‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’
Drystone Chambers, 12th September 2023
Source: www.drystone.com
‘The net for potential accessories present at the scene of a crime is cast far wider than is often first appreciated. That is particularly so where a permissible inference of encouragement applies.’
Mountford Chambers, 21st September 2023
Source: www.mountfordchambers.com
‘Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. His request to attend the hearing remotely by video link from Connecticut was refused.’
Gatehouse Chambers, 15th September 2023
Source: gatehouselaw.co.uk
‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’
Doughty Street Chambers, 4th September 2023
Source: insights.doughtystreet.co.uk
‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’
Falcon Chambers, 18th September 2023
Source: www.falcon-chambers.com
‘Dispute Resolution analysis: The High Court has granted default judgment on part of a counterclaim against the Ras Al Khaimah Investment Authority in a long-running set of proceedings, following the decision by the Investment Authority to take no further part in the proceedings. However, following submissions made by Additional Defendants in the proceedings, another part of the counterclaim will proceed to trial in 2024.’
Gatehouse Chambers, 4th September 2023
Source: gatehouselaw.co.uk
‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’
Hailsham Chambers, 4th September 2023
Source: www.hailshamchambers.com
‘This case found its way to the Court of Appeal by way of an appeal against sentence. Before considering that sentence, the Court had to resolve a question raised by the Registrar of Criminal Appeals about the lawfulness of the sentence passed in the Crown Court because of procedural errors at the first hearing in the magistrates’ court.’
Guildhall Chambers, 8th September 2023
Source: www.guildhallchambers.co.uk
‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’
Park Square Barristers, 26th September 2023
Source: www.parksquarebarristers.co.uk
‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’
Tanfield Chambers, 28th September 2023
Source: www.tanfieldchambers.co.uk
‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’
Garden Court Chambers, 15th September 2023
Source: www.gardencourtchambers.co.uk
‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’
Gatehouse Chambers, 15th September 2023
Source: gatehouselaw.co.uk
‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’
3PB, 5th September 2023
Source: www.3pb.co.uk
‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’
Becket Chambers, 1st September 2023
Source: becket-chambers.co.uk
‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’
Guildhall Chambers, 25th September 2023
Source: www.guildhallchambers.co.uk
‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’
Mountford Chambers, 8th September 2023
Source: www.mountfordchambers.com
‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’
Park Square Barristers, 14th September 2023
Source: www.parksquarebarristers.co.uk
‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’
Tanfield Chambers, 15th September 2023
Source: www.tanfieldchambers.co.uk
‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’
Tanfield Chambers, 14th September 2023
Source: www.tanfieldchambers.co.uk
© Inner Temple Library 2024