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.’

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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will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

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

Posted May 23rd, 2022 in chambers articles, imprisonment, kidnapping, murder, news, rape, sentencing, sexual offences, statutory interpretation by sally

‘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?’

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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.’

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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.’

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Spire Barristers, 16th May 2022

Source: spirebarristers.co.uk

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

Posted May 23rd, 2022 in appeals, chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal by sally

‘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.’

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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.’

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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.’

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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.’

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Monckton Chambers, 9th May 2022

Source: www.monckton.com

Media reporters’ Charter – open justice, but only for some – Transparency Project

Posted May 23rd, 2022 in codes of practice, courts, HM Courts Service, media, news by sally

‘A new “Reporters’ Charter” outlining the rights and responsibilities of court reporters has been launched to boost transparency in the justice system, according an announcement by HM Courts and Tribunals Service. The charter, part of the General guidance to staff on supporting media access to courts and tribunals, was developed by the Media Lawyers Association and HM Courts and Tribunals Service and unveiled at the Society of Editors Annual Conference on 11 May 2022.’

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Transparency Project, 22nd May 2022

Source: transparencyproject.org.uk

Legal remedies for victims of investment scams: the decision in Hamblin v World First – New Square Chambers

Posted May 23rd, 2022 in assets recovery, banking, chambers articles, Commercial Court, fraud, news by sally

‘The case of Hamblin v World First 2020 EWHC 2383 (Comm), decided by His Honour Judge Pelling QC, “the Judge”, in the London Circuit Commercial Court, is topical because it represents a claim made by the victim of a scam, Mr Hamblin, to recover his losses not directly from the fraudsters as the direct beneficiaries of the scam, but from the payment service provider, here World First, the company that received the monies from Mr Hamblin into an account set up by the fraudsters, and which, acting on instructions from those fraudsters, arranged for the onward payment of those monies. No allegation of dishonesty was made against the payment service provider nor was it suggested that the payment service provider had actual knowledge of the scam.’

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New Square Chambers, 13th May 2022

Source: www.newsquarechambers.co.uk

Billy Henham: Brighton New Year’s Eve party murderers jailed – BBC News

Posted May 23rd, 2022 in bereavement, families, imprisonment, murder, news, sentencing, young persons by sally

‘Four men have been sentenced to a total of 86 years for murdering a “kind and peaceful” man at a New Year’s Eve party in Brighton.’

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BBC News, 20th May 2022

Source: www.bbc.co.uk

Overhaul of children’s social care in England urgent and unavoidable, review finds – The Guardianship

Posted May 23rd, 2022 in budgets, children, government departments, local government, news, social services by sally

‘An urgent multibillion-pound overhaul of children’s social care in England is needed to transform the life chances of thousands of vulnerable young people and reform a system that is spiralling out of control, a government-commissioned review has concluded.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

Posted May 23rd, 2022 in environmental protection, judicial review, local government, news, planning by sally

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Electronic signatures instead of witnesses for LPAs stay on the table – Legal Futures

Posted May 20th, 2022 in consultations, electronic filing, Ministry of Justice, news, powers of attorney, witnesses by sally

‘The government has refused to rule out replacing the witnessing of lasting powers of attorney (LPAs) with electronic signatures despite widespread opposition in a consultation.’

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Legal Futures, 20th May 2022

Source: www.legalfutures.co.uk

Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities, crime minister says – The Independent

Posted May 20th, 2022 in criminal justice, drug offences, equality, London, news, police, race discrimination by sally

‘Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities but the issue does need to be tackled, the crime minister says.’

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The Independent, 20th May 2022

Source: www.independent.co.uk

Alerter by Arnold Ayoo – Costs of an Interim Injunction Where a Defendant Consents to Relief – Henderson Chambers

Posted May 20th, 2022 in chambers articles, costs, injunctions, news by sally

‘In Clayton Recruitment Limited v Wilson & Anor [2022] EWHC 1054 (Ch), the Claimant obtained a costs order after compromising an application for injunctive relief in the Chancery Division against a Defendant.’

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Henderson Chambers, 11th May 2022

Source: www.hendersonchambers.co.uk

Stockwell tenant guilty of murdering couple during lockdown – BBC News

Posted May 20th, 2022 in coronavirus, landlord & tenant, murder, news by sally

‘A man who stabbed his landlords to death during the first national lockdown has been convicted of murder.’

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BBC News, 19th May 2022

Source: www.bbc.co.uk

Did you see? You may have missed… Mr Charles Beresford Davies-Gilbert v Mr Henry James Goacher, Mr Steven Adrian Chester [2022] EWHC 969 – Gatehouse Chambers

Posted May 20th, 2022 in burden of proof, chambers articles, news, planning, reasons, restrictive covenants by sally

‘The Claimant was the owner and/or estate manager of land known as the Gilbert Estate. The Defendants were both freehold owners of land subject to restrictive covenants in favour of land owned by the Claimant. The relevant covenant prohibited any construction without a written licence, “such licence not to be unreasonably withheld.”’

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Gatehouse Chambers, 11th May 2022

Source: gatehouselaw.co.uk

Case Preview: Hastings v Finsbury Orthopaedics Limited and Anor – UKSC Blog

Posted May 20th, 2022 in appeals, burden of proof, consumer protection, medical treatment, news, Scotland, Supreme Court by sally

‘The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 (the “CPA”).’

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UKSC Blog, 20th May 2022

Source: ukscblog.com