Applications for Interim Payments of Costs: An Update – Hailsham Chambers

Posted October 29th, 2019 in costs, damages, negligence, news, personal injuries by sally

‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’

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Hailsham Chambers, 24th October 2019

Source: www.hailshamchambers.com

A security officer based at BBC New Broadcasting House has won an unfair dismissal claim against his employer, Interserve – Garden Court Chambers

Posted October 29th, 2019 in news, unfair dismissal by sally

‘A security officer based at BBC New Broadcasting House has won his unfair dismissal claim against his employer, Interserve.’

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Garden Court Chambers, 21st October 2019

Source: www.gardencourtchambers.co.uk

Douglas Oak inquest: Coroner calls for improved police and ambulance training on handling persons suffering from Acute Behavioural Disturbance – Garden Court Chambers

Posted October 29th, 2019 in emergency services, inquests, mental health, news, police by sally

‘The inquest into the death of Douglas Oak concluded at Bournemouth Coroners Court yesterday with Senior Coroner for Dorset Rachel Griffin stating that she would be issuing a wide ranging preventing Future Deaths report because of her concerns that further lives will be lost unless action is taken at a national level to improve training and the handling of persons suffering from acute behavioural disturbance (ABD).’

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Garden Court Chambers, 23rd October 2019

Source: www.gardencourtchambers.co.uk

Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600, 2 October 2019 – Hailsham Chambers

Posted October 29th, 2019 in disclosure, news, privilege, solicitors, third parties by sally

‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’

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Hailsham Chambers, 7th October 2019

Source: www.hailshamchambers.com

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

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Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

Judicial review challenge on health inequalities caused by NHS Charging Scheme for migrant women and their children – Garden Court Chambers

Posted October 29th, 2019 in birth, domestic violence, female genital mutilation, health, judicial review, news, pregnancy by sally

‘Judicial review proceedings have been launched on behalf of Maternity Action, a leading maternity rights charity, challenging the Secretary of State for Health’s NHS Charging Regime. The disproportionate effect of charging is most stark amongst destitute pregnant women, new mothers, survivors of domestic abuse, sexual violence and Female Genital Mutilation and destitute migrant families supported by local authorities, who are overwhelmingly women.’

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Garden Court Chambers, 15th October 2019

Source: www.gardencourtchambers.co.uk

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV – Blackstone Chambers

Posted October 29th, 2019 in competition, EC law, jurisdiction, licensing, news, patents by sally

‘The High Court has declined jurisdiction over an abuse of dominance claim against HEVC Advance (incorporated in Delaware) and Philips (incorporated in the Netherlands).’

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Blackstone Chambers, 22nd October 2019

Source: www.blackstonechambers.com

The new Accounts Rules – what can you do? – 4 New Square

Posted October 29th, 2019 in accounts, client accounts, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘On 25 November 2019 the SRA Accounts Rules 2011 will cease to have effect, and will be replaced by new accounts rules. In one quarter-stroke of the draftsman’s pen, 52 rules covering 50 pages of single-spaced typescript on pages of A4 will be replaced by 13 rules on 10 pages. The SRA has trumpeted loudly that the rules have been simplified and that they provide greater flexibility. Have they? Do they?’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

When is a Bank Account not a Bank Account Under Account Freezing and Forfeiture Orders? – Drystone Chambers

Posted October 29th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘As part of my series on AFO’s I am going to discuss what accounts can be frozen by Account Freezing Orders (‘AFO’s). Although the requirements under section 303Z5 setting out what a bank is seem straightforward, it can be hard in practice to determine when a bank account is not a bank account. It has, in my experience, caused a number of AFO’s to be discharged; this is where orders have frozen Forex trading accounts, ISA fund accounts, or other accounts which contain money but do not.’

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Drystone Chambers, October 2019

Source: drystone.com

European Court of Human Rights rules against the UK in ‘bedroom tax’ case – Doughty Street Chambers

Posted October 29th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination by sally

‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’

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Doughty Street Chambers, 24th October 2019

Source: www.doughtystreet.co.uk

Gilham v Ministry of Justice: A New Chapter in Employment Protection? – Cloisters

Posted October 29th, 2019 in budgets, bullying, employment tribunals, judges, judiciary, news, Supreme Court, whistleblowers by sally

‘The Supreme Court has delivered its decision in the landmark case of Gilham v Ministry of Justice. In conferring the right to pursue whistleblowing complaints on judges – and for that matter all office-holders – it has opened a new frontier for the role of the European Convention of Human Rights in employment disputes.’

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Cloisters, 16th October 2019

Source: www.cloisters.com

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] – Blackstone Chambers

Posted October 29th, 2019 in abuse of process, assignment, constructive trusts, illegality, India, news, Pakistan, state immunity by sally

‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’

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Blackstone Chambers, 2nd October 2019

Source: www.blackstonechambers.com

A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in judgments, news, reasons, retrials by sally

‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’

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Practical Law Dispute Resolution Blog, 1st October 2019

Source: disputeresolutionblog.practicallaw.com

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

Denial of social care support to persons subject to immigration control, and human rights – Community Care Blog

Posted October 29th, 2019 in asylum, immigration, mental health, news, social services by sally

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who came to the United Kingdom from Kuwait, arriving in 1996. Mt Aburas had mental health issues and had been diagnosed with bi-polar disorder and depression. He was a failed asylum-seeker without regular immigration status. Southwark determined that he was in the category ‘no recourse to public funds’ as a ‘person subject to immigration control’ for the purposes of section 21 of the Care Act 2014. He was present in the United Kingdom as a ‘person in breach of immigration control’ for the purposes of Schedule 3 paragraphs 1 and 7(1)(a) to the Nationality Immigration and Asylum Act 2002. He faced barriers to a proposed removal to Kuwait.’

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Community Care Blog, 23rd October 2019

Source: communitycare11kbw.com

Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal

Posted October 29th, 2019 in benefits, disability discrimination, domestic violence, housing, human rights, news by sally

‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’

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Nearly Legal, 27th October 2019

Source: nearlylegal.co.uk

Permission to appeal out of time – the strict approach – Nearly Legal

Posted October 29th, 2019 in homelessness, housing, limitations, news by sally

‘Emambee v London Borough of Islington (2019) EWHC 2835 (QB). We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a strict view, both on when the s.202 review decision was received, and on delay to obtain legal representation.’

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Nearly Legal , 27th october 2019

Source: nearlylegal.co.uk

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by sally

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

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OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2019 in legislation by sally

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019

Source: www.legislation.gov.uk