‘”Black mould” is a very serious, sometimes deadly, consequence of water ingress building defects. Water ingress building defects are prolific, and issues and effects of mould growth are disturbingly common, particularly coming to the end of winter in Britain.’
3PB, 6th March 2023
Source: www.3pb.co.uk
‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’
St Philips Barristers, 30th March 2023
Source: st-philips.com
‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’
39 Essex Chambers, 29th March 2023
Source: www.39essex.com
‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The biggest specialist personal injury firm in the country is working on ways to harness the power of technology related to ChatGPT to help it handle medical negligence claims.’
Legal Futures, 11th April 2023
Source: www.legalfutures.co.uk
‘This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss.’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’
Becket Chambers, 28th March 2023
Source: becket-chambers.co.uk
‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’
Mills & Reeve, 6th April 2023
Source: www.mills-reeve.com
‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.’
Inquests and Inquires Law Blog, 6th April 2023
Source: inquestsandinquirieslawblog.com
‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’
Becket Chambers, 2nd March 2023
Source: becket-chambers.co.uk
‘On 5 April 2023 the High Court handed down judgment in Adil v General Medical Council [2023] EWHC 797 (Admin). The case examined the extent to which a professional regulator can interfere with the right to freedom of expression of an individual subject to its regulation, as well as the circumstances in which the Court should accept challenges to decisions made by regulators in the performance of their duties. It is the first case decided by the High Court concerning anti-vaccination statements made by a doctor in relation to the COVID-19 pandemic, and the actions of the General Medical Council (“GMC”) in response.’
UK Human Rights Blog, 11th April 2023
Source: ukhumanrightsblog.com
‘The Metropolitan Police has today reported on the progress of Operation Onyx – a review of the police officers and staff against whom the Met has heard concerning reports of domestic or sexual incidents. The cases of London police officers or staff investigated but not dismissed for sexual offences or domestic abuse over the last 10 years are now being reviewed.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Police officers in England and Wales accused of violent and sexual misconduct are less likely to face disciplinary action under the revamped complaints system than the previous discredited regime, figures suggest.’
The Guardian, 11th April 2023
Source: www.theguardian.com
There will be no posts over the Easter holiday. We will resume posting on 11th April 2023.
‘A soldier from the elite unit responsible for protecting the royal family has been jailed for three years after selling bullets to an undercover officer in a police sting.’
The Independent, 6th April 2023
Source: www.independent.co.uk
Court of Appeal (Civil Division)
Sainsbury’s Supermarkets Ltd v Clark & Ors [2023] EWCA Civ 386 (06 April 2023)
Williamson v The Bishop of London & Ors [2023] EWCA Civ 379 (05 April 2023)
Secretary of State for the Home Department v Smith [2023] EWCA Civ 376 (05 April 2023)
Contra Holdings Ltd v Bamford [2023] EWCA Civ 374 (05 April 2023)
N (Refusal of Placement Order) [2023] EWCA Civ 364 (05 April 2023)
Court of Appeal (Criminal Division)
Romanenko, R. v [2023] EWCA Crim 368 (05 April 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Astrazeneca UK Ltd v Tesaro, Inc. [2023] EWHC 803 (Ch) (05 April 2023)
Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023)
Chug & Anor v Dhaliwal & Anor [2023] EWHC 804 (Ch) (05 April 2023)
High Court (Commercial Court)
Credit Suisse AG v Burgundy Sea Ltd & Ors [2023] EWHC 809 (Comm) (05 April 2023)
High Court (King’s Bench Division)
Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)
Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB) (05 April 2023)
Wilson v Emmott [2023] EWHC 816 (KB) (05 April 2023)
High Court (Technology and Construction Court)
Source: www.bailii.org
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