Current Awareness

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

Posted July 30th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by sally

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

Posted July 30th, 2021 in civil procedure rules, construction industry, costs, disclosure, dispute resolution, news, pilot schemes by sally

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

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Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

Judge rejects legal challenge over £27.4bn roads programme – Local Government Lawyer

Posted July 30th, 2021 in climate change, environmental protection, government departments, judicial review, news, roads, transport by sally

‘The High Court has thrown out a campaign group’s legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Man jailed after fake Amazon delivery driver gun attack – BBC News

Posted July 30th, 2021 in assault, firearms, imprisonment, news, offensive weapons, sentencing by sally

‘A man who disguised himself as an Amazon delivery driver to attack his victim with a shotgun has been jailed.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

Ep148: Interim Care Orders and Newborn Babies – Law Pod UK

Posted July 30th, 2021 in birth, care orders, families, news, podcasts by sally

‘Richard Ager and Clare Ciborowska of 1 Crown Office Row (Brighton) discuss with Rosalind English the distressing and emotional business of removing newborns from their mothers when it is decided that it is in the infant’s best interests. Earlier this year the Public Law Working group has published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. Whether these recommendations will be implemented remains to be seen.’

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Law Pod UK, 29th July 2021

Source: audioboom.com

Convicted terrorist found driving London bin lorries jailed – BBC News

Posted July 30th, 2021 in imprisonment, news, notification, police, sentencing, terrorism by sally

‘A convicted terrorist found driving bin lorries in London has been jailed for failing to tell police he was driving potentially dangerous vehicles.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

What Are Reparations And What Forms Can They Take? – Each Other

Posted July 30th, 2021 in compensation, forced labour, human rights, Jamaica, news, trafficking in human beings by sally

‘With Jamaica preparing to ask for reparations from Britain for the Atlantic slave trade, EachOther asks what this could look like?’

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Each Other, 29th July 2021

Source: eachother.org.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Marcus Coutain: Knee-on-neck arrest PC will not face disciplinary action – BBC News

Posted July 30th, 2021 in disciplinary procedures, news, ombudsmen, Poland, professional conduct, race discrimination, restraint by sally

‘A police officer who knelt on a black man’s neck during an arrest will not face disciplinary proceedings, the police watchdog has decided.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 29th, 2021 in legislation by sally

SI 2021/905 – The Medical Devices (Northern Ireland Protocol) Regulations 2021

SI 2021/890 – The Political Parties, Elections and Referendums Act 2000 (Commencement No. 4 and Transitional Provisions) Order 2021

SI 2021/889 – The Mid Devon (Electoral Changes) Order 2021

SI 2021/888 – The New Forest (Electoral Changes) Order 2021

SI 2021/887 – The Bracknell Forest (Electoral Changes) Order 2021

SI 2021/886 – The Social Security (Scotland) Act 2018 (Disability Assistance, Young Carer Grants, Short-term Assistance and Winter Heating Assistance) (Consequential Provision and Modifications) Order 2021

SI 2021/803 – The Education (Chief Inspector of Education and Training in Wales) Order 2021

SI 2021/908 – The Fisheries Act 2020 (Scheme for Financial Assistance) (England) Regulations 2021

SI 2021/904 – The REACH etc. (Amendment) Regulations 2021

SI 2021/894 – The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) (No. 2) Regulations 2021

SI 2021/844 – The Legal Officers (Annual Fees) Order 2021

SI 2021/843 – The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2021

SI 2021/842 – The Legislative Reform (Church Commissioners) Order 2021

SI 2021/840 – The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2021

SI 2021/910 – The Medical Devices (Coronavirus Test Device Approvals) (Amendment) Regulations 2021

SI 2021/902 – The Diocese of Oxford (Educational Endowments) (Akeley Church of England School) Order 2021

SI 2021/901 – The Electricity Capacity (Amendment) Regulations 2021

SI 2021/900 – The St Albans (Electoral Changes) Order 2021

SI 2021/898 – The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

SI 2021/897 – The Misuse of Drugs and Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Regulations 2021

SI 2021/895 – The St Helena, Ascension and Tristan da Cunha Constitution (Amendment) Order 2021

SI 2021/878 – The Turks and Caicos Islands Constitution (Amendment) Order 2021

SI 2021/909 – The Calorie Labelling (Out of Home Sector) (England) Regulations 2021

Source: www.legislation.gov.uk

Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, chambers articles, damages, health & safety, negligence, news, personal injuries, sport by sally

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

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12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

Posted July 29th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, postal service, race discrimination by sally

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

Beyond Visual Line of Sight (BVLOS) Drone use is coming. What should Insurers be Doing? – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, aircraft, chambers articles, insurance, news by sally

‘Articles that set out to consider the hidden costs of new technology often seek to catch the eye by starting with a vivid description of a recent near-miss. Nothing is as effective an antidote to entrepreneurial optimism as hard evidence of a disaster narrowly avoided.’

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12 King's Bench Walk, 27th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

Posted July 29th, 2021 in accidents, appeals, chambers articles, damages, news, personal injuries, psychiatric damage by sally

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

To order or not to order compulsory ADR: there is no question – 3PB

Posted July 29th, 2021 in chambers articles, civil justice, dispute resolution, news by sally

‘Earlier this month the Civil Justice Council published a report entitled “Compulsory ADR” (“the Report”).’

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3PB, 22nd July 2021

Source: www.3pb.co.uk