chambers articles – Page 60 – Current Awareness

A Conflict at the Heart of the Planning White Paper (And Some Skateboarding References)- Guildhall Chambers

Posted August 28th, 2020 in chambers articles, consultations, government departments, housing, local government, news, planning by sally

‘Whilst much could be (and most of it has already been) written about the Government’s recent white paper on planning, two things struck me in particular.

First, how generous of Whitehall to offer such fertile ground to article-writing lawyers and other commentators searching for occupation during Covid-enforced idleness. There is only so much nourishment available via Zoom, and anyway, in terms of professional development, thanks to my planning bar colleagues and their prodigious supply of webinars (manifestly exceeding the need, whether assessed on a 5 year supply, standardised, or any other basis of your choice) all of us now know literally everything about the current policy and legislative regime that there is to know. Or at least, most of us do. Others have employed the unexpected gift of time more imaginatively: my two young sons and I, for example, are on the verge of perfecting the Frontside 180, which I reckon isn’t at all bad for three pre-lockdown non-skateboarders.’

Guildhall Chambers, 25th August 2020

Source: www.guildhallchambers.co.uk

Reopening Workplaces: Considerations for Commercial Landlord and Tenants – Thomas More Chambers

Posted August 27th, 2020 in chambers articles, coronavirus, health & safety, landlord & tenant, news by sally

‘With more businesses reopening their previously closed premises and following the Prime Minister’s recent encouragement for employees to return to work, it is important that commercial landlords and tenants consider their statutory health and safety obligations and enact all appropriate measures.’

Thomas More Chambers, 5th August 2020

Source: www.thomasmore.co.uk

PI Fraud: when silence can be FD – Park Square Barristers

Posted August 19th, 2020 in accidents, appeals, chambers articles, damages, disclosure, fraud, fundamental dishonesty, insurance, news, personal injuries by sally

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

The position on possession – Hardwicke Chambers

Posted August 19th, 2020 in chambers articles, civil procedure rules, coronavirus, debts, housing, landlord & tenant, news, practice directions, rent, repossession by sally

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

Fairness in “conducive to the public good” exclusion decisions – Garden Court Chambers

Posted August 19th, 2020 in chambers articles, criminal justice, deportation, immigration, news by sally

‘Exclusion decisions prohibit entry to the UK and are made under a non-statutory power exercised personally by the Home Secretary. They tend to be used against foreign national (non-EU) prisoners who have taken up the offer of assistance to leave the UK under the facilitated returns scheme. They are made on the basis that preventing the person’s return here is conducive to the public good.’

Garden Court Chambers, 5th August 2020

Source: www.gardencourtchambers.co.uk

Capacity and Serious Medical Treatment – Pump Court Chambers

Posted August 17th, 2020 in cancer, chambers articles, Court of Protection, disabled persons, hospitals, learning difficulties, medical treatment, news by sally

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

Posted August 17th, 2020 in chambers articles, construction industry, contracts, damages, negligence, news, stay of proceedings, striking out by sally

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

Successful TOEIC appellants to be granted 2.5 years Leave to Remain – Garden Court Chambers

Posted August 17th, 2020 in appeals, chambers articles, examinations, government departments, human rights, immigration, judicial review, news by sally

‘The Home Office has agreed that any TOEIC appellants who succeed in their appeals on Article 8 grounds, should be granted 2.5 years leave to remain.’

Garden Court Chambers, 4th August 2020

Source: www.gardencourtchambers.co.uk

Re Debenhams Retail: do the wages of furloughed employees enjoy super priority in an insolvency? – Hardwicke Chambers

Posted August 14th, 2020 in administrators, appeals, chambers articles, contract of employment, coronavirus, employment, insolvency, news, remuneration by sally

‘The Appellants were the Joint Administrators of Debenhams Retail Ltd (“the Company”), which had entered into administration on 9 April 2020. This had followed decisions in late March to place some 14,000 of its employees on furlough under the Government’s Coronavirus Job Retention Scheme (“the Scheme”).’

Hardwicke Chambers, 11th August 2020

Source: hardwicke.co.uk

Revisiting Force Majeure – St Ives Chambers

Posted August 14th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Firstly, it should be made clear that force majeure is a clause which allows a party or parties to an agreement to avoid performing it in some way. However, that is dependent on certain events as specified within the agreement occurring.’

St Ives Chambers, 3rd August 2020

Source: www.stiveschambers.co.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

Posted August 14th, 2020 in appeals, chambers articles, children, citizenship, fostering, immigration, jurisdiction, local government, news by sally

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Standing to bring a public procurement challenge—key considerations – Henderson Chambers

Posted August 14th, 2020 in chambers articles, contracts, local government, news, public procurement by sally

‘In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC).’

Henderson Chambers, 5th August 2020

Source: www.hendersonchambers.co.uk

Lord Chancellor accepts unlawfulness of new Legal Aid scheme for immigration and asylum appeals – Garden Court Chambers

Posted August 14th, 2020 in appeals, asylum, case management, chambers articles, consultations, coronavirus, fees, immigration, internet, legal aid, lord chancellor, news by sally

‘On 8 June 2020 the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) came into force. The Amendment Regulations established a new fee regime for the remuneration of legal aid providers for appellants whose asylum and immigration appeals are being dealt with under a new Online Procedure which had previously been in pilot phase, but was rolled out widely by the First-tier Tribunal (FtT) in mid-March 2020.’

Garden Court Chambers, 12th August 2020

Source: www.gardencourtchambers.co.uk

Section 233B of the Insolvency Act 1986: Implications for suppliers and debtor companies – Forum Chambers

Posted August 14th, 2020 in chambers articles, company law, enforcement, insolvency, news by sally

‘For over twenty years, section 233 of the Insolvency Act 1986 (“IA 1986”) has restricted the contractual freedom of parties, but only in the context of a narrow range of contracts for the supply of utilities such as gas, water and electricity when a company enters into a specified insolvency process. In 2015, further restrictions to the enforcement of insolvency related contract terms were introduced, though again only with regard to this narrow range of contracts. The new section 233B IA 1986, by contrast, is far broader in scope and puts a significant dent in the ability of parties to enforce and vary contractual terms. This article considers the implications of the new provision, which entered into force on 26 June 2020.’

Forum Chambers, 10th August 2020

Source: www.forumchambers.com

Challenging the Commission on Race and Ethnic Disparities – Doughty Street Chambers

Posted August 14th, 2020 in chambers articles, equality, homosexuality, inquiries, judicial review, news, race discrimination, racism, sexual orientation discrimination by sally

‘The recent appointment of Dr Tony Sewell as head of the Commission on Race and Ethnic Disparities has been cause for concern for racial justice campaigners. In an article in Prospect magazine, Dr Sewell stated that he believed institutional racism has given black children “the discourse of the victim” and he has recently had to apologise for making “wrong and offensive” comments about gay men.’

Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

ThoughtLeaders4 HNW Divorce: The Legal Implications of Donor Insemination – Pump Court Chambers

Posted August 13th, 2020 in artificial insemination, chambers articles, children, families, news, parental responsibility, parental rights by sally

‘From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ egg/embryo donation, or children born via a surrogate or are adopted. Despite dedicated legislation in the form of HEFA 1990 and 2008, the law is in a permanent state of catch-up with the advances in medical reproductive technologies. Novel legal issues are emerging, which the law has had to respond to, and grapple with.’

Pump Court Chambers, 12th August 2020

Source: www.pumpcourtchambers.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

Posted August 13th, 2020 in appeals, chambers articles, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

Posted August 12th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, mental health, news, professional conduct, unfair dismissal by sally

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

3PB, 3rd August 2020

Source: www.3pb.co.uk

Novichok inquest to examine possible responsibility of Russian state for the death of Dawn Sturgess – 2 Hare Court

Posted August 12th, 2020 in chambers articles, human rights, inquests, judicial review, news, Russia, unlawful killing by sally

‘The poisoning of the former Russian double agent, Sergei Skripal, and his daughter Yulia in Salisbury in March 2018 was a truly shocking event. It was another throwback to the Cold War with the nerve agent, Novichok, playing the deadly role assumed by radioactive polonium in the 2006 assassination of Alexander Litvinenko in London.’

2 Hare Court, 6th August 2020

Source: www.2harecourt.com

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

Posted August 12th, 2020 in Administrative Court, chambers articles, disclosure, news, proceeds of crime, Serious Fraud Office by sally

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

5SAH, 30th July 2020

Source: www.5sah.co.uk

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