Termination of pregnancy and wishes and feelings in the Court of Protection – UK Human Rights Blog

Posted April 26th, 2024 in abortion, Court of Protection, families, hospitals, mental health, news, pregnancy by sally

‘The decision of the Court of Protection in Rotherham and Doncaster and South Humber NHS Foundation Trust and NR [2024] EWCOP 17 is the latest in a line of cases where the Court has been asked to determine whether a termination of pregnancy is in a woman’s best interests. Any case about a termination engages the pregnant woman’s Article 8 rights. But where the woman also lacks capacity to decide for herself whether to have a termination, there must be a particularly careful analysis to ensure that her rights are respected. While previous decisions have frequently accorded weight to the wishes and feelings of the pregnant woman at the heart of the case, Mr Justice Hayden’s decision goes further in handing the decision over to the pregnant woman herself.’

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UK Human Rights Blog, 25th April 2024

Source: ukhumanrightsblog.com

James Robottom: The Safety of Rwanda Act, Slavery and the Common Law – UK Constitutional Law Association

Posted April 26th, 2024 in asylum, bills, deportation, forced labour, government departments, human rights, immigration, international law, judicial review, news, Rwanda by sally

‘Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.’

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UK Constitutional Law Association, 25th April 2024

Source: ukconstitutionallaw.org

Environmental Corporate Social Responsibility in Action: The Advertising Standards Authority bans a Toyota SUV advert for not being prepared with a sense of social responsibility – Francis Taylor Building

Posted April 26th, 2024 in advertising, chambers articles, company law, complaints, environmental protection, news, ombudsmen by sally

‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’

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Francis Taylor Building, 21st March 2024

Source: www.ftbchambers.co.uk

The pro-rating of pensions increases – Pensions Barrister

Posted April 26th, 2024 in chambers articles, news, pensions by sally

‘Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for it.’

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Pensions Barrister, 23rd April 2024

Source: www.pensionsbarrister.com

UK policy denying visas to children of care workers faces legal challenge – The Guardian

Posted April 26th, 2024 in care workers, children, equality, families, government departments, immigration, news, visas by sally

‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’

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The Guardian, 26th April 2024

Source: www.theguardian.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, fraud, news, personal injuries, wasted costs orders, witnesses by sally

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Cuthbert and White: When the dust settles … what does it mean? – Asbestos Law

Posted April 25th, 2024 in asbestos, causation, industrial injuries, news by sally

‘In this blog post, John-Paul Swoboda considers the recent case of Cuthbert, in which Michael Rawlinson KC, Max Archer and Jessica Franklin acted for the Appellant, the widow of Mr Derek Barry Cuthbert and executrix of his estate.’

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Asbestos Law, 25th March 2024

Source: asbestoslawblog.uk

Representative actions under CPR 19.8: practical lessons to learn from Barclays Bank UK Plc v Terry – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, civil procedure rules, class actions, news by sally

‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

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Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

Multi-Party Claim Forms – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, claims management, costs, fees, negligence, news by sally

‘Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves.’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

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

Posted April 25th, 2024 in chambers articles, climate change, construction industry, 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 chambers articles, explosives, joinder, news, Northern Ireland, personal injuries, striking out, terrorism, unincorporated associations 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 construction industry, enforcement, jurisdiction, 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 arbitration, artificial intelligence, chambers articles, 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 careless driving, chambers articles, dentists, disciplinary procedures, homicide, indecent photographs of children, news, sentencing, suspended sentences 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 asylum, deportation, identity fraud, news, Supreme Court by sally

‘Five Supreme Court justices today [24th April] 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 children, drug trafficking, forced labour, news, sentencing, trafficking in human beings by sally

‘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 sally

‘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