A right to cross-examine? The current position – No. 5 Chambers

Posted July 30th, 2020 in appeals, cross-examination, news, planning by sally

‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:

“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’

Full Story

No. 5 Chambers, 21st July 2020

Source: www.no5.com

McKenzie v Leeds Crown Court – Exchange Chambers

Posted July 30th, 2020 in coronavirus, Crown Court, lists, news, time limits by sally

‘The Claimant was due to have his 4 day trial commence in Leeds Crown Court on 27th April 2020. On 23rd March the Lord Chief Justice pronounced that no new trials would commence until further notice. This was categorised during the claim as a “listing decision”; one that affected every single criminal case in the jurisdiction that was pending trial before the Crown Court. The application to extend the Claimant’s CTL was made the same day the decision was made on the recent pro-forma application which states that each application is “made due to the current public health crisis”. The application was heard on what would have been the first day of trial and in a written judgement of the Claimant’s CTL was extended. These applications have been made up and down the country on the same basis and so the claim was of wide public importance.’

Full Story

Exchange Chambers, 23rd July 2020

Source: www.exchangechambers.co.uk

Reflecting on “reflective loss”: Case note on Sevilleja v Marex Financial Ltd [2020] UKSC 31 – Hailsham Chambers

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The appeal to the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 re-states the principle that a company’s shareholders cannot recover damages against a wrongdoer for loss which is “reflective” of a loss caused by the wrongdoer to the company itself.’

Full Story

Hailsham Chambers, July 2020

Source: www.hailshamchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 30th, 2020 in legislation by sally

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 5) Regulations 2020

Source: www.legislation.gov.uk

Arbitration Claims Under CPR Part 62: Is Forum Non Conveniens Relevant? – Hardwicke Chambers

Posted July 30th, 2020 in arbitration, choice of forum, civil procedure rules, news by sally

‘This article reviews the recent case of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors (Rev 1) [2020] EWCA Civ 574.’

Full Story

Hardwicke Chambers, 23rd July 2020

Source: hardwicke.co.uk

BAILII: Recent Deisions

Posted July 30th, 2020 in law reports by sally

Supreme Court

Lehtimaki & Ors v Cooper [2020] UKSC 33 (29 July 2020)

Court of Appeal (Civil Division)

Hoareaut & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs [2020] EWCA Civ 1010 (30 July 2020)

FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996 (29 July 2020)

Houldsworth Village Management Company Ltd v Barton [2020] EWCA Civ 980 (29 July 2020)

Secretary of State for the Home Department & Anor v RH [2020] EWCA Civ 1001 (29 July 2020)

High Court (Administrative Court)

Network Rail Infrastructure Ltd v Welsh Ministers [2020] EWHC 1993 (Admin) (30 July 2020)

Khan, R (On the Application Of) v Secretary of State for the Justice Department [2020] EWHC 2084 (Admin) (30 July 2020)

Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council [2020] EWHC 2071 (Admin) (30 July 2020)

Osadebay, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2086 (Admin) (29 July 2020)

Klisins v Regional Court of Dobele, Latvia [2020] EWHC 2076 (Admin) (29 July 2020)

Dyfed Powys Police, R (On the Application Of) v Police Misconduct Tribunal [2020] EWHC 2032 (Admin) (29 July 2020)

Pommell v Crown Prosecution Service [2020] EWHC 2074 (Admin) (29 July 2020)

EA & Anor, R (On the Application Of) v The Chairman of the Manchester Arena Inquiry [2020] EWHC 2053 (Admin) (29 July 2020)

High Court (Chancery Division)

Eric Wright Group Ltd v Council of the City of Manchester [2020] EWHC 2089 (Ch) (30 July 2020)

Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020)

Telnic Ltd v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch) (29 July 2020)

High Court (Commercial Court)

Serious Fraud Office & Anor v LCL & Ors (Ruling) [2020] EWHC 2077 (Comm) (28 July 2020)

Serious Fraud Office & Anor v LCL & Ors (Ruling) [2020] EWHC 2079 (Comm) (28 July 2020)

Apache North Sea Ltd v Ineos FPS Ltd [2020] EWHC 2081 (Comm) (30 July 2020)

Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) (30 July 2020)

High Court (Technology and Construction Court)

RG Securities (No.2) Ltd v (Allianz Global Corporate And Specialty CE & Ors [2020] EWHC 2047 (TCC) (29 July 2020)

Source: www.bailii.org

Does a lie about fertility negate consent? – Park Square Barristers

Posted July 30th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This article examines the recent Court of Appeal decision in R v Lawrence EWCA Crim 971. The Court had to determine whether a lie by the appellant as to his fertility could, in law, negate the consent given by the complainant.’

Full Story

Park Square Barristers, 23rd July 2020

Source: www.parksquarebarristers.co.uk

Family Law Newsletter – Spire Barristers

Posted July 30th, 2020 in chambers articles, divorce, family courts, jurisdiction, news, remote hearings, Scotland, surrogacy by sally

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

Full Story

Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

No recourse to public funds; no recourse to dignity – 1MCB

Posted July 30th, 2020 in benefits, children, human rights, immigration, news by sally

‘Geeta Koska recently published a blog on the future impact on the protection of children’s welfare of the High Court’s decision in R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Another [2020] EWHC 1299 (Admin). The blog was published in “Children and Young People Now”.’

Full Story

1MCB, July 2020

Source: 1mcb.com

No duty to exercise option reasonably or in good faith in engine maintenance agreement (Cathay Pacific Airways Ltd v Lufthansa Technik AG) – 3PB

Posted July 30th, 2020 in airlines, contracts, interpretation, news by sally

‘The High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms (including on the basis of the Braganza v BP Shipping Ltd and Socimer International Bank v Standard Bank London line of cases and relational contracts). The judgment also serves as a reminder to practitioners that evidence of statements made in precontractual negotiations, including mutual understanding (subject to limited exceptions) are generally inadmissible to assist with the interpretation of a concluded contract. Written by Rebecca Farrell, counsel, at 3 Paper Buildings.’

Full Story

3PB, July 2020

Source: www.3pb.co.uk

Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

Full Story

4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

New Judgment: Lehtimaki & Ors v Cooper [2020] UKSC 33 – UKSC Blog

Posted July 30th, 2020 in charities, company law, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘The Children’s Investment Fund Foundation is a charitable company with more than $4bn in assets helping children in developing countries. It was founded by Sir Christopher Hohn and Ms Jamie Cooper in 2002, but it became difficult to manage when their marriage broke down. These proceedings stem from the steps they took to resolve those difficulties. Specifically, they agreed that in exchange for a grant of $360 million to Big Win Philanthropy, a charity founded by Ms Cooper, she would resign as a member and trustee of CIFF.’

Full Story

UKSC Blog, 29th July 2020

Source: ukscblog.com

Grounds for Setting Aside a Will: Undue Influence – Pallant Chambers

Posted July 30th, 2020 in news, setting aside, undue influence, wills by sally

‘The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can be challenged.’

Full Story

Pallant Chambers, 22nd July 2020

Source: www.pallantchambers.co.uk

Upper Tribunal dismisses bid to claim adverse possession over land owned by city council – Local Government Lawyer

Posted July 30th, 2020 in adverse possession, land registration, local government, news by sally

‘Two applicants have been told they cannot claim adverse possession of council-owned land which is not adjacent to their own.’

Full Story

Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Commercial sets join forces to launch mentoring scheme – Litigation Futures

Posted July 30th, 2020 in barristers, diversity, equality, news by sally

‘Six leading commercial sets have joined forces to launch a mentoring scheme aimed at people from groups which are underrepresented at the commercial Bar.’

Full Story

Litigation Futures, 29th July 2020

Source: www.litigationfutures.com

Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer

Posted July 30th, 2020 in appeals, local government, news, school admissions, school children, special educational needs by sally

‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’

Full Story

Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

The Impact of COVID-19 on Landlords of Students Occupying HMOs – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, houses in multiple occupation, landlord & tenant, news by sally

‘Measures brought in to tackle the pandemic meant that universities, much like everyone else, had to implement policies of working or learning remotely. These are likely to continue at varying extents across England for the 2020-2021 academic year. If students, in particular those residing otherwise abroad, do not need to attend lectures in person, and face difficulties in returning to England due to travel restrictions, then this is likely to raise an issue for landlords of HMOs targeted at that sector of the market. This is because students renting a room in shared accommodation or those who had agreed to do so for the next academic year are likely to try to surrender their lease. Where does this leave the landlords?’

Full Story

4-5 Gray's Inn Square, 17th July 2020

Source: www.4-5.co.uk

New survey reveals justice system hanging by a thread – Bar Council

Posted July 30th, 2020 in barristers, coronavirus, criminal justice, diversity, news, reports by sally

‘The Bar Council’s latest survey of the barristers’ profession has revealed the profound impact of Covid-19 on justice. It finds a criminal justice system pushed to breaking point and a huge reduction in work and income, forecasting an exodus that could drain the Bar of diversity and diminish access to justice in the future.’

Full Story

Bar Council, 27th July 2020

Source: www.barcouncil.org.uk

Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association

Posted July 30th, 2020 in bills, brexit, devolution, EC law, news, Scotland by sally

‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’

Full Story

UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

Full Story

UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com