chambers articles – Page 58 – Current Awareness

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

Posted October 30th, 2020 in appeals, burden of proof, chambers articles, child abuse, children, employment, employment tribunals, indecent photographs of children, news, school children, sexual offences, teachers, unfair dismissal, warrants by sally

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

3PB, 2nd October 2020

Source: www.3pb.co.uk

Causation in insurance law – a new interpretation? – Hardwicke Chambers

Posted October 30th, 2020 in causation, chambers articles, insurance, interpretation, news by sally

‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’

Hardwicke Chambers, 6th October 2020

Source: hardwicke.co.uk

SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers

Posted October 30th, 2020 in banking, chambers articles, financial regulation, financial services ombudsman, interest, news, rates by sally

‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’

Henderson Chambers, 7th October 2020

Source: www.hendersonchambers.co.uk

What To Do About London’s Roof Tops – The 36 Group

Posted October 30th, 2020 in chambers articles, codes of practice, housing, local government, London, news, planning by sally

‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’

The 36 Group, October 2020

Source: 36group.co.uk

Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers

Posted October 30th, 2020 in chambers articles, Court of Protection, disabled persons, news by sally

‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’

Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Overturning a coroner’s verdict – 5SAH

Posted October 28th, 2020 in appeals, bereavement, chambers articles, coroners, families, inquests, news by sally

‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’

5SAH, 20th October 2020

Source: www.5sah.co.uk

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, damages, housing, news, personal injuries by sally

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

Recovery against insolvent estates – The 36 Group

Posted October 28th, 2020 in administrators, assets recovery, bereavement, care homes, chambers articles, executors, insolvency, local government, news by sally

‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’

The 36 Group, 26th October 2020

Source: 36group.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

Posted October 28th, 2020 in appeals, chambers articles, compensation, doctors, fraud, insurance, news, personal injuries, police, wrongful arrest by sally

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

Posted October 28th, 2020 in appeals, arbitration, chambers articles, contracts, foreign jurisdictions, injunctions, news, Russia, Supreme Court by sally

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

Littleton Chambers, 9th October 2020

Source: littletonchambers.com

Possession Proceedings: Where are they now? – Tanfield Chambers

Posted October 23rd, 2020 in chambers articles, civil procedure rules, coronavirus, debts, housing, landlord & tenant, news, practice directions, rent, repossession by sally

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Court of Protection Newsletter #20 – Spire Barristers

Posted October 23rd, 2020 in chambers articles, Court of Protection, news by sally

‘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, 8th October 2020

Source: spirebarristers.co.uk

Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments – St Philips Barristers

Posted October 23rd, 2020 in chambers articles, codes of practice, learning difficulties, mental health, news, sentencing by sally

‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’

St Philips Barristers, 7th October 2020

Source: st-philips.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

Posted October 21st, 2020 in appeals, arbitration, chambers articles, conflict of laws, fire, foreign jurisdictions, insurance, jurisdiction, news, Russia, Supreme Court by sally

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

Divorcing A Parent – Pallant Chambers

Posted October 21st, 2020 in chambers articles, children, divorce, families, news, parental responsibility by sally

‘A spoilt teenager may selfishly cry “I wish you weren’t my mum / dad anymore!” for dramatic effect, but in other families this can be the genuine plea of an abused child. Their desire to cut ties and to restrict the abusive parent’s involvement in their lives is usually understandable but is not always easy to do.’

Pallant Chambers, 19th October 2020

Source: www.pallantchambers.co.uk

Furlough and administration: when is a contract of employment ‘adopted’? – Exchange Chambers

Posted October 21st, 2020 in administrators, appeals, chambers articles, contract of employment, coronavirus, employment, insolvency, news by sally

‘The Coronavirus Job Retention Scheme (the scheme) has been ground breaking for employers, employees and administrators of insolvent companies, each of whom have swiftly adjusted to the practical and commercial effects of the scheme. The scheme very quickly gave rise to applications to the High Court, by administrators of high-profile companies, for directions as to whether a contract of employment of a “furloughed employee” had been “adopted” by an administrator. If it was, the “wages or salary” (which are defined by paragraph 99(6) of schedule B1 of the Insolvency Act 1986 (the Act) to include holiday pay and sick pay) would have super-priority over (a) the administrators’ remuneration and (b) a floating charge, under paragraph 99(3) and (4) of schedule B1 of the Act.’

Exchange Chambers, 13th October 2020

Source: www.exchangechambers.co.uk

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