chambers articles – Page 8 – Current Awareness

The More Things Change, the More Things Stay the Same: Proposed Amendments to the Constitution of Panels in Police Misconduct Proceedings – Mountford Chambers

Posted November 14th, 2023 in chambers articles, disciplinary procedures, news, police, professional conduct by sally

‘To quote a treasured line from a favourite TV show – “Time is a Flat Circle”. So it appears to be in the world of Police Misconduct panels where, after seven years of Legally Qualified Chairs (‘LQCs’), there are fresh proposals from the government for the reins to be handed back to senior officers to chair panels determining officer misconduct.’

Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Deaths, daughters-in-law, and delay in 1975 Act claims – Archibald v Stewart & Another [2023] EWHC 2515 (CH) – New Square Chambers

Posted November 14th, 2023 in chambers articles, families, news, wills by sally

‘In this article, Millie Rai, discusses the recent High Court decision in Archibald v Stewart & Another [2023]. She delves into the Inheritance (Provision for Family and Dependants) Act 1975, focusing on key issues such as the survival of 1975 Act claims after the claimant’s death, the eligibility of claimants, and the permission to bring claims out of time. The case clarifies important aspects of 1975 Act claims and provides valuable insights for legal practitioners.’

New Square Chambers, 30th October 2023

Source: www.newsquarechambers.co.uk

King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

Pallant Chambers, 13th October 2023

Source: www.pallantchambers.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

Littleton Chambers, 24th October 2023

Source: littletonchambers.com

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

Posted November 9th, 2023 in appeals, banking, chambers articles, compensation, insurance, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

The extension of fixed costs – two steps forward and five steps back – Exchange Chambers

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’

Exchange Chambers, 13th October 2023

Source: www.exchangechambers.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

Posted November 9th, 2023 in appeals, chambers articles, employment, holiday pay, news, Northern Ireland, police, Supreme Court by sally

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

Pensions Barrister, 9th November 2023

Source: www.pensionsbarrister.com

What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news, noise, personal injuries by sally

‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’

Farrar's Building, 20th October 2023

Source: www.farrarsbuilding.co.uk

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

Posted November 9th, 2023 in building law, chambers articles, construction industry, health & safety, housing, landlord & tenant, news by sally

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

Marine Environmental Law in the UK: Overview of Current and Proposed Steps – Francis Taylor Building

Posted November 8th, 2023 in chambers articles, environmental health, environmental protection, news, water by sally

‘The marine environment is important in many ways. It is vital, therefore, that it is protected. This article explores the current policy and targets in relation to the marine environment around England, both in respect of nature protection and recovery, and targets for renewable energy. It then discusses mechanisms to meet these targets and how these will potentially work together.’

Francis Taylor Building, 25th October 2023

Source: www.ftbchambers.co.uk

Fessing Up: A Note on Pre-Action Admissions – St Philips Barristers

Posted November 8th, 2023 in appeals, chambers articles, civil procedure rules, news, pre-action conduct by sally

‘This brief article considers the law on admissions made before the commencement of proceedings in the context of the recent revision of Part 14 of the CPR.’

St Philips Barristers, 24th October 2023

Source: st-philips.com

Development agreements: the contractual duty to act in good faith – Tanfield Chambers

Posted November 8th, 2023 in chambers articles, construction industry, contracts, news by sally

‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’

Tanfield Chambers, 25th October 2023

Source: www.tanfieldchambers.co.uk

1975 Act claims – Is the net estate enough? – St John’s Chambers

Posted November 8th, 2023 in bereavement, chambers articles, families, news, wills by sally

‘Commercial and chancery barrister, Natasha Dzameh has published an article in the Autumn 2023 edition of Entitlement. In this she reviews the 1975 Act case of Amnir v Bala [2023] EWHC 1054 (Ch) where the competing claims meant the seven figure estate was not enough. The parties incurred over £700,000 in legal costs despite there being no active defence after the CCMC.’

St John's Chambers, 16th October 2023

Source: www.stjohnschambers.co.uk

Public Law Newsletter: Oct 23 – Spire Barristers

Posted November 8th, 2023 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter October 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

Spire Barristers, 3rd October 2023

Source: www.spirebarristers.co.uk

Environmental Law News Update – Six Pump Court

Posted November 8th, 2023 in chambers articles, climate change, environmental protection, government departments, judicial review, licensing, news, pollution by sally

‘“The absence of a suitable test or target for the reduction of Scope 3 emissions”: High Court challenge fails, and the Government Calls for Evidence”.’

Six Pump Court, 31st October 2023

Source: 6pumpcourt.co.uk

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

Posted November 8th, 2023 in building law, chambers articles, construction industry, health & safety, housing, landlord & tenant, news by sally

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers

Posted November 8th, 2023 in chambers articles, civil procedure rules, costs, news, probate by sally

‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’

Wilberforce Chambers, 30th October 2023

Source: www.wilberforce.co.uk

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

Posted October 19th, 2023 in chambers articles, employment tribunals, foreign jurisdictions, news, transfer of undertakings by sally

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

3PB, 1st September 2023

Source: www.3pb.co.uk

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