Causation in insurance law – a new interpretation? – Hardwicke Chambers

Posted October 30th, 2020 in causation, chambers articles, insurance, interpretation, news by sally

‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’

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Hardwicke Chambers, 6th October 2020

Source: hardwicke.co.uk

Ex-zoo worker jailed over penguins and rare birds theft – BBC News

Posted October 30th, 2020 in animals, burglary, imprisonment, news, sentencing, theft by sally

‘A man who stole penguins and rare birds from a zoo has been jailed.’

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BBC News, 30th October 2020

Source: www.bbc.co.uk

SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers

Posted October 30th, 2020 in banking, chambers articles, financial regulation, financial services ombudsman, interest, news, rates by sally

‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’

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Henderson Chambers, 7th October 2020

Source: www.hendersonchambers.co.uk

What To Do About London’s Roof Tops – The 36 Group

Posted October 30th, 2020 in chambers articles, codes of practice, housing, local government, London, news, planning by sally

‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’

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The 36 Group, October 2020

Source: 36group.co.uk

The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs – Local Government Lawyer

Posted October 30th, 2020 in contracts, damages, local government, news, part 36 offers, waste by sally

‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’

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Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk

Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers

Posted October 30th, 2020 in chambers articles, Court of Protection, disabled persons, news by sally

‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Courts backlog ‘tipping point’ for justice system – BBC News

Posted October 30th, 2020 in coronavirus, county courts, criminal justice, delay, news, trials by sally

‘The number of criminal cases waiting to be dealt with by Crown Courts threatens to overwhelm the justice system in England and Wales, a study suggests.’

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BBC News, 30th October 2020

Source: www.bbc.co.uk

Jeremy Bamber’s prison category status appeal rejected – BBC News

Posted October 30th, 2020 in appeals, families, murder, news, prisons by sally

‘Murderer Jeremy Bamber has lost his attempt to bring legal action over his maximum security prisoner status.’

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BBC News, 30th October 2020

Source: www.bbc.co.uk

Use of force by police: what is the standard for determining misconduct? – UK Human Rights Blog

Posted October 30th, 2020 in appeals, disciplinary procedures, firearms, human rights, news, police, professional conduct, standard of proof, unlawful killing by sally

‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’

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UK Human Rights Blog, 28th October 2020

Source: ukhumanrightsblog.com

Man who controlled ex-partner’s digital existence jailed – BBC News

Posted October 30th, 2020 in coercive & controlling behaviour, imprisonment, internet, mental health, news, sentencing, stalking by sally

‘A man who used his ex-partner’s social media accounts to send explicit clips of her to her boss and family has been jailed for three years and four months.’

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BBC News, 29th October 2020

Source: www.bbc.co.uk

Ex-prisoner challenges MoJ policy after alleged sexual assault by trans woman – The Guardian

Posted October 30th, 2020 in assault, gender, Ministry of Justice, news, prisons, sexual offences, transgender persons, women by sally

‘A prisoner who was allegedly sexually assaulted behind bars by another inmate has challenged the Ministry of Justice over its policy on placing transgender women in women’s prisons.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

Posted October 30th, 2020 in appeals, carers, disabled persons, families, human rights, judges, jurisdiction, local government, news by sally

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Bereaved mum in birth certificate law change bid – BBC News

Posted October 30th, 2020 in bereavement, birth certificates, children, families, news, parental rights by sally

‘A woman wants the law to change to make it easier to name unmarried fathers who have died on their child’s birth certificate.’

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BBC News, 29th October 2020

Source: www.bbc.co.uk

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Legal aid services are on brink of collapse, lawyers tell MPs – The Guardian

Posted October 30th, 2020 in budgets, coronavirus, criminal justice, inquiries, law firms, legal representation, Ministry of Justice, miscarriage of justice, news, select committees, solicitors by sally

‘Legal aid services are on the brink of collapse due to successive cuts and the disruption wreaked by Covid-19, say lawyers.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Structural racism led to worse Covid impact on BAME groups – report – The Guardian

Posted October 29th, 2020 in coronavirus, equality, minorities, news, racism, reports by sally

‘Structural racism led to the disproportionate impact of the coronavirus pandemic on black, Asian and minority ethnic (BAME) communities, a review by Doreen Lawrence has concluded.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

Posted October 29th, 2020 in burden of proof, disciplinary procedures, employment tribunals, evidence, indecent photographs of children, news, teachers, unfair dismissal by sally

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

Posted October 29th, 2020 in elections, inquiries, judicial review, ministers' powers and duties, news, parliament, Russia, spying by sally

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers

Posted October 29th, 2020 in bereavement, financial provision, news, widows, wills by sally

‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk