Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

Posted April 14th, 2023 in burden of proof, chambers articles, damages, negligence, news, personal injuries by sally

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

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Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

Pre-recorded evidence improves rape victims’ experience of court – Ministry of Justice

Posted April 14th, 2023 in bills, cross-examination, Crown Court, evidence, Ministry of Justice, news, rape, sexual offences, victims by sally

‘Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.’

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Ministry of Justice, 3rd April 2023

Source: www.gov.uk

Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures

Posted April 14th, 2023 in appeals, disciplinary procedures, litigants in person, misrepresentation, news, Supreme Court by sally

‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’

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Legal Futures, 14th April 2023

Source: www.legalfutures.co.uk

Can an adult child seek maintenance from their parents? – Family Law

Posted April 14th, 2023 in children, families, family courts, financial provision, jurisdiction, news, statutory interpretation by sally

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by sally

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Misogyny rife in RAF boys’ club, sex assault victim says – BBC News

Posted April 14th, 2023 in armed forces, employment, employment tribunals, equality, harassment, news, sex discrimination, sexual offences, victims, women by sally

‘The RAF is a “boys’ club” where sexual harassment, misogyny and homophobia are rife, says a female ex-corporal who was sexually assaulted while serving.’

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BBC News, 14th April 2023

Source: www.bbc.co.uk

Driver caught on CCTV running over men jailed – BBC News

Posted April 14th, 2023 in closed circuit television, dangerous driving, grievous bodily harm, imprisonment, news, sentencing by sally

‘A BMW driver has been jailed for seven years after he was caught on “shocking” CCTV footage driving at a group of people in the City of London.’

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BBC News, 13th April 2023

Source: www.bbc.co.uk

Met officers who shared WhatsApp messages mocking Harvey Price found guilty of gross misconduct – The Independent

Posted April 14th, 2023 in disability discrimination, disabled persons, disciplinary procedures, equality, news, police, professional conduct, racism by sally

‘Eight serving and former Metropolitan Police officers have been found guilty of “gross misconduct” over a “discriminatory and offensive” WhatsApp group, which contained messages mocking Katie Price’s disabled son.’

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The Independent, 13th April 2023

Source: www.independent.co.uk

Premier League clubs ban gambling sponsors on front of shirts from 2026-27 – The Guardian

Posted April 14th, 2023 in advertising, gambling, news, sport by sally

‘A groundbreaking agreement under which Premier League clubs have banned match-day front-of-shirt sponsorship deals with gambling companies from the summer of 2026 has provoked mixed reactions.’

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The Guardian, 13th April 2023

Source: www.theguardian.com

EU motorist fined almost £11,000 after falling foul of London Ulez rule – The Guardian

Posted April 14th, 2023 in EC law, environmental health, fines, London, news, pollution, roads by sally

‘A motorist was fined nearly £11,000 for driving his French rental car in London’s ultra-low emission zone on a three-day trip to the UK, despite the fact the vehicle met the environmental standards to enter the Ulez for nothing.’

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The Guardian, 13th April 2023

Source: www.theguardian.com

Wiltshire rogue traders who mocked elderly victims jailed Published 15 hours ago – BBC News

Posted April 14th, 2023 in elderly, fraud, imprisonment, news, sentencing, victims by sally

‘Three rogue traders who filmed themselves boasting about overcharging for poor roofing work have been jailed.’

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BBC News, 13th April 2023

Source: www.bbc.co.uk

Research Demonstrates Juries Convict in 58% of Rape Cases, on Average – Pump Court Chambers

Posted April 13th, 2023 in chambers articles, juries, news, prosecutions, rape, statistics by sally

‘Over the period 2007 to 2021, the jury conviction rate for all rape charges stood at an average of 58%, with a high of 75% in 2021, according to new research published in the Criminal Law Review[1]. In 2007, the jury conviction rate was 55%. This research was commissioned by senior judiciary following public concerns that the jury conviction rates for rape were extremely low, and analysed 5,623,800 criminal charges from January 2007 to December 2021, not just including sexual offences.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The Not-So-Beautiful Game – Pump Court Chambers

Posted April 13th, 2023 in assault, chambers articles, news, sport, statistics, threatening behaviour by sally

‘In February 2023, BBC Radio 5 Live released the results of a questionnaire canvassing the experiences of 927 grassroots referees. The statistics make for grim reading, although will come as little surprise to anyone who has played Sunday league football.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

Will the decision in Maguire mark the beginning of a shift in the application of Article 2 in healthcare inquests? – Hailsham Chambers

Posted April 13th, 2023 in news by sally

‘Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases, or will it reaffirm the Court of Appeal’s warning in Morahan that an inquest is a “relatively summary process”?’

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Hailsham Chambers, 21st March 2023

Source: www.hailshamchambers.com

Wasted Costs in the Commercial Court – Hailsham Chambers

Posted April 13th, 2023 in barristers, Commercial Court, news, solicitors, striking out, wasted costs orders by sally

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

A Master’s decision to order disclosure of internal non-contemporaneous documents upheld on appeal (Re Scherbakov (deceased)) – Gatehouse Chambers

Posted April 13th, 2023 in administrators, appeals, chambers articles, disclosure, documents, news, practice directions by sally

‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’

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Gatehouse Chambers, 24th March 2023

Source: gatehouselaw.co.uk

Raising unfairness in an unfair way – Gatehouse Chambers

Posted April 13th, 2023 in news by sally

‘The recent case of Goldhill Finance Limited v Smyth [2023] EWHC 362 provides a warning of the importance of raising issues early and accurately in pleadings and highlights an underused defence to claims for the enforcement of second charges.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

Detrimental reliance and the dangers of emails: Hudson v Hathway [2022] EWCA Civ 1648 – Gatehouse Chambers

Posted April 13th, 2023 in news by sally

‘The Court of Appeal’s decision in Hudson v Hathway [2022] EWCA Civ 1648 is arguably the most important decision on the subject of constructive trusts of the family home since the House of Lords decided Stack v Dowden [2007] UKHL 17.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

Possession Claims Mediation Pilot Re-thought – Garden Court Chambers

Posted April 13th, 2023 in news by sally

‘On 22nd February 2023, the Ministry of Justice and the Department for Levelling Up, Housing and Communities published the Rental Mediation Service Pilot-Post Implementation Review. The Pilot had been run in the county courts between February and October 2021. Part, at least, of the thinking, following the lifting of Covid restrictions on the processing of possession claims, was that there would be an avalanche of hearings and that diversion to mediation would reduce the resulting pressure on the courts. Some 10,000 referrals to mediation with a success rate of 3,000 were estimated.’

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Garden Court Chambers, 3rd March 2023

Source: www.gardencourtchambers.co.uk

“To cease upon the midnight with no pain”: Justice, death and CPR36 – Guildhall Chambers

Posted April 13th, 2023 in news by sally

‘A capable 62 year old man suffers a modest (liability admitted) injury in an RTA, but then (by common consent) goes on to develop severe CRPS. He had had a myocardial infarction one year earlier (from which he made an excellent recovery, returning to work) and is a Type 1 diabetic.’

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Guildhall Chambers, 27th March 2023

Source: www.guildhallchambers.co.uk