Current Awareness – Page 564 – Legal News selected by the Inner Temple Library

Bankruptcy Petitions – Petitioner Substitution r.10.27 and Change of Carriage r.10.29 – 33 Bedford Row

Posted November 3rd, 2021 in bankruptcy, chambers articles, debts, insolvency, news by sally

‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:

“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘

33 Bedford Row, 14th October 2021

Source: www.33bedfordrow.co.uk

Pro bono services “cannot keep up” with post-Covid demand – Legal Futures

Posted November 3rd, 2021 in coronavirus, law firms, legal services, news, pro bono work by sally

‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’

Legal Futures, 3rd November 2021

Source: www.legalfutures.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

Posted November 3rd, 2021 in benefits, bereavement, compensation, contracting out, families, government departments, inquests, mental health, negligence, news, suicide by sally

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

The Guardian, 3rd November 2021

Source: www.theguardian.com

The (Rebuttable) Presumption of Honesty – Hailsham Chambers

Posted November 2nd, 2021 in causation, fiduciary duty, loss of chance, negligence, news, set-off, solicitors by sally

‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’

Hailsham Chambers, 8th October 2021

Source: www.hailshamchambers.com

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

Posted November 2nd, 2021 in civil procedure rules, compensation, costs, damages, news, part 36 offers, personal injuries, set-off, Supreme Court by sally

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Defensive Advising Strategies 3: Risk Bargaining Between Adviser and Client – Wilberforce Chambers

Posted November 2nd, 2021 in barristers, fees, legal advice, news by sally

‘The concept of “risk bargaining” is not a term of art. However, I am sure that risk bargaining, as I describe it below, is something well-known to experienced professional advisers in their dealings with their clients.’

Wilberforce Chambers, 7th October 2021

Source: www.wilberforce.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

Posted November 2nd, 2021 in care orders, children, jurisdiction, local government, news, placement orders, prerogative powers by sally

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers

Posted November 2nd, 2021 in employment, health & safety, news, noise, regulations by sally

‘The first edition of Controlling Noise at Work was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of time, have generated the need for a third edition, which offers an opportunity to reconsider the Guidance itself, which contains a plethora of detail beyond the Regulations, and fertile material for cross-examination and submissions at trial.’

Ropewalk Chambers, 2nd November 2021

Source: www.ropewalk.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Alleged extremist to face trial for law firm terror attack – Legal Futures

Posted November 2nd, 2021 in assault, harassment, news, offensive weapons, racism, religiously aggravated offences, terrorism, threatening behaviour by sally

‘An alleged far-right extremist accused of attempting to launch a terror attack at a solicitors’ firm will stand trial next March, a judge decided last week.’

Legal Futures, 2nd November 2021

Source: www.legalfutures.co.uk

Prisoner sentenced for further death threats to MP Jess Phillips – BBC News

Posted November 2nd, 2021 in criminal behaviour orders, news, restraining orders, sentencing, threatening behaviour by sally

‘A prisoner already convicted for sending death threats to MPs has been further sentenced for sending more to Jess Phillips.’

BBC News, 1st November 2021

Source: www.bbc.co.uk

E v L [2021] EWFC 60 (Fam): Short Marriages, Section 25 Criteria and White Leopards Reconsidered – Becket Chambers

Posted November 2nd, 2021 in divorce, financial provision, matrimonial home, news, valuation by sally

‘The purpose of this article, is to consider the application of the section 25 criteria and in particular the issue of company valuation in the case of E v L [2021] EWFC 60, as decided by Mostyn J.’

Becket Chambers, 29th October 2021

Source: becket-chambers.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

Toughen up rules on ministers’ conduct, says standards watchdog – BBC News

Posted November 2nd, 2021 in civil servants, ministers' powers and duties, news, professional conduct, reports, standards by sally

‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report.’

BBC News, 1st November 2021

Source: www.bbc.co.uk

Landowner jailed after breach of injunction prohibiting development in woodland – Local Government Lawyer

Posted November 2nd, 2021 in environmental protection, injunctions, news, planning, sentencing, trees by sally

‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’

Local Government Lawyer, 1st November 2021

Source: www.localgovernmentlawyer.co.uk

Rachel Wilson killing: Keith Hall jailed for 2002 attack – BBC News

Posted November 2nd, 2021 in drug abuse, guilty pleas, homicide, news, perverting the course of justice, prosecutions, sentencing by sally

‘A man who got a teenage girl hooked on drugs and forced her into prostitution to fund his own habit before killing her has been jailed.’

BBC News, 1st November 2021

Source: www.bbc.co.uk

Teenager sentenced to 24 years after double-barrelled shotgun attack – The Guardian

Posted November 2nd, 2021 in attempted murder, firearms, news, sentencing, young offenders by sally

‘A teenager who shot a 15-year-old boy in the face with a double-barrelled shotgun has been sentenced to 24 years in custody for attempted murder.’

The Guardian, 1st November 2021

Source: www.theguardian.com

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