Tate Modern: Jonty Bravery jailed for 15 years for attempted murder – The Guardian

‘A teenager who threw a six-year-old child off a viewing platform at the Tate Modern gallery in London will serve at least 15 years in prison, the Old Bailey was told on Friday.’

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The Guardian, 26th June 2020

Source: www.theguardian.com

Toby Chaplin (by his mother and litigation friend, Diane Chaplin) v Ben Pistol, Allianz Insurance Plc [2020] EWHC 1543 (QB),2020 WL 03254432 – No. 5 Chambers

‘At 28, the Claimant had acquired a traumatic brain injury and been rendered tetraplegic in an accident caused by the negligent driving of the Defendant. The case came before Master Eastman in July 2019 for case management. At that stage, it was common ground between the experts in neurology for each party that the Claimant’s injuries had significantly reduced his life expectancy. However, they disagreed as to the extent of the reduction, Dr Liu for the Claimant estimating that his life expectancy to be 30-35% of normal; Professor Collin for the Defendant adopting a figure of 30-44% of normal. There were also differences in the experts’ approach to available statistics. Whilst the range of figures adopted by each expert were not far apart and it was likely that the Claimant’s care costs would by awarded by way of a PPO, it was nonetheless accepted that the difference between the parties translated to a 7-figure sum. At the CMC before Master Eastman in July 2019, the Defendant’s application for permission to rely on a report, from medical statisticians on the issue of the Claimant’s life expectancy, was dismissed on the basis that neither party’s neurology expert deferred to evidence from a statistician to assist them in determining the Claimant’s life-expectancy and such evidence would not add to their existing analysis of the available statistics. The Defendant did not appeal.’

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No. 5 Chambers, 22nd June 2020

Source: www.no5.com

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application – Francis Taylor Building

‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’

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Francis Taylor Building, 19th June 2020

Source: www.ftbchambers.co.uk

Travel between England and Wales – UK Human Rights Blog

‘The position in relation to cross-border travel between England and Wales has caused confusion in recent weeks. It has been subject to posts from UKHR readers and there have been news articles showing that many people have been entering Wales from England to access beauty spots, unaware that there are different regulations governing the two countries. This post will attempt to clarify the current position.’

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UK Human Right Blog, 26th June 2020

Source: ukhumanrightsblog.com

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

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St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

Proving causation—business interruption insurance coverage amid coronavirus (COVID-19) – Monckton Chambers

Posted June 26th, 2020 in causation, chambers articles, coronavirus, insurance, news by sally

‘Steven Gee QC, commercial barrister and arbitrator, and Kristina Lukacova, barrister, both at Monckton Chambers, discuss coverage under business interruption insurance during the coronavirus (COVID-19) pandemic.’

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Monckton Chambers, 16th June 2020

Source: www.monckton.com

Judgment in Challenge to Exclusion of Workers From Sick Pay & Income Protection During Pandemic- Old Square Chambers

‘On 15 June 2020 the High Court handed down its expedited judgment in R (Adiatu & IWGB) v HM Treasury [2020] EWHC 1554 (Admin).’

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Old Square Chambers, 22nd June 2020

Source: www.oldsquare.co.uk

A double victory for members of schemes in the PPF – Wilberforce Chamber

Posted June 26th, 2020 in chambers articles, EC law, employment, insolvency, judicial review, news, pensions by sally

‘The judgment of Mr Justice Lewis in Hughes and others v Board of the Pension Protection Fund [2020] EWHC 1598 (Admin), handed down on 22 June 2020, is of considerable importance for members of defined benefit schemes of insolvent employers. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. The proceedings, brought against the Pension Protection Fund (“PPF”) with the Department of Work and Pensions (“DWP”) as an interested party, were heard at a five-day remote hearing in the Administrative Court in May.’

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Wilberforce Chambers, 24th June 2020

Source: www.wilberforce.co.uk

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

EP 117: Systemic Racial Inequality – Windrush and the Bar – Martin Forde QC – Law Pod UK

‘In Episode 117, Emma-Louise Fenelon talks to Martin Forde QC on systemic racial inequality relating to Windrush, immigration history and at the Bar.’

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Law Pod UK, 25th June 2020

Source: audioboom.com

The Court of Appeal considers the consequences of failure to serve a registration order under the Lugano Convention: Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 – Hardwicke Chambers

Posted June 26th, 2020 in appeals, bankruptcy, chambers articles, civil procedure rules, debts, news by sally

‘Oliver Hyams and Amy Held investigate the recent case of Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480.’

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Hardwicke Chambers, 23rd June 2020

Source: hardwicke.co.uk

Women launch group action over mesh implants – Litigation Futures

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Good Faith – a springboard to “Responsible Contractual Behaviour”? – Tanfield Chambers

Posted June 25th, 2020 in contracts, enforcement, news by sally

‘On 7 May 2020, the Cabinet Office issued guidance urging “responsible and fair performance and enforcement of contracts” during the Coronavirus pandemic. This guidance, which does not have legislative force, has caused some head-scratching amongst lawyers. Judges have traditionally been reluctant to muddy the waters of contract law (often murky enough as it is) with vague and subjective notions such as responsibility and fairness. The usual approach is – in simple terms – to hold the parties to the words they have used, imply only such other words as are necessary to make the contract work, and let the rest take care of itself. So what does the Cabinet Office guidance mean, and how, if at all, can the concept of “Responsible Contractual Behaviour” (“RCB”) be shoehorned into the existing law?’

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Tanfield Chambers, 24th June 2020

Source: www.tanfieldchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 25th, 2020 in legislation by sally

The Crown Court (Recording and Broadcasting) Order 2020

The Automatic Enrolment (Offshore Employment) (Amendment) Order 2020

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2020

The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2020

The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

Source: www.legislation.gov.uk

Univar UK Ltd v Smith [2020] EWHC 1596 (Ch): rectification of pension schemes after FSHC – Wilberforce Chambers

Posted June 25th, 2020 in indexation, news, pensions, rectification, trusts by sally

‘On 19 June 2020, Mr Justice Trower handed down judgment granting rectification of the Univar Company Pension Scheme (1978), in the first pension rectification claim decided after a full trial since the landmark decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361.’

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Wilberforce Chambers, 22nd June 2020

Source: www.wilberforce.co.uk

BAILII: Recent Decisions

Posted June 25th, 2020 in law reports by sally

Supreme Court

The Advocate General (representing Revenue and Customs) v K E Entertainments Ltd (Scotland) [2020] UKSC 28 (24 June 2020)

Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 (24 June 2020)

Court of Appeal (Civil Division)

Point West GR Ltd v Bassi & Ors [2020] EWCA Civ 795 (24 June 2020)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2020] EWCA Civ 793 (24 June 2020)

Court of Appeal (Criminal Division)

Inkster v R. [2020] EWCA Crim 796 (24 June 2020)

Bater-James & Anor v R. [2020] EWCA Crim 790 (23 June 2020)

High Court (Administrative Court)

AW, R (On the Application Of) v St George’s, University of London [2020] EWHC 1647 (Admin) (25 June 2020)

Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2020] EWHC 1620 (Admin) (24 June 2020)

Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors [2020] EWHC 1640 (Admin) (24 June 2020)

High Court (Chancery Division)

International Pipeline Products Ltd v IK UK Ltd & Ors [2020] EWHC 1602 (Ch) (24 June 2020)

Davidison v Finnan & Ors [2020] EWHC 1607 (Ch) (24 June 2020)

Ghassemian v de Beaumont & Anor [2020] EWHC 1642 (Ch) (24 June 2020)

Les Grands Chais De France SAS v Consorzio Di Tutela Della Denominazione Di Origine Controllata Prosecco [2020] EWHC 1633 (Ch) (24 June 2020)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs And Tax Administration) v Shah & Ors [2020] EWHC 1658 (Comm) (24 June 2020)

High Court (Family Division)

A (A Child : Surrogacy: S.54 Criteria) [2020] EWHC 1426 (Fam) (18 June 2020)

High Court (Queen’s Bench Division)

Curr v London & Country Mortgages [2020] EWHC 1661 (QB) (25 June 2020)

Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) (24 June 2020)

International Pipeline Products Ltd v Ik UK Ltd & Ors [2020] EWHC 1602 (Ch) (24 June 2020)

Bannister v Freemans Public Ltd Co. [2020] EWHC 1625 (QB) (24 June 2020)

High Court (Technology and Construction Court)

RG Securities (No.2) Ltd v (Allianz Global Corporate And Specialty CE & Ors [2020] EWHC 1646 (TCC) (24 June 2020)

Source: www.bailii.org

New Judgment: Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 – UKSC Blog

Posted June 25th, 2020 in inventions, medicines, news, patents, Supreme Court by sally

‘Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse which was a hybrid version of the gene that produces antibodies, combining a section of the mouse’s genetic material with a section of the genetic material from a human. In 2013, Regeneron sued Kymab Ltd for infringements of its patents. Kymab was producing its own genetically modified mice, with a similar genetic structure to Regeneron’s mice. Kymab argued that the patents filed were invalid because they fell foul of a patent law rule called sufficiency which means that documents filed with the patent must be detailed enough to enable scientifically skilled readers to make the invention for themselves. The Court of Appeal upheld the patents and Kymab appealed to the Supreme Court.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk