Property: Residential evictions: where are we now? – Lamb Chambers
‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers
‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’
Richmond Chambers, 10th November 2020
Source: immigrationbarrister.co.uk
Clinical negligence and COVID – Counsel
‘Spring 2020 forced fundamental changes on our healthcare system. Helen Mulholland examines the implications of COVID-19 for clinical negligence claims.’
Counsel, November 2020
Source: www.counselmagazine.co.uk
What’s your poison? A selection of recent trade mark decisions concerning the drinks industry – 3PB
‘The Sazerac group is responsible for a wide variety of well-known spirits, including Southern Comfort. This case concerned one its bourbon brands, Eagle Rare. Sazerac had a UK and EU registered trade mark for “EAGLE RARE” in respect of class 33.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
Rebekah Vardy and Coleen Rooney ‘Wagatha Christie’ libel case set for first High Court hearing – Daily Telegraph
‘Rebekah Vardy has strongly denied Coleen Rooney’s accusations about leaks to a tabloid newspaper, and has sued for damages for libel.’
Daily Telegraph, 19th November 2020
Source: www.telegraph.co.uk
What is the evidence that mediation works in child protection? – Transparency Project
‘Both the Family Justice Review led by David Norgrove back in 2011 and the Care Crisis Review report in 2018 have asked whether child protection mediation in public law could offer anything useful over and above the usual methods of best engaging and involving families in or on the edge of care proceedings. Current methods include Public Law Outline (PLO) processes, Family Group Conferences (FGCs) and problem-solving courts like the Family Drug and Alcohol Court (FDAC). The Care Crisis review noted that mediation in public law was an under researched area.’
Transparency Project, 18th November 2020
Source: www.transparencyproject.org.uk
Comparethemarket fined £17.9m by competition watchdog – The Guardian
‘The competition watchdog has imposed a £17.9m fine on price comparison site Comparethemarket.com after it found that clauses in its contracts with home insurers broke competition law.’
The Guardian, 19th November 2020
Source: www.theguardian.com
Lord Chancellor rails against lawyers who “vaunt political views” online – Legal Futures
‘The Lord Chancellor yesterday told lawyers who “vaunt their political views” on social media to raise their profile and attract work that they are giving the profession a bad name.’
Legal Futures, 19th November 2020
Source: www.legalfutures.co.uk
Windrush: two years on, victims describe long waits and ‘abysmal’ payouts – The Guardian
‘Applicants to the Windrush compensation scheme have spoken about the difficulties they have experienced in securing payouts. Some are concerned by the long delays between applying and being awarded damages, others have expressed unhappiness about the amount they have been offered.’
The Guardian, 19th November 2020
Source: www.theguardian.com
Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers
‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’
39 Essex Chambers, 9th November 2020
Source: www.39essex.com
Call to protect UK doctors from prosecution over life-or-death Covid rationing – The Guardian
‘Doctors forced to choose which patients to treat during the coronavirus pandemic and who would be left to die should be protected from prosecution, the prime minister has been told.’
The Guardian, 17th November 2020
Source: www.theguardian.com
Will guardian schemes survive the Court of Appeal’s decision in Ludgate House? – Hardwicke Chambers
‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
Robustness of software – Digital Evidence and Electronic Signature Law Review
‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’
Digital Evidence and Electronic Signature Law Review, June 2020
Source: journals.sas.ac.uk
Is “Compensation” Back to the Fore in Financial Remedy Proceedings – Becket Chambers
‘The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they met both the Husband (H) and the Wife (W) were working as solicitors with H an associate and W a trainee although W became an associate on qualifying in 2001. They started a relationship in 2002/3 and in that year, H became an equity partner. By 2019 he earned net of tax just short of £1m per annum. In 2006 W became a managing associate, and in 2007 cohabitation started. Later that year W left the firm to be an in-house lawyer at a bank (on the promise she could work part time if she had children). In 2010 she was made a director, although after her maternity leave she found she was not permitted to work part time in the legal department, and took a part time role in the business team. In 2016 she was made redundant, and she did not work after that.’
Becket Chambers, 2nd November 2020
Source: becket-chambers.co.uk
Covid spending: Watchdog finds MPs’ contacts were given priority – BBC News
‘Companies recommended by MPs, peers and ministers’ offices were given priority as the government raced to obtain Personal Protective Equipment, the National Audit Office found.’
BBC News, 18th November 2020
Source: www.bbc.co.uk
CA: Judge was wrong not to order all of part 36 enhanced awards – Litigation Futures
‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’
Litigation Futures, 18th November 2020
Source: www.litigationfutures.com
Service out of the jurisdiction after 31 December 2020: the end of service out without permission? – EU Relations Law
‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’
EU Relations Law, 17th November 2020
Source: eurelationslaw.com
