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

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

Posted May 20th, 2022 in barristers, costs, harassment, landlord & tenant, legal representation, local government, news by sally

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

How Has the Pandemic Changed the City Workplace? Top 10 Legal Issues in the Post-Pandemic Workplace – Littleton Chambers

Posted May 20th, 2022 in age discrimination, chambers articles, coronavirus, data protection, employment, equality, flexible working, health & safety, news, sex discrimination by sally

‘The last two years have accelerated a number of trends which had already started to gain traction. The most obvious one is the move to remote working.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

Posted May 20th, 2022 in appeals, chambers articles, civil procedure rules, costs, judges, judiciary, legal representation, McKenzie friends, news, sanctions by sally

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

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Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

Bobbi-Anne McLeod: Man jailed for murder of Plymouth teen – BBC News

Posted May 20th, 2022 in imprisonment, murder, news, sentencing by sally

‘A man fascinated with serial killers has been jailed for a minimum of 31 years for murdering an 18-year-old woman he abducted from a bus stop.’

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BBC News, 19th May 2022

Source: www.bbc.co.uk

Laurence Fox denied first libel jury trial for a decade – Law Society’s Gazette

Posted May 20th, 2022 in bias, defamation, interpretation, judges, juries, news, racism, trials by sally

‘Actor and political activist Laurence Fox has failed in his bid for the first libel trial by jury in a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’

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Law Society's Gazette, 18th May 2022

Source: www.lawgazette.co.uk

Proposed Reforms to the UK Human Rights Act – Oxford Human Rights Hub

Posted May 20th, 2022 in consultations, government departments, human rights, news by sally

‘In December 2021, the UK Government released its consultation document proposing changes to the Human Rights Act 1998. That document followed the report of the Independent Human Rights Act Review, established in 2020 to examine, first, the relationship between domestic UK courts and the European Court of Human Rights (ECtHR), and second, the impact of the Human Rights Act 1998 on the relationship between the three branches of state in the UK. Incidentally, the Oxford Human Rights Hub submitted evidence to that latter report. This article considers some of the most important proposed changes.’

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Oxford Human Rights Hub, 18th May 2022

Source: ohrh.law.ox.ac.uk

Health data use undermined by pseudonymisation shortcomings, says Goldacre – OUT-LAW.com

Posted May 20th, 2022 in data protection, doctors, health, news, privacy by sally

‘The practice of pseudonymising data fails to properly safeguard privacy and this impacts public trust in the use of their health data, according to an academic who recently led a government-commissioned review into the use of health data for the purposes of research and analysis.’

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OUT-LAW.com, 19th May 2022

Source: www.pinsentmasons.com

Man jailed for headbutting Sheffield United captain during play-off semi final – The Independent

Posted May 20th, 2022 in assault, imprisonment, news, sentencing, sport by sally

‘A Nottingham Forest football fan was jailed for headbutting Sheffield United captain Billy Sharp at Tuesday’s play-off semi-final after downing seven pints – prompting police to warn “casual thuggery” at games will be punished.’

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The Independent, 19th May 2022

Source: www.independent.co.uk

And no extensions – Nearly Legal

Posted May 20th, 2022 in appeals, housing, judicial review, landlord & tenant, local government, news, repossession by sally

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

New Judgment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

Posted May 20th, 2022 in appeals, burglary, guilty pleas, news, Northern Ireland, sentencing, Supreme Court by sally

‘This appeal concerns the discount which convicted criminals in Northern Ireland are entitled to when they are sentenced.’

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UKSC Blog, 18th May 2022

Source: ukscblog.com

International law should be applied to cyberspace, Attorney General to say – The Independnet

Posted May 20th, 2022 in attorney general, computer crime, international law, internet, news, Russia, Ukraine, war by sally

‘International law should be applied to cyberspace to make it clear when a nation state has acted unlawfully and what action can be legally taken in response to a cyberattack, the Attorney General will say.’

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The Independent, 19th May 2022

Source: www.independent.co.uk

Archie Battersbee: Judge sets date to decide on future of Southend boy in coma – BBC News

Posted May 20th, 2022 in children, doctors, families, medical treatment, news by sally

‘A High Court judge has set a timetable for decisions on the future of a boy at the centre of a treatment dispute after suffering brain damage.’

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BBC News, 19th May 2022

Source: www.bbc.co.uk

‘Ella’s law’ bill seeks to establish right to clean air in UK – The Guardian

Posted May 20th, 2022 in bills, children, environmental health, health, news, pollution by sally

‘A new clean air law is starting out in parliament after the Green party peer Jenny Jones won first place in the House of Lords ballot for private members’ bills.’

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The Guardian, 20th May 2022

Source: www.theguardian.com

When can parental responsibility be removed from a terrible parent? – Transparency Project

Posted May 19th, 2022 in children, domestic violence, imprisonment, married persons, murder, news, parental responsibility by sally

‘In the summer of 2021, Jade Ward was killed by her estranged husband Russell Marsh at their family home. He is now serving a life sentence for her murder. She leaves behind four little boys who are now being raised by her mother and other family members. This is not an isolated tragedy. Each year, many women are killed by their partners or former partners, and it is likely that many of those will have children.’

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Transparency Project, 18th May 2022

Source: transparencyproject.org.uk

Alerter by Tim Green QC and Douglas Maxwell – Building Safety Bill Receives Royal Assent – Henderson Chambers

Posted May 19th, 2022 in bills, building law, defective premises, news, regulations by sally

‘On 29 April 2022, the Building Safety Bill received Royal Assent and has become the Building Safety Act 2022 (the “BSA”). The BSA gives effect to policies set out in the Government response to the “Building a Safer Future” consultation, and Dame Judith Hackitt’s interim and final report undertaken as part of an independent review of building regulations and fire safety.’

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Henderson Chambers, 3rd May 2022

Source: www.hendersonchambers.co.uk

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

Posted May 19th, 2022 in birth, causation, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

Posted May 19th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

Posted May 19th, 2022 in homicide, inquests, judicial review, news, offensive weapons, standard of proof, young offenders, young persons by sally

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk