Fairness and Adjournments: Guidance from the Court of Appeal – No. 5 Chambers

Posted March 11th, 2021 in adjournment, fraud, health, human rights, news, VAT, witnesses by sally

‘In Bilta (UK) Ltd (in liquidation) & Others v Tradition Financial Services Ltd [2021] EWCA Civ 221 the Court of Appeal examined the principles to be applied when a party seeks an adjournment because a witness is unable to attend the trial due to ill-health.’

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No. 5 Chambers, 4th March 2021

Source: www.no5.com

A Spate of Strike Outs: A Review of the Law on Res Judicata – Ropewalk Personal Injury Blog

‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’

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Ropewalk Personal Injury Blog, 25th February 2021

Source: www.ropewalk.co.uk

‘Revenge porn’ is a misnomer – UK Human Rights Blog

‘Why we should replace ‘revenge porn’ with ‘image based sexual abuse’ and reform the mens rea of the Criminal Justice and Courts Act 2015.’

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UK Human Rights Blog, 10th March 2021

Source: ukhumanrightsblog.com

Court rejects bid to remove top QC from high-profile arbitration – Litigation Futures

Posted March 11th, 2021 in arbitration, barristers, news, sport by sally

‘Football club Newcastle United has failed in its bid to remove a top QC from being an arbitrator in a dispute it is having with the Premier League (PL).’

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Litigation Futures, 10th March 2021

Source: www.litigationfutures.com

Human rights commission asked to examine racism in English cricket – The Guardian

Posted March 11th, 2021 in minorities, news, race discrimination, racism, sport by sally

‘The Equality and Human Rights Commission will be asked to conduct an investigation into racism in English cricket following a number of disturbing revelations from black and Asian players and umpires about their experiences in the game, the Guardian can reveal.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

Jack Barnes ‘let down again’ as manslaughter charges not considered – BBC News

Posted March 11th, 2021 in homicide, news, prosecutions, restraint, transport, unlawful killing by sally

‘A man who was unlawfully killed after public transport staff restrained him has been “let down again” as no-one will face manslaughter charges.’

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BBC News, 10th March 2021

Source: www.bbc.co.uk

Top QC: It’s bordering on Luddite to ignore direct access – Legal Futures

Posted March 11th, 2021 in barristers, legal services, news, Wales by sally

‘The former Consul General for Wales has struck out on his own as a sole practitioner and embraced direct access, saying it is “bordering on Luddite” for barristers to ignore it.’

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Legal Futures, 11th March 2021

Source: www.legalfutures.co.uk

Civil liberties groups call police plans for demos an ‘assault’ on right to protest – The Guardian

Posted March 11th, 2021 in bills, demonstrations, freedom of expression, news, police, reports by sally

‘Civil liberties campaigners have warned of a “staggering assault” on the right to protest, as police detailed how they would enforce controversial government proposals to restrict demonstrations.’

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The Guardian, 11th March 2021

Source: www.theguardian.com

EasyJet pays compensation to woman asked to move by ultra-Orthodox Jewish men – The Guardian

Posted March 11th, 2021 in airlines, compensation, Judaism, news, sex discrimination by sally

‘EasyJet has paid compensation to a British-Israeli woman who was asked to change seats on a flight from Tel Aviv after ultra-Orthodox Jewish men objected to sitting next to her.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

Ground Rules – Vulnerable witnesses – Becket Chambers

Posted March 10th, 2021 in chambers articles, children, families, news, practice directions, witnesses by sally

‘We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021.’

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Becket Chambers, 26th February 2021

Source: becket-chambers.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

“You don’t have the votes!” – 4-5 Gray’s Inn Square

Posted March 10th, 2021 in chambers articles, elections, local government, news, parliament by sally

‘Imagine. The UK May 2024 general election is finally drawing to a close. After months of campaigning, the votes are in and pundits are predicting a clear win for Party A. The leader of Party B is concerned the election was not fair and accusations of voter fraud and spoiled ballots begin to fly on social media and the national news. How will this be investigated? Will anyone be prosecuted? Could the election result really be overturned?’

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4-5 Gray's Inn Square, 4th March 2021

Source: www.4-5.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Which hat am I wearing? A tale of two jurisdictions – St Ives Chambers

‘The Court of Appeal Criminal Division and the Divisional Court have confirmed the circumstances in which the Crown, a Defendant, or a third party can challenge the making, variation, or failure to make a reporting restriction for a young person in the criminal justice system.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Tough new rules aim to make electrical goods last longer – The Guardian

‘Tougher rules are being introduced to make appliances such as fridges, washing machines and TVs cheaper to run and last longer, the government has said.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

Meet the new fraud, same as the old fraud – Carmelite Chambers

Posted March 10th, 2021 in budgets, chambers articles, fraud, loans, news, taxation by sally

‘Mark Watson considers the latest Budget and outlines concerns about the scope for abuse and the response from the Government.’

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Carmelite Chambers, 5th March 2021

Source: www.carmelitechambers.co.uk

Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context – UK Constitutional Law Association

‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’

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UK Constitutional Law Association, 9th March 2021

Source: ukconstitutionallaw.org

For Whom the Bell Tolls: “Contract” in the Gig Economy – Oxford Human Rights Hub

‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’

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Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

Guidance on sex question in UK census must be changed, high court rules – The Guardian

Posted March 10th, 2021 in birth certificates, census, gender, judicial review, news by sally

‘Guidance on the sex question in the UK census must be changed before the official day to complete it on 21 March, a high court judge has ruled.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Government to align online and paper court fees – Litigation Futures

Posted March 10th, 2021 in consultations, courts, fees, internet, Ministry of Justice, news, statistics by sally

‘The Ministry of Justice (MoJ) is to press ahead with increasing online court fees in money and possession claims to bring them into line with paper claims in the face of opposition from the legal and credit sectors.’

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Litigation Futures, 9th March 2021

Source: www.litigationfutures.com