Cases of the Year: 2022 – UK Human Rights Blog
‘The year passed was, unsurprisingly, another year of tumult and surprise, something that by now registers as the norm rather than an aberration. Even so, 2022 must be a standout year – even by recent standards. From Russia’s invasion of Ukraine to the death of Queen Elizabeth II, the collapse of two consecutive Tory governments, dramatic election results around the world from Israel to Brazil, and in the run up to the festive season a football World Cup as mired in human rights controversy as in any sporting event can be, 2022 was not a quiet year.’
UK Human Rights Blog, 5th January 2023
Source: ukhumanrightsblog.com
Case Management Decisions – are they appealable? – Becket Chambers
‘“No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise of the court’s case management powers. This judgment may surprise some people, and it would be interesting to see what the Court of Appeal would decide if it was further appealed.’
Becket Chambers, 21st December 2022
Source: becket-chambers.co.uk
Can the tables ever be turned: when can professionals sue their clients for breaching duties to them? by Helen Evans KC – 4 New Square Chambers
‘When professionals are sued, it’s not unusual for them to make an assertion that their clients were “up to something”, or to complain that they had provided wilfully misleading or incomplete instructions.’
4 New Square Chambers, 7th December 2022
Source: www.4newsquare.com
Patient fault and contributory negligence in clinical negligence – Exchange Chambers
‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
Subsidy Control Act 2022 in force – Local Government Lawyer
‘Steve Gummer, Saira Ahmed and Oliver Slater consider the Subsidy Control Act 2022, which came into force this week (4 January 2023). The Act sets out the UK’s prevailing subsidy control rules. Public authorities should consult the Act when contemplating the award of subsidies.’
Local Government Lawyer, 6th January 2023
Source: www.localgovernmentlawyer.co.uk
Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers
‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’
Hailsham Chambers, 3rd January 2023
Source: www.hailshamchambers.com
Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer
“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”
Local Government Lawyer, 5th January 2023
Source: www.localgovernmentlawyer.co.uk
Teenage girl awarded £25k compensation after assault at school – Local Government Lawyer
‘A teenage girl has been awarded £25,000 in compensation after she suffered sexual assault at school by a boy who had been moved from another school where he was under police investigation for similar alleged criminal offences.’
Local Government Lawyer, 6th January 2023
Source: www.localgovernmentlawyer.co.uk
SRA can enforce costs order against solicitor struck off in 2010 – Legal Futures
‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’
Legal Futures, 6th January 2023
Source: www.legalfutures.co.uk
Outdated laws on disposal of the deceased to be reviewed, including burials, cremation and other methods – Law Commission
‘The Law Commission of England and Wales has begun a new project that will review the ancient laws that govern the process of dealing with the remains of the deceased – bringing them into line with modern needs.’
Law Commission, 22nd December 2022
Source: www.lawcom.gov.uk
Civil legal aid review ‘to report in 2024’ – Law Society’s Gazette
‘The Ministry of Justice has finally set the ball rolling on its major review of the civil legal aid sector. However, the timetable suggests any measures to save the shrinking sector may not be implemented until late 2024 at the earliest, in the likely runup to the next general election.’
Law Society's Gazette, 5th January 2023
Source: www.lawgazette.co.uk
The ‘Syringe Method’ of Surrogacy and the Law – Family Law Week
‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’
Family Law Week, 15th December 2022
Source: www.familylawweek.co.uk
Kanye West song ‘Power’ at centre of London High Court royalties dispute – The Independent
‘A judge has outlined detail of the dispute between Declan Colgan Music Ltd and UMG Recordings, Inc in a ruling on a preliminary legal issue.’
The Independent, 5th January 2023
Source: www.independent.co.uk
Government claims more than £130 million after suing pandemic gown supplier – The Independent
‘Lawyers say the Government is claiming more than £130 million after suing a firm at the centre of a row over the supply of personal protective equipment during the coronavirus pandemic.’
The Independent, 5th January 2023
Source: www.independent.co.uk
Names of UK Covid business loan borrowers to stay secret, tribunal rules – The Guardian
‘The British government has been given the go-ahead to keep concealing the names of companies that received in total more than £47bn in state-backed Covid loans, after a tribunal ruled in its favour.’
The Guardian, 5th January 2023
Source: www.theguardian.com
Schools hit by cyber attack and documents leaked – BBC News
‘Highly confidential documents from 14 schools have been leaked online by hackers, the BBC can reveal. One of those was Pates Grammar School in Gloucestershire, targeted by a hacking group called Vice Society.’
BBC News, 6th January 2023
Source: www.bbc.co.uk
Leicester circumcision clinic criticised by inspectors over photos – BBC News
‘A circumcision clinic failed to protect sensitive images of patients and check staff criminal records, a report says.’
BBC News, 6th January 2023
Source: www.bbc.co.uk
What the latest employment tribunal statistics reveal – Mills & Reeve
‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
Making Mediation Mandatory – Doughty Street Chambers
‘The debate around whether mediation can or should be made mandatory has been around for some time. In July this year, the government announced their intention to implement mandatory mediation in all contested claims under £10,000 in the county courts; one driver being only 21% of small claims opt into the present Small Claims Mediation Scheme (SCMS).’
Doughty Street Chambers, 22nd December 2022
Source: insights.doughtystreet.co.uk
