Gender recognition and trans equality – Counsel
‘With trans headlines constantly in the news, Claire McCann examines the law on trans rights and the dangers of misinformed debate.’
Counsel, August 2018
Source: www.counselmagazine.co.uk
QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers
‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’
Hailsham Chambers, 18th July 2018
Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers
‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’
Hailsham Chambers, 23rd July 2018
High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer
‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’
Local Government Lawyer, 7th August 2018
Source: www.localgovernmentlawyer.co.uk
‘Same-roof’ rule in criminal injuries compensation – Law Society’s Gazette
‘JT was born in 1963. She was the victim of repeated sexual assaults by her stepfather between the ages of 5 and 17 and made an application to the Criminal Injuries Compensation Authority following his conviction in 2012.’
Law Society's Gazette, 6th August 2018
Source: www.lawgazette.co.uk
Leave.EU parts ways with Mishcon de Reya amid legal challenge – The Guardian
‘The elite London law firm Mishcon de Reya and Arron Banks’ pro-Brexit Leave.EU campaign have parted ways in the midst of Leave.EU’s legal challenge to a ruling it broke electoral law, the Guardian has learned.’
The Guardian, 7th August 2018
Source: www.theguardian.com
High Court judge quashes decision by council to cut SEND budget by £5m – Local Government Lawyer
‘A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.’
Local Government Lawyer, 6th August 2018
Source: www.localgovernmentlawyer.co.uk
Final Presidential words on transparency – Transparency Project
‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’
Transparency Project, 6th August 2018
Source: www.transparencyproject.org.uk
Fire safety duties for insolvency practitioners – OUT-LAW.com
‘When a business goes into insolvency, insolvency practitioners may become responsible for fire safety. Those responsibilities will change if the Hackitt Review’s post-Grenfell recommendations are implemented, particularly if the insolvency involves buildings where people sleep.’
OUT-LAW.com, 7th August 2018
Source: www.out-law.com
High Court hosts new mega-money Russian dispute – Law Society’s Gazette
‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’
Law Society's Gazette, 7th August 2018
Source: www.lawgazette.co.uk
Kieran Wilson on Case Management, Lists of Issues, and the Need to Know Your Case From the Start – Littleton Chambers
‘Case management is not typically regarded as the most glamorous aspect of litigation. This is understandable, since parties’ eyes are often fixed on the drama and stakes of the final hearing.’
Littleton Chambers, 26th June 2018
Source: www.littletonchambers.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)
High Court (Administrative Court)
High Court (Chancery Division)
Saeed & Anor v Ibrahim & Ors [2018] EWHC 1804 (Ch) (03 August 2018)
Source: www.bailii.org
Scottish independence as a protected philosophical belief? McEleny – Law and Religion UK
‘The Herald reports that an employment tribunal has ruled that belief in an independent Scotland is a philosophical belief similar to a religion and is protected under equality legislation.’
Law and Religion UK, 7th August 2018
Source: www.lawandreligionuk.com
Judge calls for investigation into colleagues over race discrimination case – The Guardian
‘A judge is calling for an investigation into colleagues who tried to suspend him over remarks he made about racism and the judiciary after receiving a formal apology over the matter.’
The Guardian, 7th August 2018
Source: www.theguardian.com
BBC’s Panorama broke Ofcom rules by naming ‘anonymous’ teenager – BBC News
‘The BBC’s Panorama broke broadcasting rules by mistakenly revealing the first name of a teenager who was meant to be anonymous, TV watchdog Ofcom has said.’
BBC News, 6th August 2018
Source: www.bbc.co.uk
Analysing and Pleading Whistleblowing Claims Following the Court of Appeal’s Decision in Kilraine – Littleton Chambers
‘As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win.’
Littleton Chambers, 16th July 2018
Source: www.littletonchambers.com
Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures
‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’
Litigation Futures, 7th August 2018
Source: www.litigationfutures.com
