The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers

Posted February 14th, 2020 in chambers articles, environmental protection, local government, news, planning by sally

‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Overstaying and applying for further leave to remain – Richmond Chambers

Posted February 11th, 2020 in chambers articles, immigration, news by sally

‘When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.’

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Richmond Chambers, 10th February 2020

Source: immigrationbarrister.co.uk

Challenging suspicious wills – Radcliffe Chambers

Posted February 11th, 2020 in chambers articles, fraud, news, undue influence, wills by sally

‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’

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Radcliffe Chambers, 5th February 2020

Source: radcliffechambers.com

Parental Contact – Private v Public Law Proceedings – Parklane Plowden Chambers

Posted February 11th, 2020 in chambers articles, children, contact orders, news, parental rights by sally

‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’

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Parklane Plowden Chambers, 5th February 2020

Source: www.parklaneplowden.co.uk

Destination: Net Zero – Airport Expansion and Climate Change – 39 Essex Chambers

Posted February 11th, 2020 in airports, chambers articles, climate change, news by sally

‘Gethin Thomas consider the implications of the Net Zero target enshrined in the Climate Change Act 2008 for regional airport expansion.’

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39 Essex Chambers, 10th February 2020

Source: www.39essex.com

“Artificial intelligence, machine learning, Algorithms and discrimination law: The new frontier” – Cloisters

Posted February 11th, 2020 in artificial intelligence, chambers articles, equality, news by sally

‘Robin Allen QC spoke on “Artificial intelligence, machine learning, Algorithms and discrimination law: The new frontier” at Michael Rubenstein’s Annual Discrimination Law Conferences in London and Edinburgh this month.’

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Cloisters, 7th February 2020

Source: www.cloisters.com

Insolvency View – New Square Chambers

Posted February 11th, 2020 in chambers articles, insolvency, news by sally

‘The newsletter features a series of reviews by our insolvency specialists, covering the latest major cases.’

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New Square Chambers, 6th February 2020

Source: www.newsquarechambers.co.uk

Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani) – 4 New Square

‘Banking & Finance analysis: Ben Archer, barrister, at 4 New Square, examines a High Court decision that a guarantee given by the first defendant company director to secure the company’s liabilities to the claimant bank was enforceable but a similar guarantee given by the second defendant company director, who was the first defendant’s wife, was not enforceable as her execution of it had resulted from his undue influence.’

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4 New Square, 7th February 2020

Source: www.4newsquare.com

The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill

Posted February 11th, 2020 in chambers articles, genocide, international courts, international law, news, torture by sally

‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’

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6KBW College Hill, 11th February 2020

Source: blog.6kbw.com

Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law

Posted February 11th, 2020 in brexit, chambers articles, EC law, news, treaties by sally

‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’

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Brexit Law, 11th February 2020

Source: brexit.law

Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers

Posted February 6th, 2020 in adoption, chambers articles, human rights, news, notification, paternity by sally

‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’

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Parklane Plowden Chambers, 29th January 2020

Source: www.parklaneplowden.co.uk

VAT on; VAT off: Martial Arts and the Education Exemption – 3PB

Posted February 6th, 2020 in chambers articles, education, news, sport, VAT by sally

‘In the 1984 film Karate Kid, Mr Miyagi admonished Daniel: “I say; you do. No questions”. However, with VAT, there are always questions.’

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3PB, 29th January 2020

Source: www.3pb.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

For the Love of Money: Exploring the Decision in the Saracens Salary Cap Case – Sports Law Bulletin from Blackstone Chambers

Posted February 6th, 2020 in chambers articles, news, remuneration, sport by sally

‘In November 2019, an Independent Panel of Premiership Rugby handed down its eagerly anticipated decision concerning the Club’s alleged breaches of the Premiership Rugby Salary Regulations (the “Regulations”), which impose salary caps on elite rugby clubs.’

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Sports Law Bulletin from Blackstone Chambers, 29th January 2020

Source: www.sportslawbulletin.org

Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk

Posted February 6th, 2020 in chambers articles, hospitals, news, personal injuries by sally

‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’

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12 King's Bench Walk, 31st January 2020

Source: www.12kbw.co.uk

Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020) – Parklane Plowden Chambers

Posted February 6th, 2020 in chambers articles, health & safety, news, personal injuries by sally

‘The Claimant sustained serious head injuries when he fell from the back of a vehicle when delivering goods in the course of his employment with the Defendant. The tail lift on the vehicle had been lowered by the Claimant. Shortly afterwards he had either stepped backwards or lost his footing, falling approximately one metre to the ground.’

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Parklane Plowden Chambers, 3rd February 2020

Source: www.parklaneplowden.co.uk

What is “persecution” under the Refugee Convention? – Richmond Chambers

Posted February 6th, 2020 in asylum, chambers articles, news, refugees by sally

‘In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. The UNHCR Handbook notes at paragraph 51 that there is ‘no universally accepted definition of “persecution” and various attempts to formulate such a definition have met with little success’. Persecution has been defined in general terms in R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7, where Nolan J adopted the two dictionary definitions of the word: ‘to pursue, hunt, drive’ and ‘to pursue with malignancy or injurious action; especially to oppress for holding a heretical opinion or belief’. This post will examine the legal parameters of persecution.’

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Richmond Chambers, 31st January 2020

Source: immigrationbarrister.co.uk

Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, choice of forum, disclosure, jurisdiction, news by sally

‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’

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Hardwicke Chambers, 4th February 2020

Source: hardwicke.co.uk

Crown Court (Recording and Broadcasting) Order 2020: Questions We Should Be Asking – KCH Garden Sq

Posted February 6th, 2020 in chambers articles, Crown Court, media, news, video recordings by sally

‘When we think of televised court proceedings our minds instantly turn to the catchy maxim – ‘if it doesn’t fit, you must acquit’. Johnnie Cochran’s words, spoken during the defence team’s closing argument of OJ Simpson’s trial, came to embody a sensational trial which was televised over 134 days. And who can forget the footage of OJ, putting on the black gloves and showing his hands to the judge and jury? Then we fast forward to 2016, and the world watched as Oscar Pistorius – Paralympic champion and breaker of glass ceilings – walked across the courtroom on his stumps at his resentencing hearing for the murder of Reeva Steenkamp.’

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KCH Garden Sq, 29th January 2020

Source: kchgardensquare.co.uk