Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

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Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

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Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Johnny Depp case: What are the libel laws and how do they work? – BBC News

Posted July 28th, 2020 in defamation, defences, media, news by sally

‘After weeks of revelations and accusations in court about his personal relationships, actor Johnny Depp’s mammoth legal action against The Sun for libel is coming to an end – with a judgement expected at the end of the summer.’

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BBC News, 28th July 2020

Source: www.bbc.co.uk

Campaigners welcome decision to end ‘rough sex’ defence: ‘The criminal justice system has failed so many women’ – The Independent

Posted July 2nd, 2020 in consent, defences, homicide, news, prosecutions by tracey

‘Campaigners have welcomed the government’s decision to address the rising number of killers claiming women died during rough sex by ending the so-called “rough sex” defence.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

Why is the “illegality” defence back in the spotlight? – 4 New Square

Posted May 12th, 2020 in chambers articles, defences, illegality, news by sally

‘It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause of action is tarred by illegality. However, over recent years, the law has taken a variety of approaches to when illegality will provide a defence. With the issue about to come before the Supreme Court again, Helen Evans and Ian McDonald of 4 New Square explain.’

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4 New Square, 4th May 2020

Source: www.4newsquare.com

MPs to try to ban ‘rough sex’ murder defence in domestic abuse bill – The Guardian

Posted April 28th, 2020 in bills, defences, domestic violence, murder, news by sally

‘MPs are to try to outlaw the courtroom murder defence of “rough sex gone wrong” during parliamentary debates on the domestic abuse bill, as cases of domestic violence soar during the coronavirus lockdown.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Government considers law to curb use of ‘rough sex’ defence – The Guardian

Posted March 3rd, 2020 in bills, defences, domestic violence, homicide, news, sexual offences by sally

‘The government is examining what can be done to stop the use of the “rough sex” defence in courts to escape justice, officials have said, as a long-awaited domestic abuse bill finally returns to parliament.’

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The Guardian, 3rd March 2020

Source: www.theguardian.com

Rough sex murder defence: Why campaigners want it banned – BBC News

Posted January 23rd, 2020 in defences, murder, news by tracey

‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog

Posted September 2nd, 2019 in contribution, defences, motorcycles, news, personal injuries by sally

‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’

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Zenith PI Blog, 30th August 2019

Source: zenithpi.wordpress.com

High Court sets aside default judgment in £3m PI claim – Litigation Futures

Posted August 14th, 2019 in default judgments, defences, news, personal injuries, time limits by michael

‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’

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Litigation Futures, 14th August 2019

Source: www.litigationfutures.com

Criminal: General defences – Law Society’s Gazette

‘In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving. Even though dangerous driving does not inherently involve the use of force, there may be a need for responsive force in particular circumstances. The availability of the defence will depend on the force used in the driving in those circumstances. The court observed that it would be wrong for self-defence to be available when driving off to avoid injury but unavailable to nudge someone away when fearing violence.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

UK Laws Around Smacking Children Are Changing – Everything You Need to Know – The Independent

Posted November 23rd, 2017 in assault, children, corporal punishment, defences, news, parental rights by sally

‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’

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The Independent, 22nd November 2017

Source: www.independent.co.uk

Defending Private Prosecutions – 2 Hare Court

Posted February 21st, 2017 in defences, news, private prosecutions by sally

‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Child Abduction: the Article 13(b) defence and protective measures – Family Law Week

Posted October 20th, 2016 in child abduction, defences, domestic violence, news, treaties by tracey

‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’

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Family Law Week, 20th October 2016

Source: www.familylawweek.co.uk

Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk