Category: chambers articles

Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

Posted October 29th, 2021 in causation, chambers articles, damages, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’

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Ropewalk Clinical Negligence Blog, 26th October 2021

Source: www.ropewalk.co.uk

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by sally

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

Posted October 13th, 2021 in causation, chambers articles, health, hospitals, medical treatment, negligence, news, personal injuries by sally

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by sally

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

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Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

Sexual abuse in School – Adopting a zero-tolerance approach – 3 Hare Court

Posted September 8th, 2021 in abuse of position of trust, chambers articles, child abuse, children, disciplinary procedures, equality, human rights, news, school children, sexual offences, statistics, statutory duty, universities by sally

‘In April this year, thousands of anonymous reports were shared by students on Everyone’s Invited, a website which encourages young survivors of sexual abuse to share their stories. After these reports were received, Everyone’s Invited decided to name the schools implicated in these accounts. Of the 2,962 schools identified, 2,556 are secondary schools and 406 primary schools and 119 universities. To date, in excess of 51,000 testimonies have been shared on the site.’

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3 Hare Court, 1st September 2021

Source: www.3harecourt.com

The Authority to Enter into a Contract on Behalf of a Business – Who Has It? – Becket Chambers

Posted August 26th, 2021 in chambers articles, contracts, news, third parties by sally

‘In order for a contract to be enforceable against a business, the person who entered into it on business’ behalf must have had the requisite authority to do so. In reality, a wide range of people often have the authority to enter into contracts on behalf of businesses, but for the purposes of this article I will simply refer to the person seeking to enter into a contract on behalf of the business as ‘the employee’.’

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Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

Posted August 25th, 2021 in appeals, chambers articles, constructive dismissal, disability discrimination, employment, employment tribunals, equality, harassment, news, race discrimination, sex discrimination by sally

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

Posted August 25th, 2021 in chambers articles, children, cohabitation, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

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Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

The Factors and Guidance to make an application for Discharge of a Care Order pursuant to s. 39 of the Children Act 1989 – Becket Chambers

Posted August 25th, 2021 in appeals, care orders, chambers articles, child abuse, children, families, local government, news, sexual offences by sally

‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’

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Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

Posted August 25th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, race discrimination, Supreme Court, witnesses by sally

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

The Language of Cyber Law. Cyber law: language matters – The 36 Group

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘With technology advancing every day, Ceri Davis of 36 Commercial explores the importance of mastering the language of cyber law.’

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The 36 Group, 3rd August 2021

Source: 36group.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

Posted August 25th, 2021 in abuse of process, appeals, chambers articles, costs, fraud, news, private prosecutions, stay of proceedings, theft by sally

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Ransomware attacks: a practical guide to survival – 3PB

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘In response to the growing number of instructions regarding cyber incidents, this series of articles aims to address and provide practical advice on dealing with, common scenarios faced by businesses. This first article addresses the risk of a ransomware attack and considers the practical steps that an organisation needs to take to survive such an event.’

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3PB, 19th August 2021

Source: www.3pb.co.uk

The removal of homeless migrants: a legal challenge waiting to happen? – 5SAH

Posted August 25th, 2021 in chambers articles, deportation, government departments, homelessness, housing, immigration, news by sally

‘On 22 October 2020, the Home Office published a Statement of Changes to update the UK’s Immigration Rules (the rules), as part of the post-Brexit immigration changes. The reforms included a new discretionary ground for refusal or cancellation of permission to stay for those individuals in the UK on a temporary basis, found sleeping rough.’

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5SAH, 10th August 2021

Source: www.5sah.co.uk

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

Posted August 25th, 2021 in appeals, chambers articles, disciplinary procedures, disclosure, employment, employment tribunals, hospitals, news, unfair dismissal, whistleblowers by sally

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

Posted August 25th, 2021 in chambers articles, children, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

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1 GC: Family Law, 10th August 2021

Source: 1gc.com

Thirty years of the Dangerous Dogs Act: time for change – 1 MCB Chambers

Posted August 25th, 2021 in animals, chambers articles, dogs, legal history, news by sally

‘On the 30th anniversary of the enactment of the Dangerous Dogs Act 1991, dangerous dogs and animal welfare expert Pamela Rose reflects on whether the statute is fit for purpose.’

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1 MCB Chambers, August 2021

Source: 1mcb.com

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

Posted August 9th, 2021 in appeals, chambers articles, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by sally

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

Posted August 9th, 2021 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, mental health, news, remuneration by sally

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

DON’T LOOK NOW: Non-party costs orders and Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 – 3PB

Posted August 6th, 2021 in appeals, chambers articles, costs, news by sally

‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:

“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’

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3PB, 30th July 2021

Source: www.3pb.co.uk