Disaster Avoidance For Experts with Margaret Bowron KC – Law Pod UK
‘In this episode, Emma-Louise Fenelon speaks to Margaret Bowron KC about how to avoid disastrous expert evidence.’
Law Pod UK, 9th January 2022
Source: audioboom.com
Manish Shah: Romford GP given more life sentences for sexually assaulting women – BBC News
‘A former family doctor has received two more life sentences, after sexually assaulting four women during unnecessary examinations.’
BBC News, 9th January 2022
Source: www.bbc.co.uk
Where are we with Section 65 of the Domestic Abuse Act 2021? – Garden Court Chambers
‘The Domestic Abuse Act 2021 came into force in April 2021. Section 65 of the Act (which amends the Matrimonial and Family Proceedings Act 1984 (MFPA) creates prohibitions which “prohibit cross-examination in person”.’
Garden Court Chambers, 23rd December 2022
Source: www.gardencourtchambers.co.uk
BrewDog boss pays almost £500k to unhappy ‘solid gold’ beer can winners – The Guardian
‘The chief executive of BrewDog has paid out almost £500,000 from his own pocket to winners of a bungled “solid gold” beer can promotion which he has admitted made the controversial brewer look “dishonest and disingenuous”.’
The Guardian, 9th January 2023
Source: www.theguardian.com
Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers
‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’
Wilberforce Chambers, 20th December 2022
Source: www.wilberforce.co.uk
The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers
‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
Should Boundary Disputes Be Allocated to the Small Claims Track? – Pallant Chambers
Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v Winner, His Honour Judge Mithani KC, in somewhat of a surprising judgment, stated, obiter dictum, that to prevent disproportionate costs in boundary disputes involving a small amount of land they should be allocated to the Small Claims Track (“SCT”). Davis has been subsequently relied upon by District Judges to allocate analogous cases to the SCT. However, given the complex characteristics of boundary disputes, it is necessary to undertake a detailed assessment of their suitability for the SCT.
Pallant Chambers, 14th December 2022
Source: www.pallantchambers.co.uk
Episode 6: The Ghost in the Machine? Good Faith in Contract after Re Compound Photonics – Blackstone Chambers
‘Join Andreas Gledhill KC as he explores the implications of the recent Court of Appeal decision Re Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371.’
Blackstone Chambers, 13th December 2022
Source: www.blackstonechambers.com
Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row
‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’
25 Bedford Row, 5th December 2022
Source: www.25bedfordrow.com
Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
Davies v O’Keeffe & Ors (Re Greenfrost Ltd & PMO Property Ltd) [2023] EWHC 5 (Ch) (06 January 2023)
High Court (Commercial Court)
Evrythng Ltd v Gilbert-Rolfe [2023] EWHC 7 (Comm) (06 January 2023)
Source: www.bailii.org
Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog
‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’
EIN Blog, 9th January 2023
Source: www.ein.org.uk
When volunteers and interns may acquire employment rights – OUT-LAW.com
‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships.’
OUT-LAW.com, 6th January 2023
Source: www.pinsentmasons.com
ASA ruling against Ladbrokes highlights social media risks for gambling brands’ ad campaigns – OUT-LAW.com
‘The UK Advertising Standards Authority’s (ASA) recent ruling against gambling brand Ladbrokes and its operator LC International Ltd over a marketing tweet signals the regulator’s stringent approach in enforcing its new guidance to protect under 18s in the UK from gambling adverts.’
OUT-LAW.com, 6th January 2023
Source: www.pinsentmasons.com
Insurance premiums and commissions – Nearly Legal
‘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
London to host major international meeting on war crimes – Ministry of Justice
‘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
Members of the Traveller community visit the Old Bailey – Courts & Tribunals Judiciary
‘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
Healthcare Enabled Fraud – 3PB
‘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
Covid loans secrecy is in the public interest, tribunal rules – Law Society’s Gazette
‘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
