Episode 23 – Construction and The Climate – Whole Life Carbon Assessment – 39 Essex Chambers

Posted April 25th, 2024 in news by sally

‘In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

Posted April 25th, 2024 in news by sally

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com

Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers

Posted April 25th, 2024 in news by sally

‘There had been a number of adjudications between the parties:

– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’

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39 Essex Chambers, 18th April 2024

Source: www.39essex.com

Embracing Artificial Intelligence in International Arbitration: Towards Transparency and Fairness – 4-5 Gray’s Inn Square

Posted April 25th, 2024 in news by sally

‘Leonora Riesenburg and Arran Dowling-Hussey reflect on the healthy and often colourful global debate on risk mitigation in international arbitration driven by modern forms of Artificial Intelligence (AI).’

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4-5 Gray's Inn Square, 2nd April 2024

Source: www.4-5.co.uk

Has Fleischmann been put in its proper place? PSA v GDC & Naveed Patel [2024] EWHC 243 (Admin) – 2 Hare Court

Posted April 25th, 2024 in news by sally

‘It is nearly twenty years now since Alexander Fleischmann, a dentist, was struck off after the forerunner body to the PSA appealed against his suspension by a Committee of the GDC. Mr Fleischmann had been convicted in the Crown Court of quite serious charges relating to child pornography but after submissions in mitigation he had been sentenced to a three-year Community Rehabilitation Order (CRO) rather than being sent to prison as the Sentencing Guidelines would have suggested.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Supreme Court allows government appeal over asylum seeker’s ‘limbo status’ – Law Society’s Gazette

Posted April 25th, 2024 in news by tracey

‘Five Supreme Court justices today unanimously allowed the home secretary’s appeal over a claim for leave to remain by an asylum seeker currently in “limbo status.” ‘

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Law Society's Gazette, 25th April 2024

Source: www.lawgazette.co.uk

Bristol drug dealer jailed for modern slavery offence – BBC News

Posted April 25th, 2024 in news by tracey

‘A drug dealer who was involved in trafficking children to sell crack cocaine and heroin has been jailed.’

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BBC News, 25th April 2024

Source: www.bbc.co.uk

Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB

Posted April 25th, 2024 in burden of proof, chambers articles, disability discrimination, disabled persons, employment tribunals, equality, news, unfair dismissal by sally

‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’

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3PB, 26th March 2024

Source: www.3pb.co.uk

‘Obsessed’ man broke into his ex’s home and stabbed her new partner to death as they lay in bed – The Independent

Posted April 25th, 2024 in domestic violence, murder, news, sentencing by tracey

‘A jealous ex has been jailed for stabbing his former girlfriend’s new lover to death while he lay in bed.’

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The Independent, 24th April 2024

Source: www.independent.co.uk

Inquest finds gross failings in care of woman who drank too much water – The Guardian

Posted April 25th, 2024 in hospitals, inquests, mental health, news, water by tracey

‘An inquest jury has found there were “gross failings in care amounting to neglect” before a woman had a heart attack at a private mental health hospital due to complications from drinking excessive amounts of water.’

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The Guardian, 24th April 2024

Source: www.theguardian.com

Ruth Perry family furious as Ofsted single-word ratings are retained – The Guardian

Posted April 25th, 2024 in government departments, news, standards, suicide, teachers by tracey

‘Ofsted’s controversial single-word judgments are here to stay, the government has ruled, in a blow to campaigners who hoped they would be scrapped after the suicide of the primary school headteacher Ruth Perry.’

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The Guardian, 25th April 2025

Source: www.theguardian.com

Hybrid orders & section 45A of the Mental Health Act 1983: recent developments – 6KBW College Hill

Posted April 25th, 2024 in chambers articles, hospital orders, mental health, news, sentencing by sally

‘Section 45A of the Mental Health Act 1983 (“MHA”) was inserted by the Crime (Sentences) Act 1997. The idea behind it is that where an offender who suffers from a treatable mental disorder is before the Court, a hybrid sentence can be imposed. The offender is treated, and then in an appropriate case returned to prison to serve the rest of their sentence. If is they are still in hospital when the sentence expires, they remain in hospital, but unrestricted[1]. It came into force on the 1st October 1997.’

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6KBW College Hill, 24th March 2024

Source: blog.6kbw.com

The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied – Gatehouse Chambers

Posted April 24th, 2024 in appeals, chambers articles, derivative claims, fraud, news by sally

‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’

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Gatehouse Chambers, 12th April 2024

Source: gatehouselaw.co.uk

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

Posted April 24th, 2024 in appeals, chambers articles, compensation, computer programs, damages, disclosure, fraud, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

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Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

An assessment of the reliability requirement in the Electronic Trade Documents Act – The 36 Group

Posted April 24th, 2024 in chambers articles, documents, electronic commerce, news by sally

‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’

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The 36 Group, 12th April 2024

Source: 36group.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

Posted April 24th, 2024 in chambers articles, child abuse, children, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, sexual offences, women by sally

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers

Posted April 24th, 2024 in chambers articles, civil procedure rules, dilapidations, expert witnesses, landlord & tenant, news, repairs by sally

‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’

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Falcon Chambers, 15th April 2024

Source: www.falcon-chambers.com

Criminal Law Update: Cyber-flashing – Devon Chambers

Posted April 24th, 2024 in chambers articles, criminal justice, indecent exposure, internet, news, sexual offences by sally

‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’

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Devon Chambers, March 2024

Source: devonchambers.co.uk

Institute of Licensing: Darkest before the dawn: a manifesto for the night-time economy – 11KBW

Posted April 24th, 2024 in chambers articles, licensed premises, licensing, news by sally

‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’

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11KBW, 2nd April 2024

Source: www.11kbw.com

Stop crime victims in England and Wales paying thousands for court transcripts, say MPs – The Guardian

Posted April 24th, 2024 in criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’

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The Guardian, 21st April 2024

Source: www.theguardian.com