Inquests: Tips for Practitioners – Guildhall Chambers

Posted April 30th, 2025 in news by sally

‘In January 2025, the current Chief Coroner published new ‘Bench Guidance’ for coroners. The Guidance is clearly organised, wide-ranging, well written and accessible free of charge.’

Full Story

Guildhall Chambers, 24th April 2025

Source: www.guildhallchambers.co.uk

Court of Appeal Upholds Planning Permission for Hydrocarbon Exploration and Appraisal in the High Weald AONB – Francis Taylor Building

Posted April 30th, 2025 in news by sally

‘The Court of Appeal (Sir Keith Lindblom (SPT) and Singh and Holgate LJs) has dismissed an appeal by Frack Free Balcombe Resident’s Association against the High Court’s rejection of its challenge to an Inspector’s grant of planning permission for the exploration and appraisal of hydrocarbons near Balcombe in the High Weald AONB. The Appellant sought to challenge the High Court’s decision on four grounds. Each of those grounds was dismissed by the Court of Appeal, which also refused permission to appeal to the Supreme Court.’

Full Story

Francis Taylor Building, 17th April 2025

Source: www.ftbchambers.co.uk

Information orders and the limits of Explanatory Notes – Falcon Chambers

Posted April 30th, 2025 in news by sally

‘This post considers the decision of the High Court in BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC).’

Full Story

Falcon Chambers, 22nd April 2025

Source: www.falcon-chambers.com

Famous anti-piracy campaign ‘used pirated font’ – The Independent

Posted April 30th, 2025 in news by sally

‘A famous anti-piracy campaign from the early 2000s which became a part of pop culture history may have itself have been the product of piracy.’

Full Story

The Independent, 29th April 2025

Source: www.independent.co.uk

UK watchdog bans coffee pod ads over ‘misleading’ composting claims – The Guardian

Posted April 30th, 2025 in news by sally

‘Descriptions of coffee pods as “compostable eco capsules” were misleading as they could not be composted at home, the Advertising Standards Authority has ruled.’

Full Story

The Guadian, 30th April 2025

Source: www.theguardian.com

The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care – Mental Capacity Law and Policy

Posted April 30th, 2025 in news by sally

‘The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J in Re J: Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam), that it would allow the appeal. Today (29 April 2025), it gave its reasons for doing so (J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478.’

Full Story

Mental Capacity Law and Policy, 29th April 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Miscarriage of justice watchdog had ‘hole at its heart’, committee chair says – The Guardian

Posted April 30th, 2025 in news by sally

‘Senior management at the miscarriage of justice watchdog were told there was a “hole at the heart” of the organisation as MPs criticised its working from home policy and asked executives if they felt they were the right people to continue leading it.’

Full Story

The Guardian, 29th April 2025

Source: www.theguardian.com

The assessment of credibility and sufficiency of reasons: an appeal on the facts: Hindle v NMC [2025] EWHC 373 (Admin) – 2 Hare Court

Posted April 29th, 2025 in news by sally

‘For most of its history, the common law legal system has regarded live answers from the witness box as the ultimate form of evidence, looking down its nose at other sources, above all the often-despised hearsay. Cross-examination of witnesses was the gold standard method of testing evidence, jealously guarded particularly in criminal trials. The process of an accused confronting their accuser, with the tribunal of fact judging the witness’s honesty or reliability, was invested with almost magical powers of revelation.’

Full Story

2 Hare Court, 15th April 2025

Source: www.2harecourt.com

Low asbestos exposure: the Court of Appeal delivers judgment in Johnstone – 12 King’s Bench Walk

Posted April 29th, 2025 in news by sally

‘The Court of Appeal has handed down judgment in this case addressing the material increase in risk of contracting mesothelioma.’

Full Story

12 King's Bench Walk, 22nd April 2025

Source: 12kbw.co.uk

The relevance (or otherwise) of the Equality Act 2010 – General Medical Council v Shah [2025] EWHC 899 (Admin) – 2 Hare Court

Posted April 29th, 2025 in news by sally

‘Dr Shah faced a number of allegations from Colleague A and B. The Tribunal rejected much of Colleague A’s evidence. Dr Shah did, however, admit he had called her “a good girl” on occasions, and that he called one or more female colleagues “bird”. This constituted harassment related to sex. In relation to Colleague B, the Tribunal found the Respondent inappropriately touched her without consent. In October 2014, he put his arm around her shoulder, leaned in to hug her, and squeezed her bottom. In October 2019, he brushed his body against her breasts, put his hand on her hip and squeezed her bottom. This constituted sexual harassment and was sexually motivated. Of course, the Tribunal considered these acts did amount to misconduct, justified impairment, and ultimately led it to imposed a sanction of 12 months suspension with review.’

Full Story

2 Hare Court, 15th April 2025

Source: www.2harecourt.com

The Danger of Rolling Back DEI in GB – an Analysis by Caspar Glyn KC and Olivia-Faith Dobbie – Cloisters

Posted April 29th, 2025 in news by sally

‘The document emphasises the legal coherence of GB’s current DEI framework, and the potential legal risks involved. Key topics covered in the paper include:

Impact of US Policy Changes: The US administration’s rollback of DEI initiatives could create uncertainty for GB employers, but GB equality law remains unchanged.

Differences in Legal Frameworks: The legal systems in the US and GB differ significantly. US ‘affirmative action’ and GB ‘positive action’ have historically been very different in practice, with GB law having always prohibited race-conscious recruitment and promotion practices.

US Supreme Court Cases: Key US Supreme Court cases, such as Bakke and SFFA v. Harvard, illustrate the evolving legal landscape in the US around affirmative action, which brings the principles closer in line with the approach that has always been followed under GB law.

Legal Risks for GB Employers: Blindly rolling back DEI policies purely because Trump is rolling back US initiatives could increase legal risks for GB employers.

Importance of DEI Policies: Thoughtful DEI policies drafted in accordance with the Equality Act 2010 not only comply with legal requirements here but also enhance workplace diversity, employee retention, and overall business performance.’

Full Story

Cloisters, 9th April 2025

Source: www.cloisters.com

Artificial Intelligence and Art – 39 Essex Chambers

Posted April 29th, 2025 in news by sally

‘How does Artificial Intelligence affect art and cultural institutions? Richard and Clarissa talk to Emily Gould, Assistant Director of the Institute of Art and Law, to discuss the use of creative works for training generative AI; who owns rights to AI produced works; and the use of AI in art attribution. They try their hands at AI-produced art themselves, with slightly worrying results.’

Full Story

39 Essex Chambers, 23rd April 2025

Source: www.39essex.com

Sengupta v The GMC [2025] EWHC 123 (Admin) – how many bites of the cherry should an applicant be afforded after they have been erased from the register? – 2 Hare Court

Posted April 29th, 2025 in news by sally

‘In what must surely be one of the longest running cases in medical professional discipline (and the hardest to summarise pithily), the High Court has recently given some guidance in cases where an erased doctor applies multiple times to be restored to the register.’

Full Story

2 Hare Court, 15th April 2025

Source: www.2harecourt.com

Silencing Homophobia in Sport: Are Clubs Doing Enough to Tackle Online Hate? – Yasin Patel and Caitlin Haberlin-Chambers – Church Court Chambers

Posted April 29th, 2025 in news by sally

‘Despite ongoing efforts to promote inclusivity and visibility, homophobia remains a pervasive issue in sports both in the UK and globally.’

Full Story

Church Court Chambers, 16th April 2025

Source: churchcourtchambers.co.uk

UK’s first trans judge appeals to European court of human rights over supreme court ruling – The Guardian

Posted April 29th, 2025 in news by sally

‘Britain’s first transgender judge is taking the UK to the European court of human rights over the supreme court’s ruling on biological sex.’

Full Story

The Guardian, 29th April 2025

Source: www.theguardian.com

Levelling the Scales – Digital Evidence – 25 Bedford Row

Posted April 29th, 2025 in news by sally

‘In the not so distant past all advocacy in the Crown Court was effectively oral; witnesses were examined and cross-examined, documents were exhibited and speeches made.’

Full Story

25 Bedford Row, 10th April 2025

Source: www.25bedfordrow.com

Doctors condemn Supreme Court ruling on trans women as ‘scientifically illiterate’ – The Independent

Posted April 29th, 2025 in news by sally

‘Doctors at the British Medical Association (BMA) have condemned the Supreme Court’s ruling on biological sex, dubbing it “biologically nonsensical” and “scientifically illiterate”.’

Full Story

The Independent, 29th April 2025

Source: www.independent.co.uk

The importance of particularisation – EQ v DBS [2025] UKUT 038 (AAC) – 2 Hare Court

Posted April 29th, 2025 in news by sally

‘Regulators – for all their faults – appreciate the need to particularise allegations adequately. The same cannot always be said of the DBS. Whilst its decisions can ruin a professional’s life as effectively as any FTP process, it operates with about half the procedural rigour.’

Full Story

2 Hare Court, 15th April 2025

Source: www.2harecourt.com

Foreign sex offenders will be banned from claiming asylum in the UK, says Home Office – The Guardian

Posted April 29th, 2025 in news by sally

‘Foreign nationals convicted of sex offences will be banned from claiming asylum in the UK, Yvette Cooper has said, as Labour attempts to fight off the threat from the Reform party before Thursday’s local elections.’

Full Story

The Guardian, 28th April 2025

Source: www.theguardian.com

Private investigations and data privacy – the ABI Code of Conduct for Investigative and Litigation Support Services – 25 Bedford Row

Posted April 29th, 2025 in news by sally

‘Those with long memories will remember the two reports published under the tenure of Richard Thomas, the then Information Commissioner, “What price privacy?” in May 2006 and “What price privacy now?” in December 2006. The Commissioner had a particularly keen interest in halting the trade in unlawfully obtained personal data, regarding it as a high watermark of privacy invasion. Criminal prosecutions followed (see in particular the case of R v Daniel Summers and others in 2012 here), albeit not always brought by the Information Commissioner’s Office (“the ICO”) and not always successfully.’

Full Story

25 Bedford Row, 16th April 2025

Source: www.25bedfordrow.com