Category: news

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Podcast on the Lachaux decision – 5RB

Posted October 20th, 2017 in confidentiality, defamation, media, news, privilege by sally

‘On Tuesday 10th October, 5RB held a panel discussion to review the recent Court of Appeal decision in Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd. and its ramifications for the serious harm threshold.’

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5RB, 19th October 2017

Source: www.5rb.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

Why bother with wellbeing? – Counsel

Posted October 20th, 2017 in barristers, mental health, news by sally

‘In the first of a new series, systemic coach Zita Tulyahikayo and James Pereira QC explain why supporting wellbeing should be an essential aspect of barristers’ and chambers’ practice.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Court of Appeal rules on special police services at football matches – Sports Law Bulletin from Blackstone Chambers

Posted October 20th, 2017 in news, police, sport by sally

‘Should a football club be required to pay for policing on match days in areas next to the stadium, which are public land, but over which the club exercises some degree of control?’

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Sports Law Bulletin from Blackstone Chambers, 12th October

Source: www.sportslawbulletin.org

Tax Raid on Premier League club lawful – Sports Law Bulletin from Blackstone Chambers

Posted October 20th, 2017 in fraud, news, search & seizure, sport, taxation, warrants by sally

‘Newcastle United has failed in its attempt to quash HMRC’s search warrant for documents involving suspected major tax fraud.’

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Sports Law Bulletin from Blackstone Chambers, 11th October

Source: www.sportslawbulletin.org

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, brexit, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

CQC improving but must tackle issues in regulation activities: watchdog – Local Government Lawyer

Posted October 20th, 2017 in auditors, community care, health, news, standards by sally

‘The Care Quality Commission (CQC) has improved as an organisation, but must overcome “some persistent issues with the timeliness of some of its regulation activities”, the National Audit Office (NAO) has found.’

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Local Government Lawyer, 19th October 2017

Source: www.localgovernmentlawyer.co.uk

Decisions, decisions – Counsel

Posted October 20th, 2017 in barristers, news by sally

‘Is your chambers constitution the weakest link? Advocates for corporate change, Robin Jackson, David Barnes, Catherine Calder and Nick Rees explain how to re-structure for maximum decision-making effect.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Supreme Court: state immunity rules incompatible with Article 6 – UK Human Rights Blog

Posted October 20th, 2017 in diplomats, news, state immunity, unfair dismissal by sally

‘If you work for an embassy in London and are not a UK national, you cannot sue your employing state when you get unfairly dismissed. But if you enter a commercial contract with the same embassy, you can sue them.’

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UK Human Rights Blog, 20th October 2017

Source: ukhumanrightsblog.com

Foster care abuse victims urged to speak out after ruling – BBC News

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability, victims by sally

‘A woman who won a “landmark” legal battle against a council after being abused by foster parents as a child has urged more victims to speak out.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk

UK legislates for a future of driverless and electric cars – OUT-LAW.com

Posted October 20th, 2017 in accidents, artificial intelligence, insurance, news, road traffic by sally

‘New legislation designed to support the use of electric and driverless cars has been proposed by the UK government.’

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OUT-LAW.com, 19th October 2017

Source: www.out-law.com

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

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UK Constitutional Law Association, 16th October 2017

Source: ukconstitutionallaw.org

Family Drug and Alcohol Court and councils to receive £6m+ from social impact bond – Local Government Lawyer

Posted October 20th, 2017 in alcohol abuse, courts, drug abuse, local government, news by sally

‘The Family Drug and Alcohol Court (FDAC) and partner local authorities are to receive £6.2m over seven years through a social impact bond to support its work within the family court system, the Government has announced.’

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Local Government Lawyer, 18th October 2017

Source: www.localgovernmentlawyer.co.uk

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in brexit, EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

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RightsInfo, 19th October 2017

Source: rightsinfo.org

Black and Muslim prisoners suffer worse treatment, study finds – The Guardian

Posted October 20th, 2017 in equality, mental health, news, prisons, race discrimination, religious discrimination by sally

‘Black and Muslim offenders are more likely to be badly treated in prison, leading to poorer outcomes and mental health concerns, research has found.’

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The Guardian, 19th October 2017

Source: www.theguardian.com

Salford woman who forced boy, 11, into sex jailed – BBC News

Posted October 20th, 2017 in child abuse, news, sentencing, sexual offences by sally

‘A woman who forced an 11-year-old boy into having sex with her has been jailed for 15 years.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk