Gender Reassignment Protection Within the Equality Act 2010 – Parklane Plowden Chambers

‘Protection for individuals who are transgender is conferred by Section 7 of the Equality Act 2010 which makes ‘gender reassignment’ a protected characteristic.’

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Parklane Plowden Chambers, 4th October 2023

Source: www.parklaneplowden.co.uk

Special Contributions in Family Law – 33 Bedford Row

‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’

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33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

Serious Crime Bulletin – Issue 3 – October 2023 – Red Lion Chambers

Posted November 22nd, 2023 in chambers articles, criminal justice, news by sally

‘The Serious Crime Bulletin is a quarterly brief providing a snapshot of prominent decisions and news with implications for general crime practitioners.’

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Red Lion Chambers, 27th October 2023

Source: redlionchambers.co.uk

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Family Law Update: October 2023 – 5SAH

Posted November 22nd, 2023 in chambers articles, families, family courts, news by sally

‘The update features the following articles:

– London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC.​
– Niamh Wilkie Features in FT Adviser: Navigating Maintenance Order Rules Post-Brexit.
– Mark Smith features in Family Law Journal: Extradition and family proceedings: where does the balance lie?
– Maria Scotland Features in Spear’s: Divorcing In Dubai: Should Wealthy Expats Worry About New UAE Family Laws?’

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5SAH, 2nd October 2023

Source: www.5sah.co.uk

Secretaries of State grant London Luton Airport Operations Ltd’s s73 Application to Fly 1 million more Passengers per annum – 39 Essex Chambers

Posted November 21st, 2023 in airlines, airports, chambers articles, news by sally

‘On 13 October 2023 the Secretary of State for Transport and the Secretary of State for Levelling Up, Housing and Communities granted an application made under s73 Town and Country Planning Act 1990 by London Luton Airport Operations Limited (‘LLAOL’) to amend planning conditions attached to its planning permission. The grant of consent allows LLAOL to fly an additional one million passengers per annum. The decision followed a 6-week inquiry during 2022.’

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39 Essex Chambers, 16th October 2023

Source: www.39essex.com

Sentencing for breach of an Anti-Social Behaviour Injunction – Becket Chambers

Posted November 21st, 2023 in anti-social behaviour, chambers articles, injunctions, news, sentencing by sally

‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:

1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and

2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’

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Becket Chambers, 20th October 2023

Source: becket-chambers.co.uk

Lay Person’s Practical Guide to FDR – Becket Chambers

Posted November 21st, 2023 in chambers articles, financial dispute resolution, news by sally

‘Financial Disputes Resolution [FDR] is the name given to the hearing where the parties attend court to try and agree a settlement. It is a form of alternative dispute resolution in the court building.’

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Becket Chambers, 3rd October 2023

Source: becket-chambers.co.uk

Severance Denied: Diag Human v Volterra Fietta [; A Potential Public Policy Warning for Litigation Funders – Gatehouse Chambers

Posted November 21st, 2023 in agreements, chambers articles, champerty, enforcement, fees, news, remuneration, solicitors by sally

‘The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account. The decision in Diag Human v Volterra Fietta will ring alarm bells for litigation funders who might be contemplating launching similar arguments as a consequence of the Supreme Court’s decision in R (on the application of PACCAR) v Competition Appeal Tribunal.’

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Gatehouse Chambers, 10th October 2023

Source: gatehouselaw.co.uk

Rent Free Fitting Out Periods in 1954 Act Renewals – Gatehouse Chambers

Posted November 21st, 2023 in chambers articles, landlord & tenant, leases, news, rent by sally

‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’

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Gatehouse Chambers, 16th October 2023

Source: gatehouselaw.co.uk

BNE [2023]: Disclosure and the use of child decoy profiles in sexual communication cases – Park Square Barristers

‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’

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Park Square Barristers, 31st October 2023

Source: www.parksquarebarristers.co.uk

Vicarious Liability – where are we now? – Gatehouse Chambers

Posted November 21st, 2023 in causation, chambers articles, news, sexual grooming, vicarious liability by sally

‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Transforming Work-Life Balance: The U.K. Flexible Working Bill Achieves Royal Assent – Park Square Barristers

Posted November 21st, 2023 in bills, chambers articles, flexible working, news by sally

‘As of 1st October 2023, there is a seismic shift in the U.K.’s employment landscape. Thanks to the Employment Relations (Flexible Working) Bill receiving Royal Assent, British workers are set to gain even more control over their working conditions, thereby dramatically improving work-life balance.’

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Park Square Barrister, 3rd October 2023

Source: www.parksquarebarristers.co.uk

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

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Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Sentencing non-fatal strangulation and suffocation – R v Cook and recent updates from the Court of Appeal – Park Square Barristers

‘Introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and enshrined in law by s75A of the Serious Crime Act 2015, the offences of non-fatal suffocation and strangulation are increasingly being charged alongside other more common offences against the person as well as offences such as controlling and coercive behaviour.’

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Park Square Barristers, 10th October 2023

Source: www.parksquarebarristers.co.uk

Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers

Posted November 16th, 2023 in chambers articles, estoppel, housing, landlord & tenant, leases, news by sally

‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’

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Park Square Barristers, 11th October 2023

Source: www.parksquarebarristers.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

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Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

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Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk