Manchester attack: Pre-inquest hearings delayed to 2018 – BBC News
‘A pre-inquest review hearing into the deaths of the Manchester Arena attack victims has been delayed until 2018.’
BBC News, 22nd November 2017
Source: www.bbc.co.uk
Security for costs: ATE policies – Hardwicke Chambers
‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
Contributory negligence and construction contracts – Hardwicke Chambers
‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’
Hardwicke Chambers, 10th November 2017
Source: www.hardwicke.co.uk
Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers
‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers
‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers
‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’
Drystone Chambers, 26th October 2017
Source: drystone.com
The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project
‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’
Transparency Project, 22nd November 2017
Source: www.transparencyproject.org.uk
UK judges to get scientific guides – BBC News
‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’
BBC News, 22nd November 2017
Source: www.bbc.co.uk
The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers
‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’
Drystone Chambers, 23rd October 2017
Source: drystone.com
Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers
‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’
Drystone Chambers, 6th November 2017
Source: drystone.com
G4S youth jail beset by violence, vandalism and weapons, report finds – The Guardian
‘Surging levels of violence at an “unsafe” G4S-run youth jail have put staff in hospital and caused inmates to carry improvised weapons for their safety, inspectors have revealed.’
The Guardian, 21st November 2017
Source: www.theguardian.com
Starham v Greene King – Falcon Chambers
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers
‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’
Hailsham Chambers, 3rd November 2017
Source: www.hailshamchambers.com
Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers
‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘
Hailsham Chambers, 3rd November 2017
Source: www.hailshamchambers.com
Know your limitation – New Law Journal
‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’
New Law Journal, 27th October 2017
Source: www.newlawjournal.co.uk
Burrows Investments Limited v Ward Homes Limited [2017] EWCA Civ 1577 – Falcon Chambers
‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
Time to end solicitor-bar divide, first female solicitor QC says – Law Society’s Gazette
‘England and Wales’ first female solicitor advocate QC is set to also become the first to dual qualify as both a solicitor and barrister. June Venters, who was made QC in 2006, will be called to the bar by Middle Temple on Thursday.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers
‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’
Byrom Street Chambers, September 2017
Source: www.byromstreet.com
