Private Family Law: Children Summary of Recent Case Law – October to December 2019 – Becket Chambers
‘This was a public law case which may have relevance in private law proceedings.’
Becket Chambers, 21st February 2020
Source: becket-chambers.co.uk
Category: chambers articles
The expansion of a director duty to act in the interests of the company – Hardwicke Chambers
‘A director’s duty to act in good faith in the interests of the company is the cornerstone of a director’s position. This long standing obligation was revamped in the Companies Act 2006 with the introduction of a new requirement that directors should have regard to a package of concerns reflecting what has been described as “enlightened shareholder value”. Following the enactment of section 172 of the Companies Act 2006, when determining what is in the interests of the company, directors are required to look beyond the pursuit of profit and consider various factors and third parties stakeholders who could be affected by the decision.’
Hardwicke Chambers, 24th February 2020
Source: hardwicke.co.uk
Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers
‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers
‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’
Old Square Chambers, 24th February 2020
Source: www.oldsquare.co.uk
Roundheads and Cavaliers – Ropewalk Chambers
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers
‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘Full of sound and fury, Signifying nothing’? – 6KBW College Hill
‘It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]. The public policy grounds for this are obvious; justifying conduct breaching a court order on the basis that the defendant took the view, rightly or wrongly, that the order was invalid would undermine the central principle of legal certainty. Therefore, the correct time to mount such a challenge was before any conduct had taken place that breached the order. This has, of course, the effect of holding individuals liable for breaches of orders that should never have existed in the first place.’
6KBW College Hill, 20th February 2020
Source: blog.6kbw.com
The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH
‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’
5 SAH, 25th February 2020
Source: www.5sah.co.uk
British citizen children and entry clearance – Richmond Chambers
‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’
Richmond Chambers, 21st February 2020
Source: immigrationbarrister.co.uk
Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers
‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’
Hailsham Chambers, 21st February 2020
Source: www.hailshamchambers.com
Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’
Six Pump Court, 19th February 2020
Source: www.6pumpcourt.co.uk
Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers
‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
Rebecca Hill examines the key legal themes in Extradition Proceedings from 2019 – 5 SAH
‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’
5 SAH, 21st February 2020
Source: www.5sah.co.uk
“The Magnitsky Act – What Now for the Future in the UK” An Article by Lesley Manley – Church Court Chambers
‘The “Magnitsky Act” is a trailblazing piece of legislation enacted by the United States. Lesley Manley looks at developments thus far in the UK and considers how the UK jurisdictions will proceed following the withdrawal from the European Union.’
Church Court Chambers, 26th February 2020
Source: churchcourtchambers.co.uk
Developments since Keyworker Homes – Exchange Chambers
‘In a judgment which disagreed with the recently reported decisions of Re Skeggs Beef Limited[2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found:
1) Notices of Intention to Appoint Administrators (“NOI”) can be filed at any time via e-filing and take effect at the time they are filed via e-filing.
2) Directors or the Company can make out of hours appointments of Administrators by filing a Notice of Appointment (“NOA”) at any time via e-filing. The appointment will take effect at the time the documents are filed via e-filing.
3) That for the purposes of the computation of the period of 10 business days pursuant to para 28(2) of Sch.B1 of the Insolvency Act 1986, the first business day will be the business day after the date on which the NOI was filed – thus it is a ‘clear days’ calculation.’
Exchange Chambers, 20th February 2020
Source: www.exchangechambers.co.uk
Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London – Garden Court Chambers
‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’
Garden Court Chambers, 25th February 2020
Source: www.gardencourtchambers.co.uk
Tecnicas Reunidas Saudia for Services and Contracting Co. Ltd. v. Korea Development Bank – Atkin Chambers
‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’
Atkin Chambers, 20th February 2020
Source: www.atkinchambers.com
Dual criminality in extradition proceedings – 5 SAH
‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’
5 SAH, 20th February 2020
Source: www.5sah.co.uk
Out of the Ordinary: Rob Hunter and Bethany Sanders on the Courts’ Approach to Life Expectancy Evidence – Devereux Chambers
‘In this December article for Personal Injury Focus, Devereux’s Rob Hunter and Bethany Sanders of Leigh Day explore the complexity of life expectancy evidence, providing background, comment, and practice advice on the issue.’
Devereux Chambers, 14th February 2020
Source: www.devereuxchambers.co.uk
