‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’
Hailsham Chambers, 21st July 2021
Source: www.hailshamchambers.com
‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’
Richmond Chambers, 26th July 2021
Source: immigrationbarrister.co.uk
‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’
Hailsham Chambers, 26th July 2021
Source: www.hailshamchambers.com
‘Practitioners will be, by now, familiar with the provisions of section 10A POCA, which permits a Court to make a conclusive determination of the extent of a Defendant’s interest, where a third party may hold an interest in the property under consideration.’
Broadway House Chambers, 13th July 2021
Source: broadwayhouse.co.uk
‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’
5SAH, 22nd July 2021
Source: www.5sah.co.uk
‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’
Radcliffe Chambers, 21st July 2021
Source: radcliffechambers.com
‘The 2007-2008 financial crisis and the devastating reminder that banks were not immune from failure, brought about a raft of regulatory changes designed to protect customers and the wider economy. These included, if all else failed, bespoke administration procedures for banks, building societies and investment banks contained within the Banking Act 2009 (“BA 2009”).’
Radcliffe Chambers, 22nd July 2021
Source: radcliffechambers.com
‘In R (Rose) v Chief Constable of Greater Manchester Police [2021] EWHC 875 (Admin), a businessman successfully challenged a decision not to refer his complaint to the Independent Office of Police Conduct (IOPC) under the mandatory referral criteria. The High Court concluded that the chief constable had failed to review the conduct alleged and consider whether, if substantiated, it would constitute serious corruption as defined in the (then) Independent Complaints Commission (IPCC) Statutory Guidance on the handling of complaints. Instead, he had performed an assessment of the merits which had rendered the decision not to refer the complaint unlawful. The case makes clear that complaints engaging the mandatory criteria, especially that of “serious corruption”, must be referred to the IOPC.’
UK Police Law Blog, 26th July 2021
Source: ukpolicelawblog.com
‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 13th July 2021
Source: spirebarristers.co.uk
‘What is reasonable diligence when a company has entered an insolvency process and has abandoned its trading functions?’
Gatehouse Chambers, 22nd July 2021
Source: gatehouselaw.co.uk
‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’
OUT-LAW.COM, 13th July 2021
Source: www.pinsentmasons.com
‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’
OUT-LAW.com, 14th July 2021
Source: www.pinsentmasons.com
‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’
Mills & Reeve, 7th July 2021
Source: www.mills-reeve.com
‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’
Parklane Plowden Chambers, 29th June 2021
Source: www.parklaneplowden.co.uk
‘In Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) Mr Greenbank (sitting as a Deputy Judge of the High Court) was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. The essential part of the judgment on this point is at paragraph 391 to 410. The Defendants in this case were represented by Richard Leiper QC and Charlotte Davies, instructed by Clyde & Co LLP.’
Littleton Chambers, 24th June 2021
Source: littletonchambers.com
‘On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA. CLICK HERE to read the judgment.’
Littleton Chambers, 23rd June 2021
Source: littletonchambers.com
‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’
Hardwicke Chambers, 1st July 2021
Source: hardwicke.co.uk
‘The statutory power of advancement conferred by section 32 of the Trustee Act 1925 is a valuable tool for trustees given them as an aid to enable trust property to be used for the fullest benefit of a beneficiary with an interest in capital: see Lord Inglewood v IRC [1983] 1 WLR 366, 372–3 per Fox LJ, a judgment which contains a useful catalogue of ways in which the power has been exercised.’
Wilberforce Chambers, 24th June 2021
Source: www.wilberforce.co.uk
‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’
Wilberforce Chambers, 24th June 2021
Source: www.wilberforce.co.uk
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