The Reliability and Relevance of Historical Occupational Audiograms: Testing Times – Ropewalk Chambers

Posted August 1st, 2023 in chambers articles, disabled persons, industrial injuries, news, noise by sally

‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’

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Ropewalk Chambers, 19th July 2023

Source: ropewalk.co.uk

Watchdog shuts three solicitors firms accused in asylum sting – The Guardian

Posted August 1st, 2023 in asylum, disciplinary procedures, immigration, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘Three law firms in England accused of wrongdoing in dealing with asylum applications have been shut down by the solicitors’ watchdog.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Shoplifters who commit repeat offences to face prison – The Guardian

Posted August 1st, 2023 in burglary, imprisonment, news, recidivists, sentencing, theft, violent offenders by sally

‘Shoplifters, burglars and violent criminals who commit repeat offences will be handed mandatory prison sentences under plans being drawn up by ministers.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – Wilberforce Chambers

Posted August 1st, 2023 in chambers articles, mistake, news, tax avoidance by sally

‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’

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Wilberforce Chambers, 31st July 2023

Source: www.wilberforce.co.uk

Consumer Duty: ‘most significant change’ to UK financial services regulation in a decade comes into force – OUT-LAW.com

Posted August 1st, 2023 in complaints, consumer protection, financial regulation, news, ombudsmen by sally

‘The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.’

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OUT-LAW.com, 31st July 2023

Source: www.pinsentmasons.com

Environmental Law News Update – Six Pump Court

Posted August 1st, 2023 in chambers articles, energy, environmental protection, news, shareholders, transport by sally

‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’

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Six Pump Court, 31st July 2023

Source: 6pumpcourt.co.uk

Wild camping allowed on Dartmoor again after court appeal succeeds – The Guardian

Posted August 1st, 2023 in appeals, commons, news, statutory interpretation by sally

‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

UK imposes sanctions on Russian judges for sentencing of Putin opponent – The Guardian

Posted August 1st, 2023 in expert witnesses, judges, news, Russia, sanctions, sentencing, treason by sally

‘The UK government has imposed sanctions on those involved in the “deplorable” sentencing of the dual-national dissident Vladimir Kara-Murza after a Russian court dismissed his appeal against a 25-year sentence.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

LSB has “no role” in regulating lawful use of NDAs, Bar Council says – Legal Futures

Posted August 1st, 2023 in barristers, Legal Services Board, news, non-disclosure agreements by sally

‘The Legal Services Board (LSB) has “no role” in “attempting to control or regulate lawyers involved in assisting clients in the lawful use of NDAs”, the Bar Council has said.’

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Legal Futures, 1st August 2023

Source: www.legalfutures.co.uk

Just Stop Oil protesters have appeals blocked over Dartford crossing sentences – The Guardian

Posted August 1st, 2023 in appeals, demonstrations, environmental protection, news, nuisance, roads, sentencing by sally

‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

“Spiritual abuse” – the “lessons learnt” reviews – Law & Religion UK

Posted August 1st, 2023 in Church of England, clergy, coercive & controlling behaviour, disciplinary procedures, news, reports by sally

‘On 21 July 2023, the Diocese of Oxford issued the Press Release Learning Lessons Review: Revd Michael Hall, (“the Hall Review”), concerning the safeguarding case review it commissioned in April 2022 into allegations of spiritual abuse connected with St Margaret’s, Tylers Green, High Wycombe between 1981 and 2000. The review was the most recent of such “lessons learnt” reviews from the Diocese[1] and provides a present-day perspective of the Church’s approach to spiritual abuse both during and after the events at St Margaret’s.’

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Law & Religion UK, 31st July 2023

Source: lawandreligionuk.com

BAILII: Recent Decisions

Posted July 31st, 2023 in law reports by sally

Court of Appeal (Civil Division)

Robins v Secretary of State for Work and Pensions [2023] EWCA Civ 890 (28 July 2023)

RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) & Anor [2023] EWCA Civ 882 (28 July 2023)

Patley Wood Farm LLP & Ors v Kicks & Anor [2023] EWCA Civ 901 (28 July 2023)

Kazalbash v Secretary of State for Levelling Up, Housing And Communities [2023] EWCA Civ 904 (27 July 2023)

S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 (27 July 2023)

Court of Appeal (Criminal Division)

BKR, R. v [2023] EWCA Crim 903 (28 July 2023)

High Court (Administrative Court)

Popovic, R (On the Application Of) v Ealing Magistrates Court & Ors (Rev1) [2023] EWHC 1875 (Admin) (28 July 2023)

London Borough of Hillingdon & Ors, R (On the Application Of) v Mayor of London (Re ULEZ Expansion) [2023] EWHC 1972 (Admin) (28 July 2023)

Crown Prosecution Service, R. (on the application of) v Crown Court At Preston [2023] EWHC 1957 (Admin) (27 July 2023)

High Court (Chancery Division)

British Broadcasting Corporation v BBC Pension Trust Ltd & Anor [2023] EWHC 1965 (Ch) (28 July 2023)

Time GB Group Ltd v Yarwell Mill Country Park Ltd [2023] EWHC 1887 (Ch) (28 July 2023)

Financial Conduct Authority v Forster & Ors [2023] EWHC 1973 (Ch) (28 July 2023)

Galapagos Bidco SARL v Kebekus & Ors [2023] EWHC 1931 (Ch) (28 July 2023)

High Court (Commercial Court)

Richard Slade and Company Ltd & Anor v Guinevere Holdings Ltd & Anor [2023] EWHC 1869 (Comm) (28 July 2023)

Deutsche Bank AG, London Branch v Central Bank of Venezuela (Re Arbitration Act 1996 and an LCIA Arbitration) [2023] EWHC 1942 (Comm) (28 July 2023)

Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm) (28 July 2023)

Wyllie & Ors v Liberty Mutual Insurance Europe SE [2023] EWHC 1970 (Comm) (28 July 2023)

George on High Ltd & Anor v Alan Boswell Insurance Brokers Ltd & Anor [2023] EWHC 1963 (Comm) (27 July 2023)

High Court (Family Division)

A And B (Children: ‘parental Alienation’) (No. 5) [2023] EWHC 1864 (Fam) (27 July 2023)

C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955 (Fam) (27 July 2023)

High Court (King’s Bench Division)

Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) (28 July 2023)

Uber Britannia Ltd v Sefton Metropolitan Borough Council [2023] EWHC 1975 (KB) (28 July 2023)

McKenzie v Creation Consumer Finance Ltd [2023] EWHC 1904 (KB) (28 July 2023)

Davidoff & Ors v Google LLC [2023] EWHC 1958 (KB) (28 July 2023)

Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB) (28 July 2023)

High Court (Technology and Construction Court)

International Game Technology PLC & Ors v Gambling Commission [2023] EWHC 1961 (TCC) (28 July 2023)

Source: www.bailii.org

Suitability appeal – don’t ignore evidence of need – Nearly Legal

Posted July 31st, 2023 in appeals, autism, children, disabled persons, equality, families, homelessness, housing, local government, news, statutory duty by sally

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by sally

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Businesses must review strike plans after agency worker ruling – OUT-LAW.com

Posted July 31st, 2023 in employment, industrial action, news by sally

‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’

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OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

Supreme Court litigation funding ruling poses challenge for mass actions – OUT-LAW.com

Posted July 31st, 2023 in appeals, competition, damages, news, Supreme Court, third parties by sally

‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’

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OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

Mermaids v LGB Alliance: Tribunal rejects attempt to deregister controversial charity – UK Human Rights Blog

Posted July 31st, 2023 in charities, Charity Commission, gender, homosexuality, human rights, news, transgender persons by sally

‘Despite what the parties and their supporters hoped, this case (Mermaids v The Charity Commission of England and Wales & LGB Alliance [2023] ULKFTT 563 (GRC)) was not – said the Tribunal – about the rights of gender diverse people (as represented by Mermaids) or the rights of gay, lesbian and bisexual people (represented by the LGB Alliance). On the face of it, the issue decided by the Tribunal (General Regulatory Chamber, Charity) on 6 July 2023 was a narrow one: whether Mermaids was entitled to challenge the Charity Commission’s decision to register the LGB Alliance as a charity. But its ruling – that Mermaids could not – was highly significant as a robust affirmation of the value of debate in a democratic society.’

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UK Human Rights Blog, 29th July 2023

Source: ukhumanrightsblog.com