Pair jailed for neglect after boy’s window fall – BBC News
‘A man and woman have been jailed after a child they were looking after fell out of a window while they were under the influence of drugs.’
BBC News, 30th April 2024
Source: www.bbc.co.uk
Sexual harassment in the workplace: employers, are you ready for the new rules? You have 6 months and counting… – 12 King’s Bench Walk Employment and Discrimination Blog
‘On 26 October 2024, the new duty on employers, introduced by The Worker Protection (Amendment of Equality Act 2010) Act 2023 (‘Act’), to prevent sexual harassment of employees takes effect.’
12 King’s Bench Walk Employment and Discrimination Blog, 8th April 2024
Source: 12kbwemploymentlaw.wordpress.com
Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog
‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’
12KBW Personal Injury Law Blog, 18th April 2024
Source: pilawblog.com
Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers
‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’
Becket Chambers, 5th April 2024
Source: becket-chambers.co.uk
Irwin Mitchell Trust Corporation v PW – Hailsham Chambers
‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’
Hailsham Chambers, 11th April2024
Source: www.hailshamchambers.com
Denial in the Nile: intention and contract formation – Gatehouse Chambers
‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
Can workers be subjected to detriment for participating in lawful industrial action? The Supreme Court decision in Mercer – Guildhall Chambers
‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’
Guildhall Chambers, 24th April 2024
Source: www.guildhallchambers.co.uk
Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers
‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers
‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’
Doughty Street Chambers, 22nd March 2024
Source: insights.doughtystreet.co.uk
Restraint Orders: Is Complexity of Financial Structures an Indicator of Dishonesty? – Doughty Street Chambers
‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a ‘complex web’, ‘designed to obfuscate’ or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’
Doughty Street Chambers, 22nd April 2024
Source: insights.doughtystreet.co.uk
Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers
‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’
Hailsham Chambers, 16th April 2024
Source: www.hailshamchambers.com
In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers
‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’
Exchange Chambers, 12th April 2024
Source: www.exchangechambers.co.uk
Financial Fair Play in the Premier League – Everton and Nottingham Forest – 12 King’s Bench Walk
‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’
12 King's Bench Walk, 4th April 2024
Source: 12kbw.co.uk
Pension Ombudsman highlights importance of clear fee information – OUT-LAW.com
‘A recent UK Pension Ombudsman (PO) case flags the importance of pension firms providing clear and accurate fee information to savers from the outset. However, the case highlights that it is not the PO’s role to decide whether fees charged are reasonable or fair.’
OUT-LAW.com, 29th April 2024
Source: www.pinsentmasons.com
Ministers hold fire over retrospective effect of litigation funding bill – Legal Futures
‘The government is still considering concerns expressed about the retrospective effect of the bill to overturn last year’s Supreme Court ruling in PACCAR, a minister said yesterday.’
Legal Futures, 30th April 2024
Source: www.legalfutures.co.uk
Court allows firm to take £386k in fees from frozen client account – Legal Futures
‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’
Legal Futures, 30th April 2024
Source: www.legalfutures.co.uk
Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette
‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’
Law Society's Gazette, 29th April 2024
Source: www.lawgazette.co.uk
In depth: In conversation with the head of the GLD – Law Society’s Gazette
‘As the Government Legal Department unveils its three-year business strategy, Treasury solicitor Susanna McGibbon expands on its goals of becoming a national GLD while offering rewarding careers.’
Law Society's Gazette, 30th April 2024
Source: www.lawgazette.co.uk
