‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
‘Unlike most visa routes, partner visas do not have any specific residence requirements or prescribed limits on the number of days of absences from the UK.’
Richmond Chambers, 18th February 2020
Source: immigrationbarrister.co.uk
‘Two important protocols have been revised that apply to social housing providers with effect from 13 January 2020.’
St Ives Chambers, 4th February 2020
Source: www.stiveschambers.co.uk
‘Towards the end of last year, the General Regulatory Chamber of the First-Tier Tribunal (‘FTT’) determined an appeal by the owner of a 46-acre greenfield site against the decision of the local authority, Winchester City Council, to list the land as an Asset of Community Value (‘ACV’).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’
St Ives Chambers, February 2020
Source: www.stiveschambers.co.uk
‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’
Francis Taylor Building, 14th February 2020
Source: www.ftbchambers.co.uk
‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’
St Ives Chambers, 6th February 2020
Source: www.stiveschambers.co.uk
‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.’
Richmond Chambers, 10th February 2020
Source: immigrationbarrister.co.uk
‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’
Radcliffe Chambers, 5th February 2020
Source: radcliffechambers.com
‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’
Parklane Plowden Chambers, 5th February 2020
Source: www.parklaneplowden.co.uk
‘Gethin Thomas consider the implications of the Net Zero target enshrined in the Climate Change Act 2008 for regional airport expansion.’
39 Essex Chambers, 10th February 2020
Source: www.39essex.com
‘Robin Allen QC spoke on “Artificial intelligence, machine learning, Algorithms and discrimination law: The new frontier” at Michael Rubenstein’s Annual Discrimination Law Conferences in London and Edinburgh this month.’
Cloisters, 7th February 2020
Source: www.cloisters.com
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