The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

Posted June 15th, 2020 in chambers articles, coronavirus, costs, dispute resolution, news, part 36 offers by sally

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

Posted June 15th, 2020 in chambers articles, codes of practice, contracts, electronic mail, Law Commission, news, telecommunications by sally

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

GMC can investigate solicitor doctor over legal advice – Legal Futures

Posted June 15th, 2020 in disciplinary procedures, doctors, jurisdiction, news, privilege, professional conduct, regulations, solicitors by sally

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

Posted June 15th, 2020 in agriculture, bills, environmental health, environmental protection, news, parliament by sally

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases – Local Government Lawyer

Posted June 15th, 2020 in environmental protection, housing, local government, news, planning by sally

‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’

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Local Government Lawyer, 11th

Source: www.localgovernmentlawyer.co.uk

90% of law firms “breaching transparency rules” – Legal Futures

Posted June 15th, 2020 in consumer protection, fees, internet, law firms, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘The news comes with the regulator planning to step up its checks.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian

Posted June 15th, 2020 in coronavirus, equality, government departments, inquiries, news, race discrimination, racism, statistics by sally

‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Youth justice: exposing a system that is failing our most vulnerable children – The Guardian

Posted June 15th, 2020 in children, criminal justice, diversity, equality, news, race discrimination, racism, statistics, young offenders, young persons by sally

‘Children in the Dock was an investigation into the youth justice system in England and Wales that involved the Guardian’s Manchester team spending a month monitoring every case at Greater Manchester youth court. Among other things, they found that the proportion of BAME children in court had doubled in eight years, and revealed that youth cases now take 40% longer than in 2010.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

EHRC urges compulsory disability training for lawyers – Legal Futures

Posted June 15th, 2020 in barristers, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, HM Courts Service, legal education, legal profession, Ministry of Justice, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Disability awareness should be a professional requirement, and a mandatory element of criminal lawyers’ CPD, the Equality and Human Rights Commission (EHRC) has recommended.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

New claims in High Court bounce back above 2019 level – Litigation Futures

Posted June 15th, 2020 in coronavirus, courts, dispute resolution, news, statistics by sally

‘High Court activity has already recovered to pre-Covid-19 levels following a sharp slump during the height of the outbreak, new research has found.’

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Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Ben Ashman: Man who ran over stepmother at wedding jailed – BBC News

Posted June 15th, 2020 in assault, attempts, criminal damage, dangerous driving, drunk in charge, families, grievous bodily harm, imprisonment, mental health, murder, news, sentencing by sally

‘A man who repeatedly drove over his stepmother in a drunken rage at a wedding has been jailed for six years.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Private firms to lose role in probation services – BBC News

Posted June 15th, 2020 in contracting out, Ministry of Justice, news, prisons, probation by sally

‘The government has scrapped plans to let private firms run behaviour programmes and unpaid work schemes for offenders in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Family of black man who died in UK police custody speak out – The Guardian

Posted June 15th, 2020 in bereavement, death in custody, families, news, ombudsmen, police, race discrimination, racism by sally

‘The family of a black man who died in police custody in Devon last month have said they still have no idea of the circumstances that led to his death and are demanding answers.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 15th, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020

The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

The Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

Source: www.legislation.gov.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

Posted June 15th, 2020 in chambers articles, costs, families, financial dispute resolution, news, third parties by sally

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Legal regulators cool on the idea of being abolished – Legal Futures

Posted June 15th, 2020 in barristers, consumer protection, costs, Law Society, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Legal regulators have reacted coolly to the recommendation of Professor Stephen Mayson that they be replaced by a single organisation, arguing instead the case for specialism.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted June 15th, 2020 in law reports by sally

Court of Appeal (Criminal Division)

Smith, R. v [2020] EWCA Crim 669 (06 May 2020)

High Court (Administrative Court)

Prichard, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1495 (Admin) (12 June 2020)

Government of the United States of America v McDaid [2020] EWHC 1527 (Admin) (12 June 2020)

Kombou, R (On the Application Of) v The Crown Court at Wood Green [2020] EWHC 1529 (Admin) (12 June 2020)

Kotlarski v Regional Court In Bielsko-Biala, Poland [2020] EWHC 1522 (Admin) (11 June 2020)

High Court (Chancery Division)

Umrish Ltd & Ors v Gill [2020] EWHC 1513 (Ch) (12 June 2020)

Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)

Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1521 (Ch) (12 June 2020)

Gardiner v Tabe & Anor [2020] EWHC 1471 (Ch) (12 June 2020)

High Court (Family Division)

Akhmedova v Akhmedov & Ors [2020] EWHC 1526 (Fam) (12 June 2020)

High Court (Queen’s Bench Division)

Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)

Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) (11 June 2020)

Source: www.bailii.org

Racism campaigners call for police watchdog to be abolished – The Guardian

Posted June 15th, 2020 in bereavement, death in custody, demonstrations, disciplinary procedures, families, news, ombudsmen, police, professional conduct, race discrimination, racism, unlawful killing by sally

‘Black families in the UK whose loved ones have died in incidents involving the police have called for the abolition of the Independent Office for Police Conduct, which investigates the police, and the immediate suspension of officers involved in deaths as part of a new plan to address systemic racism and unlawful killings.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Domestic Abuse Bill: Misogyny should be treated as a hate crime, say MPs – BBC News

Posted June 15th, 2020 in bills, domestic violence, families, hate crime, news, police, women by sally

‘A group of women MPs and charities are urging the government to treat misogyny as a hate crime within the government’s new domestic abuse laws.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk