‘Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership). This was the FTT’s decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had had to pay over the 10 years since 2010/11.’
Nearly Legal, 8th January 2023
Source: nearlylegal.co.uk
‘Justice ministers from around the world will convene in London in March to support the International Criminal Court (ICC) investigating alleged war crimes in Ukraine.’
Ministry of Justice, 7th January 2023
Source: www.gov.uk
‘At the end of November 2022, HHJ Dafna Spiro, a Diversity and Community Relations Judge (DCRJ), and HHJ Angela Rafferty KC hosted a group of young people from the Traveller community at the Old Bailey. Planning for the trip began back in May 2022, with HHJ Beccy Trowler KC and June Warwick also playing a key role. HHJ Spiro and HHJ Rafferty were joined by June, a barrister at Rose Court Chambers, herself from the Traveller community. Six young people joined the visit, accompanied by three adults from Friends, Families & Travellers (FFT), a charity that works to end racism and discrimination against Gypsy, Roma and Traveller people.’
Courts & Tribunals Judiciary, 5th January 2023
Source: www.judiciary.uk
‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’
3PB, 13th December 2022
Source: www.3pb.co.uk
‘The public interest in preventing prejudice to commercial interests trumps the public interest in publishing details of recipients of emergency Covid loans, the First Tier Tribunal has ruled. In Spotlight on Corrupton & Anor v The Information Commissioner & The British Business Bank, tribunal judge Sophie Buckley rejected two appeals against the information commissioner’s decision not to require the British Business Bank to identify all the businesses that had taken out loans under four government schemes during the pandemic.’
Law Society’s Gazette, 6th January 2023
Source: www.lawgazette.co.uk
‘A government report has identified multiple safeguarding risks at “out-of-school settings” (OOSS), which include sports clubs, tuition centres and uniformed youth groups attended by millions of children across England every week, prompting calls for better oversight of the sector.’
The Guardian, 9th January 2023
Source: www.theguardian.com
‘The issue of the recoverability of VAT in the assessment of costs is unusual, but a 20% difference in the sum to be paid as a paying party can be very significant. The issue became very contentious in this case, with the RP contending in their skeleton argument that the point raised was “bizarre and bound to fail”.’
Guildhall Chambers, 6th December 2022
Source: www.guildhallchambers.co.uk
‘Cambridgeshire County Council is to compensate the family of a woman whose carer “wailed” on the floor after she was told of her client’s death.’
BBC News, 9th January 2023
Source: www.bbc.co.uk
‘The Court of Appeal has handed down a significant judgment on the interpretation of settlement agreements; and specifically, whether a settlement agreement was intended to, and has the effect of, precluding or releasing claims arising from fraud, conspiracy or other intentional wrongdoing despite not expressly referring to such claims.’
Blackstone Chambers, 21st December 2022
Source: www.blackstonechambers.com
‘Financial services firms can take steps now to prepare for the planned introduction of a new system of regulation for artificial intelligence (AI) systems in the UK.’
OUT-LAW.com, 5th January 2023
Source: www.pinsentmasons.com
Source: www.legislation.gov.uk
‘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
‘“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
‘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
‘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
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