Experts on Trial – 4KBW

‘Chris Bryden and Georgia Whiting write in the April edition of Construction Law, examining case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.’

Full Story

4KBW, 4th May 2022

Source: www.4kbw.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

Full Story

Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

Exclusions and independent schools: options for families – 5SAH

Posted May 24th, 2022 in complaints, contracts, equality, news, school exclusions by sally

‘England and Wales are home to some of the world’s most celebrated independent schools. They provide life-changing opportunities and are seen by many as a passport to success.’

Full Story

5SAH, 17th May 2022

Source: www.5sah.co.uk

UK watchdog fines facial recognition firm £7.5m over image collection – The Guardian

Posted May 24th, 2022 in data protection, facial mapping, fines, internet, news by sally

‘The UK’s data watchdog has fined a facial recognition company £7.5m for collecting images of people from social media platforms and the web to add to a global database.’

Full Story

The Guardian, 23rd May 2022

Source: www.theguardian.com

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

Full Story

Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Fulham FC v Jones [2022] EWHC 1108 (QB) – Blackstone Chambers

Posted May 24th, 2022 in news by sally

‘The claim, brought by Mr Jones, concerned a tackle that occurred in the second half of a competitive football match played between the u18s teams of Swansea FC (Mr Jones’s team) and Fulham FC. In the course of the match, Mr Jones was tackled by a Fulham player, Mr Jayden Harris.’

Full Story

Blackstone Chambers, 18th May 2022

Source: www.sportslawbulletin.org

Court of Appeal: transfer of assets abroad tax rules should be ‘kept in reserve’ – OUT-LAW.com

Posted May 24th, 2022 in news by sally

‘HM Revenue & Customs should not be seeking to apply the transfer of assets abroad (TOAA) code in priority over the standard employment tax provisions, the Court of Appeal in London has suggested.’

Full Story

OUT-LAW.com, 23rd May 2022

Source: www.pinsentmasons.com

Why The Human Rights Act Matters To Journalists – Each Other

Posted May 24th, 2022 in bills, human rights, media, news by sally

‘The Justice Secretary, Dominic Raab, recently took to the Mail Online to justify his plans to introduce a Bill of Rights replacing the Human Rights Act (HRA), the UK law that obliges the government to ensure our rights as citizens are upheld.’

Full Story

Each Other, 23rd May 2022

Source: eachother.org.uk

Make legal advice available at GP surgeries and libraries, says think tank – Legal Futures

Posted May 23rd, 2022 in civil justice, doctors, legal advice, libraries, local government, news by sally

‘Making legal advice available at GP surgeries, council offices, libraries and other convenient locations can help more people get more “timely” access to civil justice, according to a think tank report published today.’

Full Story

Legal Futures, 23rd May 2022

Source: www.legalfutures.co.uk

Agent’s abused former partner in legal action against MI5 – BBC News

‘A woman who was terrorised and abused by an MI5 agent is taking legal action against the security service.’

Full Story

BBC News, 21st May 2022

Source: www.bbc.co.uk

The Specialist Commercial Bar & Black Inclusion – First Steps – The Chancery Bar Association

Posted May 23rd, 2022 in barristers, diversity, equality, news by sally

‘The Equality and Diversity Sub-Committees of COMBAR, ChBA and Tecbar (the “SBAs”) are delighted to issue the report “The Specialist Commercial Bar & Black Inclusion – First Steps” (“the Report”) for consideration by members and member sets.’

Full Story

The Chancery Bar Association, April 2022

Source: www.chba.org.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

Full Story

Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

Full Story

St John's Buildings, May 2022

Source: stjohnsbuildings.com

The Whole Life Order: Have the Floodgates Been Opened? – Pump Court Chambers

‘Events that occurred in March 2021 instituted a widespread heated debate both domestically and internationally as a consequence of the murder of Sarah Everard at the hands of police officer Wayne Couzens. It sparked a global women’s safety movement and erosion of public confidence in police protection, alongside sparking conversations around inequality, misogyny and victim-blaming. Further, it was also a rare case of a whole life order being handed down for a single murder. Up there in the list of the most famous names in criminal history with Myra Hindley, Peter Sutcliffe and Rosemary West, now stands the name Wayne Couzens. Putting aside societal, political and media considerations regarding this sentence, can interpretation of the statute and of sentencing provisions in this case be seen as opening the floodgates?’

Full Story

Pump Court Chambers, 10th May 2022

Source: www.pumpcourtchambers.com

Legal smoking age in England could be raised to 21 – report – The Guardian

Posted May 23rd, 2022 in age of consent, government departments, health, news, smoking, young persons by sally

‘The legal smoking age in England could reportedly be raised from 18 to 21 after a “radical” review into plans to make the country smoke-free by 2030.’

Full Story

The Guardian, 21st May 2022

Source: www.theguardian.com

Court of Protection Newsletter – Spire Barristers

Posted May 23rd, 2022 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

Full Story

Spire Barristers, 16th May 2022

Source: spirebarristers.co.uk

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

Full Story

St Philips Barristers, 6th May 2022

Source: st-philips.com

‘Wagatha Christie’ puts England’s legal system on trial in the social media age – The Guardian

Posted May 23rd, 2022 in civil justice, defamation, internet, media, news by sally

‘People poke fun at the lawyers, but there are serious concerns about how the law deals with everyone being a publisher.’

Full Story

The Guardian, 20th May 2022

Source: www.theguardian.com

Article by Tonicha Allen and Anna Chambers: No Fault Divorce, Help or Hindrance? – Park Square Barristers

Posted May 23rd, 2022 in chambers articles, divorce, families, marriage, married persons, news by sally

‘On the 6th of April 2022 to the delight of many family practitioners, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) instigated a momentous change to divorce proceedings. No fault divorce is now a legitimate way to end a marriage.’

Full Story

Park Square Barristers, 11th May 2022

Source: www.parksquarebarristers.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

Full Story

Monckton Chambers, 9th May 2022

Source: www.monckton.com