – What losses will be recoverable? – Hardwicke Chambers

Posted July 10th, 2020 in chambers articles, contracts, coronavirus, damages, news by sally

‘The normal rule for breach of contract is that losses are assessed as at the date of breach (The Golden Victory [2007] 2 AC 353.) However, this has never been an immutable rule, and the law in this area was significantly recast in the case of W Nagel (A Firm) v Pluczenik Diamond Company [2018] EWCA Civ 2640.’

Hardwicke Chambers, 29th June 2020

Source: hardwicke.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

Posted July 10th, 2020 in care homes, chambers articles, coronavirus, dentists, doctors, hospitals, news, quality assurance, regulations by sally

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

Posted July 10th, 2020 in appeals, chambers articles, civil procedure rules, landlord & tenant, news, practice directions, repossession by sally

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

Villiers v Villiers – Blackstone Chambers

Posted July 10th, 2020 in appeals, chambers articles, divorce, EC law, families, financial provision, jurisdiction, news, Scotland by sally

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

Posted July 10th, 2020 in appeals, chambers articles, criminal justice, evidence, hearsay evidence, news, sexual offences by sally

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

UK Sanctions regime targets Human Rights abusers – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, human rights, news, sanctions by sally

The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.

Doughty Street Chambers, 7th July 2020

Source: insights.doughtystreet.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

Posted July 10th, 2020 in chambers articles, civil procedure rules, costs, families, family courts, financial dispute resolution, news by sally

‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’

Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk

Extradition and International update – 5SAH

Posted July 10th, 2020 in chambers articles, extradition, international law, news by sally

‘The newsletter features the following articles & videos:

– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’

5SAH, 1st July 2020

Source: www.5sah.co.uk

Costs and the expert – No. 5 Chambers

Posted July 10th, 2020 in chambers articles, children, costs, expert witnesses, families, news by sally

‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’

No. 5 Chambers, 1st July 2020

Source: www.no5.com

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

Posted July 10th, 2020 in chambers articles, closed material, disclosure, human rights, inquiries, intelligence services, judicial review, news, rendition, torture by sally

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Landmark Supreme Court Judgment on Interchange Fees – Monckton Chambers

Posted July 10th, 2020 in appeals, banking, chambers articles, competition, fees, news, Supreme Court by sally

‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’

Monckton Chambers, July 2020

Source: www.monckton.com

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

Posted July 10th, 2020 in appeals, chambers articles, coronavirus, divorce, enforcement, families, family courts, financial provision, news by sally

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 – Tanfield Chambers

Posted July 10th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’

Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row

Posted July 8th, 2020 in chambers articles, consumer protection, coronavirus, holidays, news by sally

‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’

33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

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