‘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
‘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 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
“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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’
Guildhall Chambers, 22nd November 2022
Source: www.guildhallchambers.co.uk
‘Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic.’
Atkin Chambers, 16th December 2022
Source: www.atkinchambers.com
‘This briefing provides an overview of disability discrimination law and explains legal duties to consider the needs of disabled people.’
House of Commons Library, 4th January 2023
Source: commonslibrary.parliament.uk
‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
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