news – Page 529 – Current Awareness

Bad Character: an essential guide to propensity evidence in health and safety prosecutions – Henderson Chambers

Posted November 3rd, 2021 in bad character, chambers articles, enforcement notices, health & safety, news by sally

‘The CJA 2003 introduced a sea-change in how bad character evidence was admitted in criminal proceedings. This article is a discussion on the important but difficult subject of when and how bad character evidence may be admitted in a health and safety prosecution. In particular, we consider applications to admit Enforcement Notices issued by the Health and Safety Executive where the prosecution seeks to rely on these Notices as evidence to prove the defendant’s propensity to offend.’

Henderson Chambers, 1st November 2021

Source: www.hendersonchambers.co.uk

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

Posted November 3rd, 2021 in appeals, bail, chambers articles, government departments, immigration, judicial review, news, rule of law, Supreme Court by sally

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

Posted November 3rd, 2021 in appeals, arbitration, chambers articles, enforcement, international courts, news, Supreme Court by sally

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Firearms Licensing Statutory Guidance 2021: the likely impact on firearms appeals – 5SAH

Posted November 3rd, 2021 in appeals, chambers articles, codes of practice, consultations, firearms, licensing, murder, news, offensive weapons by sally

‘On 20 October 2021 the government published the latest statutory guidance for Chief Officers of Police. It comes into force on 1 November 2021. Given that the consultation was in 2019 it is almost certain that the timing of its publication and much of its content are a direct result of the tragic events in Plymouth on 12 August 2021, where five people were killed and two others injured by a man using a semi-automatic shotgun for which he held a shotgun certificate. This prompted steps to make the process of obtaining and, in particular, retaining a firearms or shotgun certificate more robust.’

5SAH, 25th October 2021

Source: www.5sah.co.uk

Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB

Posted November 3rd, 2021 in chambers articles, company law, contracts, news by sally

‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’

3PB, 15th October 2021

Source: www.3pb.co.uk

Met police officers plead guilty over photos taken at scene of sisters’ deaths – The Guardian

Posted November 3rd, 2021 in misfeasance in public office, murder, news, photography, police, professional conduct, telecommunications, victims by sally

‘A police officer made degrading and sexist insults about two murdered women as he shared pictures from the scene where they were found with a colleague photographing their bodies and also sharing the images via WhatsApp.’

The Guardian, 2nd November 2021

Source: www.theguardian.com

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Bankruptcy Petitions – Petitioner Substitution r.10.27 and Change of Carriage r.10.29 – 33 Bedford Row

Posted November 3rd, 2021 in bankruptcy, chambers articles, debts, insolvency, news by sally

‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:

“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘

33 Bedford Row, 14th October 2021

Source: www.33bedfordrow.co.uk

Pro bono services “cannot keep up” with post-Covid demand – Legal Futures

Posted November 3rd, 2021 in coronavirus, law firms, legal services, news, pro bono work by sally

‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’

Legal Futures, 3rd November 2021

Source: www.legalfutures.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

Posted November 3rd, 2021 in benefits, bereavement, compensation, contracting out, families, government departments, inquests, mental health, negligence, news, suicide by sally

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

The Guardian, 3rd November 2021

Source: www.theguardian.com

The (Rebuttable) Presumption of Honesty – Hailsham Chambers

Posted November 2nd, 2021 in causation, fiduciary duty, loss of chance, negligence, news, set-off, solicitors by sally

‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’

Hailsham Chambers, 8th October 2021

Source: www.hailshamchambers.com

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

Posted November 2nd, 2021 in civil procedure rules, compensation, costs, damages, news, part 36 offers, personal injuries, set-off, Supreme Court by sally

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Defensive Advising Strategies 3: Risk Bargaining Between Adviser and Client – Wilberforce Chambers

Posted November 2nd, 2021 in barristers, fees, legal advice, news by sally

‘The concept of “risk bargaining” is not a term of art. However, I am sure that risk bargaining, as I describe it below, is something well-known to experienced professional advisers in their dealings with their clients.’

Wilberforce Chambers, 7th October 2021

Source: www.wilberforce.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

Posted November 2nd, 2021 in care orders, children, jurisdiction, local government, news, placement orders, prerogative powers by sally

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers

Posted November 2nd, 2021 in employment, health & safety, news, noise, regulations by sally

‘The first edition of Controlling Noise at Work was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of time, have generated the need for a third edition, which offers an opportunity to reconsider the Guidance itself, which contains a plethora of detail beyond the Regulations, and fertile material for cross-examination and submissions at trial.’

Ropewalk Chambers, 2nd November 2021

Source: www.ropewalk.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Alleged extremist to face trial for law firm terror attack – Legal Futures

Posted November 2nd, 2021 in assault, harassment, news, offensive weapons, racism, religiously aggravated offences, terrorism, threatening behaviour by sally

‘An alleged far-right extremist accused of attempting to launch a terror attack at a solicitors’ firm will stand trial next March, a judge decided last week.’

Legal Futures, 2nd November 2021

Source: www.legalfutures.co.uk

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