No right to assisted death: Conway v Secretary of State for Justice – Cloisters

Posted October 20th, 2017 in assisted suicide, human rights, news by sally

‘In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another. Anna Beale considers Conway v Secretary of State for Justice, the most recent contribution to this difficult and complex area of law.’

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Cloisters, 6th October 2017

Source: www.cloisters.com

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions, time limits by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

Commercial Court Shrinks Scope to Challenge Arbitrations – Hailsham Chambers

Posted October 20th, 2017 in arbitration, choice of forum, Commercial Court, evidence, news by sally

‘In the internationally competitive market for arbitrations, there is much talk about which Courts are most “arbitration-friendly”. In a recent judgment Teare J, in the Commercial Court, has crushed speculation that the English Courts might be increasingly sympathetic to challenges to factual findings.’

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Hailsham Chambers, 12th October 2017

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Al-Hijrah School: Gender segregation as direct discrimination and other lessons – Cloisters

Posted October 20th, 2017 in judicial review, news, school children, sex discrimination by sally

‘Rachel Barrett and Siân McKinley consider the recent Court of Appeal judgment on gender segregation, HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School, and the broader implications for discrimination law.’

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Cloisters, 19th October 2017

Source: www.cloisters.com

The shifting sands of risk management in construction projects – Hardwicke Chambers

Posted October 20th, 2017 in construction industry, delay, insurance, news by sally

‘Construction and engineering projects, whether land-based or marine, are inherently risky. For this reason, parties to construction and engineering contracts manage risk by seeking to allocate responsibility for each different type of risk to a particular party.’

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Hardwicke Chambers, 20th October 2017

Source: www.hardwicke.co.uk

The future approach: Using a preventative injunction to protect green spaces? – Hardwicke Chambers

Posted October 20th, 2017 in environmental protection, injunctions, local government, news, waste by sally

‘There are few sights more unpleasant when walking in our green and pleasant land than that of human waste i.e. faeces selfishly deposited on the ground without any thought for those that wish to enjoy the beauty of our green spaces. Added to the problem of personal waste, is domestic waste1 and industrial scale fly-tipping from contractors, the general public at large and travellers involved in a commercial waste business (for example, who dump waste such as asbestos, rubble, soil, and other hazardous materials) and you have a major waste issue up and down the country. Indeed, due to the fact that most authorities now charge for the disposal of domestic and business waste, fly tipping is a major problem as people do not want to pay for it to be disposed of properly.2 This is a particular problem for local authorities in the country whose primary responsibility is to ensure the safety of its green spaces for its residents and visitors.’

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Hardwicke Chambers, 16th October 2017

Source: www.hardwicke.co.uk

Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others – Blackstone Chambers

Posted October 20th, 2017 in disclosure, electronic mail, employment, human rights, news, privacy by sally

‘The High Court held that an employer did not have a claim to property in emails or the contents of emails (not limited to those concerning business matters) that were sent by employees from the employer’s email accounts.’

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Blackstone Chambers, 4th October 2017

Source: www.employeecompetition.com

When must a client be saved from himself? It is all a question of money says the Court of Appeal – Hardwicke Chambers

Posted October 20th, 2017 in fees, negligence, news, personal injuries, solicitors by sally

‘Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.’

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Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

A Guide to using Statistics in Employment and Equality Litigation – Cloisters

Posted October 20th, 2017 in civil servants, employment, equality, news, race discrimination, remuneration, statistics by sally

‘Numbers can be anathema to many lawyers. Yet statistics are a useful weapon in the litigation armoury. This week the Government released its Race Disparity Audit which provides a wealth of such statistics and is a timely reminder of the role that they can play in litigation. Tom Gillie discusses three recent examples of how statistics can be used to advance successful arguments in employment litigation and broader equality context, for example, in relation to the provision of goods, facilities and services.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

Tax Evasion – As the Government ‘Cry Wolf’, is it Anything More Than a Hollow Complaint? – Drystone Chambers

Posted October 20th, 2017 in fraud, news, tax evasion by sally

‘As recently reported in the Times on 14th September 2017 under the headline ‘Amazon in £1.5bn tax fraud row’, HMRC has claimed that Amazon and eBay (among others) have failed to co-operate in fully tackling a multi-billion pound fraud. The article comes after a series of hearings in front of the Parliamentary Public Accounts Committee (‘PAC’).’

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Drystone Chambers, 9th October 2017

Source: drystone.com

Reyes v Al-Malki – Blackstone Chambers

Posted October 20th, 2017 in diplomats, immunity, news, trafficking in human beings by sally

‘The Supreme Court has unanimously found that a former diplomat would not be entitled to diplomatic immunity in relation a claim of human trafficking brought by a domestic worker because the worker’s employment and alleged treatment would not constitute acts performed in the course of the diplomat’s official functions (within the meaning of Articles 31(1)(c) and 39(2) of the 1961 Vienna Convention on Diplomatic Relations).’

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Blackstone Chambers, 18th October 2017

Source: www.blackstonechambers.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Podcast on the Lachaux decision – 5RB

Posted October 20th, 2017 in confidentiality, defamation, media, news, privilege by sally

‘On Tuesday 10th October, 5RB held a panel discussion to review the recent Court of Appeal decision in Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd. and its ramifications for the serious harm threshold.’

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5RB, 19th October 2017

Source: www.5rb.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

Why bother with wellbeing? – Counsel

Posted October 20th, 2017 in barristers, mental health, news by sally

‘In the first of a new series, systemic coach Zita Tulyahikayo and James Pereira QC explain why supporting wellbeing should be an essential aspect of barristers’ and chambers’ practice.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk