Jurors behaving badly – Mountford Chambers

Posted May 3rd, 2024 in chambers articles, criminal justice, evidence, juries, news by sally

‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Big Changes to the 10 Year Long Residence ILR Rules – Richmond Chambers

Posted May 3rd, 2024 in chambers articles, government departments, immigration, news, visas by sally

‘Since 11 April 2024, there has been a(nother) new Appendix to the Immigration Rules: Appendix Long Residence.’

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Richmond Chambers, 1st May 2024

Source: immigrationbarrister.co.uk

Update on the Article 2 investigative duty in inquests: R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin) – Landmark Chambers

‘In R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin), the High Court considered the question of whether an Article 2 investigative duty arises in an inquest in circumstances where the individual concerned was living in their own home; had capacity, and exposed themselves to danger.’

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Landmark Chambers, 16th April 2024

Source: www.landmarkchambers.co.uk

A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch) – Wilberforce Chambers

Posted May 3rd, 2024 in arbitration, chambers articles, jurisdiction, news, trusts by sally

‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’

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Wilberforce Chambers, 26th April 2024

Source: www.wilberforce.co.uk

“Sentencing decisions cannot be prescribed by accidents of time” – Mountford Chambers

‘Stephanie Panchkowry considers the mandatory minimum term for young people in the light of the recent case of Kamarra-Jarra (Ismaila) [2024] EWCA Crim 198.’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Family Law Newsletter – Spire Barristers

Posted May 3rd, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – April 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 22nd April 2024

Source: www.spirebarristers.co.uk

Remediation orders – landlords beware – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, repairs by sally

‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’

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Tanfield Chambers, 26th April 2024

Source: www.tanfieldchambers.co.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

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Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk

Sexism in the City and the FCA – Mountford Chambers

‘Fatima Jama examines the issues in the regulation of non-financial misconduct, in particular, sex offending and gender-based misbehaviour in the financial service industry.’

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Mountford Chambers, 9th April 2024

Source: www.mountfordchambers.com

Di Bari v Avon Ground Rents – Space Apartments, London N22 – a new case on remediation orders – Tanfield Chambers

Posted May 2nd, 2024 in building law, chambers articles, leases, news, repairs by sally

‘This decision follows on from the Tribunal’s decisions in Waite v Kedai (Leigham Court Road), Culpin v Stockwood(Orchard House) and Mistry v Wallace (Centrillion Point). The decision is an important addition to the growing case law.’

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Tanfield Chambers, 5th April 2024

Source: www.tanfieldchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 2nd, 2024 in legislation by sally

Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent? – Wilberforce Chambers

Posted May 2nd, 2024 in administrators, chambers articles, company law, insolvency, news by sally

‘David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?

Published in the journal International Corporate Rescue, it discusses the statutory tests applicable when an administrator of a company seeks to make a substantial disposal during the first eight weeks of an administration under the Insolvency Act 1986.’

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Wilberforce Chambers, 29th April 2024

Source: www.wilberforce.co.uk

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

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7BR, 5th April 2024

Source: www.7br.co.uk

Paranoid Delusion, Undue Influence, and Predatory Marriage: Langley v Qin – New Square Chambers

‘Judgment has now been handed down in Langley v Qin, a dispute over the will of Robert Harrington
who, at the age of 93, married his carer, Ms Qin, then aged 54.’

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New Square Chambers, 15th April 2024

Source: newsquarechambers.co.uk

Economic Crime and Corporate Transparency Act 2023 – Mountford Chambers

‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Court of Appeal rules damages may be awarded for imminent inhuman treatment caused by unlawful No Recourse to Public Funds Policy – Landmark Chambers

Posted May 2nd, 2024 in asylum, benefits, chambers articles, damages, human rights, immigration, news by sally

‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’

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Landmark Chambers, 18th April 2024

Source: www.landmarkchambers.co.uk

Joint enterprise in England and Wales: why problems persist despite legal change – Current Issues in Criminal Justice

Posted May 2nd, 2024 in joint enterprise, minorities, news by sally

‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed “joint enterprise”. In England and Wales, “joint enterprise” has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with “joint enterprise” in England and Wales remain, despite the change in the law. This is due to there being only “subtle shift” in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’

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Current Issues in Criminal Justice, 29th April 2024

Source: www.tandfonline.com

Unveiling the benefits of reflective learning in professional legal practice – International Journal of the Legal Profession

Posted May 2nd, 2024 in legal education, legal profession, news, universities by sally

‘This paper delves into the transformative power of reflection in a postgraduate course focused on professional legal practice. With a dual focus on the learning and professional aspects of reflection, this paper sheds light on the advantages of incorporating reflective practices within legal education. Specifically, it explores the use of reflective writing for assessment purposes at King’s College London and examines the broader application of reflection within the MSc Law and Professional Practice course. Drawing on practical experiences and insights gained from the implementation of reflection, the paper offers valuable lessons and recommendations for educators seeking to leverage reflective learning in legal education.’

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International Journal of the Legal Profession, 30th April 2024

Source: www.tandfonline.com

Rwanda: Civil servants mount court challenge over new law – BBC News

‘The union for senior civil servants is launching an unprecedented legal challenge to ministers’ Rwanda plan.’

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BBC News, 1st May 2024

Source: www.bbc.co.uk

Hadkinson Orders: the Need to Show Restraint – Financial Remedies Journal

‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’

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Financial Remedies Journal, 17th April 2024

Source: financialremediesjournal.com