Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

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New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Credibility: A divisible concept? – Exchange Chambers

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

The Limits of Applications to Remove Litigation Friends – Shirazi v Susa [2022] EWHC 477 (Ch) – New Square Chambers

‘Jian Jun (JJ) Liew explores the practical implications for applications to remove litigation friends arising from the recent High Court case of Shirazi v Susa [2022] EWHC 477 (Ch).’

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New Square Chambers, 28th March 2022

Source: www.newsquarechambers.co.uk

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

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Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers

Posted April 7th, 2022 in chambers articles, indemnities, news, taxation by sally

‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’

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Hailsham Chambers, 31st March 2022

Source: www.hailshamchambers.com

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Changes to the Law on Using a Mobile Phone While Driving – 4 King’s Bench Walk

‘In 2003 the Road Vehicles (Construction and Use) (Amendment) Regulations created a specific offence of using a mobile phone while driving. Subsection 110(6)(a) of those Regulations states that a mobile telephone is to be treated as hand-held ‘if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function’.’

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4 King's Bench Walk, 25th March 2022

Source: www.4kbw.co.uk

No-Fault Divorce: Who’s to blame? – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, divorce, families, married persons, news by sally

‘Today [5 April], the long-awaited Divorce, Dissolution and Separation Act 2020 has finally come into force, and in this article, we look at what this will mean for divorce applications going forward.’

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33 Bedford Row, 5th April 2022

Source: www.33bedfordrow.co.uk

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk

Who Needs to Know? – Devereux Chambers

Posted April 6th, 2022 in chambers articles, disclosure, news by sally

‘When a judge is asked to award an interim payment, should they be told about negotiations to settle? In an article for PI Focus, Rob Hunter and Bethany Sanders of Leigh Day examine what led to the different outcomes in Fryer v London Transport Executive [1982] 11 WLUK 247 Times, December 4, 1982 [1982] C.L.Y and Handyside v Lowery (Newcastle upon Tyne District Registry, 2 April 2015, unreported), and consider whether there are grounds for treating different types of offers differently.’

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Devereux Chambers, 30th March 2022

Source: www.devereuxchambers.co.uk

Class as a protected characteristic? – 12 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, employment, equality, news by sally

‘The social, economic and cultural effects of the pandemic are likely to cast a long shadow into the future, exacerbating existing inequalities and creating new ones. One impact is that social inequality is set to rise. Could social class be protected under the Equality Act 2010, and what would it mean for employees and employers?’

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12 King's Bench Walk, 10th March 2022

Source: www.12kbw.co.uk

Business Rates – Actual Occupation and Preparing Hereditament for Contemplated Use – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, news, rates by sally

‘In determining whether someone with a physical presence on a hereditament is in rateable occupation for the purposes of national non-domestic rating (‘Business Rates’) under section 43(1) of the Local Government Finance Act 1988 (‘LGFA 1988’), it is necessary to determine whether that person satisfies the fourfold test set out in Laing & Sons v Kingswood AC [1949] 1 KB 344 (‘Laing’), at 350.”

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33 Bedford Row, 30th March 2022

Source: www.33bedfordrow.co.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk

Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by sally

‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’

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Ropewalk Clinical Negligence Blog, 16th March 2022

Source: www.ropewalk.co.uk

Financial Remedy Update, March 2022 – Family Law Week

Posted March 8th, 2022 in chambers articles, divorce, family courts, financial provision, news by sally

‘Rose-Marie Drury and Sue Brookes, Principle Associates at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during February 2022.’

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Family Law Week, 7th March 2022

Source: www.familylawweek.co.uk

Bloombery v ZXC – the Supreme Court decides – Panopticon

‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’

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Panopticon, 21st February 2022

Source: panopticonblog.com

The leasehold reform consultation – Mills & Reeve

‘The Department for Levelling Up, Housing and Communities is seeking views on the reform of the residential leasehold and commonhold system in England and Wales.’

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Mills & Reeve, 14th February 2022

Source: www.mills-reeve.com

Greater Sentencing Power for Magistrates – A Solution to the Backlog? – Pump Court Chambers

‘It was confirmed on 18 January 2020 that Magistrates are to have their sentencing powers increased in the coming months, granting them broader power than ever before. The most significant change is that Magistrates’ will be able to impose a sentence of up to 12 months in custody which is double the previous maximum sentence. Effectively, this means that Magistrates will be able to accept jurisdiction for more serious either way offences, such as for Fraud, Theft or Assault, which would have originally been sent to the Crown Court without giving the Defendant the option to elect to remain in the Magistrates’.’

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Pump Court Chambers, 7th February 2022

Source: www.pumpcourtchambers.com

Rattan v Hughes – Case Note – Old Square Chambers

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk