Practice Direction 27A and its application to financial proceedings – 3PB
‘The courts are increasingly referring to PD 27A and the necessity for compliance.’
3PB, 26th February 2021
Source: www.3pb.co.uk
Category: news
A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers
‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’
Parklane Plowden Chambers, 1st March 2021
Source: www.parklaneplowden.co.uk
A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers
‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’
Hardwicke Chambers, 4th March 2021
Source: hardwicke.co.uk
Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work – Family Law Week
‘Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets.’
Family Law week, 3rd March 2021
Source: www.familylawweek.co.uk
Man jailed for stabbing wedding guest with fork during bust-up – BBC News
‘A man who repeatedly stabbed a fellow wedding guest in the head with a fork has been jailed.’
BBC News, 4th March 2021
Source: www.bbc.co.uk
Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers
‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway – Pallant Chambers
‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’
Pallant Chambers, 26th February 2021
Source: www.pallantchambers.co.uk
Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers
‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers
‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘
Littleton Chambers, 3rd March 2021
Source: littletonchambers.com
A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers
‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’
No. 5 Chambers, 1st March 2021
Source: www.no5.com
PSQB Spring Newsletter 2021 – Park Square Barristers
‘The Spring edition of the PSQB Newsletter is now available for download.’
Park Square Barristers, 3rd March 2021
Source: www.parksquarebarristers.co.uk
Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog
‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’
Ropewalk Clinical Negligence Blog, 25th February 2021
Source: www.ropewalk.co.uk
Trusts, Probate and Estates: Non-Contentious Commentary – Wilberforce Chambers
‘The Chancellor of the Exchequer delivered his Budget yesterday afternoon. A number of tax measures were introduced to ease the financial burden on businesses and individuals. Some were simply extensions of short-term tax relief, including a holiday on business rates for 3 months, maintaining the £500,000 SDLT nil-rate band, and a freeze on alcohol and fuel duties. In this update, I focus on some longer-term measures designed to promote a post-Covid rebound.’
Wilberforce Chambers, 4th March 2021
Source: www.wilberforce.co.uk
Staff ‘pushed patient over’ at mental health unit, CQC report finds – BBC News
‘A mental health patient was pushed to the floor as hospital staff used “disproportionate and unauthorised techniques”, health inspectors said.’
BBC News, 5th March 2021
Source: www.bbc.co.uk
A Restrictive Interpretation? – Tanfield Chambers
‘Andrew Butler QC assesses the recent Court of Appeal decision in Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227, in which he appeared for the Appellant. The case concerned covenants in restraint of trade, arising in an unusual context.’
Tanfield Chambers, 2nd March 2021
Source: www.tanfieldchambers.co.uk
Police will not launch criminal investigation into Martin Bashir’s interview with Princess Diana – The Independent
‘The Metropolitan Police will take no further action over BBC journalist Martin Bashir’s controversial interview with Princess Diana in 1995.’
The Independent, 4th March 2021
Source: www.independent.co.uk
Miscarriage of justice body’s workload doubled despite severe cuts – report – The Guardian
‘The miscarriage of justice watchdog has suffered the “biggest cut” of any part of the criminal justice system since 2010 and its caseload has more than doubled over the same period, according to a parliamentary investigation.’
The Guardian, 5th March 2021
Source: www.theguardian.com
Call for vulnerable victims to give video evidence amid courts backlog – The Guardian
‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’
The Guardian, 5th March 2021
Source: www.theguardian.com
