chambers articles – Page 71 – Current Awareness

Inquest concludes into death of IPP prisoner Charlotte Nokes seven years over original tariff – Garden Court Chambers

Posted March 24th, 2020 in chambers articles, death in custody, inquests, news, sentencing, standards by sally

‘The inquest into the death of Charlotte Nokes has concluded with the jury finding her death was by ‘natural causes’. Charlotte was 38 when she was found dead in her cell in HMP Peterborough on the morning of 23 July 2016. She was serving an indefinite Imprisonment for Public Protection (IPP) sentence and was over seven years over the minimum tariff when she died.’

Garden Court Chambers, 4th March 2020

Source: www.gardencourtchambers.co.uk

Coronavirus, sport & the law of frustration and force majeure – Sports Law Bulletin from Blackstone Chambers

Posted March 23rd, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. Nick De Marco QC discusses the legal issues in sport arising from the worldwide health crisis.’

Sports Law Bulletin from Blackstone Chambers, 13th March 2020

Source: www.sportslawbulletin.org

Occupier’s Liability – Who Do You Owe a Duty of Care To? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, duty of care, news by sally

‘The 1957 Act was enacted to regulate the duty of care which an occupier of premises owes to its visitors. The occupier owes the same duty of care to all its visitors, except in so far as the duty may be extended, restricted, modified or excluded in some circumstances.’

Becket Chambers, 4th March 2020

Source: becket-chambers.co.uk

Coronavirus and Information Law – Panopticon

Posted March 23rd, 2020 in bills, chambers articles, coronavirus, data protection, news by sally

‘Here are some initial responses to the Coronavirus pandemic from an information law perspective.’

Panopticon, 20th March 2020

Source: panopticonblog.com

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

3PB, 9th March 2020

Source: www.3pb.co.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

Posted March 23rd, 2020 in chambers articles, child arrangements orders, children, contact orders, families, human rights, immigration, news by sally

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

COVID-19 and school places for critical sector workers: one parent or two? – Education Blog

Posted March 23rd, 2020 in chambers articles, children, coronavirus, health, news, parental rights, school children by sally

‘The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. I have heard reports of schools seeking to limit their intake to only those children for whom both parents are critical sector workers. In one case, this puts at jeopardy the running of a large special school which itself is essential to the delivery of a large part of this new policy, namely the continued education of children with EHC plans.’

Education Blog, 20th March 2020

Source: education11kbw.com

Mediation – a way forward? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, civil justice, dispute resolution, news by sally

‘Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”?’

Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

The 36 Group, 4th March 2020

Source: 36group.co.uk

Long term disability benefits: it all depends on the contract – 3PB

Posted March 23rd, 2020 in benefits, chambers articles, contract of employment, disability discrimination, employment, employment tribunals, news, unfair dismissal by sally

‘This appeal concerned a provision about long term disability benefit (“LTDB”) which formed part of the Claimant’s contract of employment. It provided for the employee to receive a Disability Income of 2/3rds of his Base Annual Salary less the State Invalidity Pension should he be absent from, and unable to, work due to sickness or injury for a continuous period of twenty-six weeks or more, which would commence twenty-six weeks after the start of his absence and continue until the earlier date of his “return to work, death or retirement”.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

Posted March 20th, 2020 in appeals, banking, chambers articles, contracts, disclosure, fiduciary duty, news, privilege, solicitors by sally

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

Posted March 20th, 2020 in chambers articles, damages, deportation, detention, documents, false imprisonment, government departments, Iraq, mental health, news, psychiatric damage by sally

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

Posted March 20th, 2020 in adverse possession, chambers articles, Church of England, land registration, news, tribunals by sally

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Thoughts on financial regulation in the time of Covid-19 – 11 KBW

Posted March 20th, 2020 in chambers articles, coronavirus, financial regulation, financial services ombudsman, news by sally

‘This note sets out some thoughts and information on the current crisis.’

11 KBW, 19th March 2020

Source: www.11kbw.com

Jhuti in the context of unfair dismissal proceedings – 3PB

Posted March 20th, 2020 in chambers articles, employment, employment tribunals, news, sexual offences, unfair dismissal by sally

‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

Posted March 20th, 2020 in chambers articles, children, contact orders, families, family courts, news, parental rights by sally

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 20th, 2020 in appeals, chambers articles, costs, documents, gender, government departments, human rights, news, passports by sally

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

Further Lessons from Lehman Bros: The Court’s Control of Office Holders – Hardwicke Chambers

Posted March 20th, 2020 in administrators, appeals, banking, chambers articles, coronavirus, debts, insolvency, news by sally

‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’

Hardwicke Chambers, 17th March 2020

Source: hardwicke.co.uk

Court of Protection Newsletter #18 – Spire Barristers

Posted March 19th, 2020 in chambers articles, coronavirus, Court of Protection, news by sally

‘Welcome to the March 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, 18th March 2020

Source: spirebarristers.co.uk

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