When will the insolvency court review, rescind or vary any order made by it? (Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others) – Radcliffe Chambers

Posted March 25th, 2020 in chambers articles, insolvency, jurisdiction, news by sally

‘This article analyses the latest decision in the challenge to the company voluntary arrangement (CVA) entered into by Debenhams Retail Ltd (Debenhams) in 2019. Southampton Estates Ltd (Southampton) sought, pursuant to rule 12.59 of the Insolvency Rules 2016 (IR 2016), SI 2016/1024, that Sir Alastair Norris, sitting as a High Court judge, review and vary his earlier decision that the Debenhams CVA was valid and enforceable. Written by Kate Rogers, barrister, at Radcliffe Chambers.’

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Radcliffe Chambers, 2nd March 2020

Source: radcliffechambers.com

UK eviction ban promise broken, say critics – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures

Posted March 25th, 2020 in civil procedure rules, coronavirus, insurance, limitations, news, personal injuries, time limits by sally

‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’

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Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Calls to protect criminal solicitors, pupils and LPC students – Legal Futures

Posted March 25th, 2020 in barristers, coronavirus, courts, health, health & safety, live link evidence, news, pupillage, solicitors by sally

‘Criminal defence solicitors in London yesterday threatened to stop attending police stations and a protocol to protect pupil barristers was published among efforts to protect the profession during the coronarivus pandemic.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

Parties told to cut unnecessary content from witness statements – Litigation Futures

Posted March 25th, 2020 in evidence, limitations, news, witnesses by sally

‘A High Court judge who sat on the witness evidence working group has ordered witness statements in a case before him to be revised to remove inappropriate content.’

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Litigation Futures, 24th March 2020

Source: www.litigationfutures.com

Coronavirus: Inmates could be freed to ease virus pressure on jails – BBC News

Posted March 25th, 2020 in coronavirus, early release, health, health & safety, news, parole, prison officers, prisons, sick leave by sally

‘The government is considering releasing some offenders from prisons in England and Wales to ease pressures caused by the coronavirus pandemic.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Emergency coronavirus legislation passed by MPs without opposition – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, government departments, health, local government, mental health, news, parliament, social services by sally

‘Emergency legislation giving sweeping powers to ban gatherings and forcibly quarantine suspected coronavirus patients was passed by MPs on Monday night, despite continued worries about civil liberties and the potential effect on vulnerable people.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Teenager jailed for 24 years over murder of Lancashire sales assistant – The Guardian

Posted March 25th, 2020 in imprisonment, internet, mental health, murder, news, sentencing, young offenders by sally

‘A teenager who lured a “gentle, kind-hearted” sales assistant to a remote beauty spot on a date and stabbed him to death has been locked up for a minimum of 24 years.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Oval Four: Final conviction quashed in corrupt detective case – BBC News

Posted March 25th, 2020 in appeals, assault, attempts, corruption, Criminal Cases Review Commission, news, police, theft by sally

‘The final member of a group of four men who were jailed nearly 50 years ago on the evidence of a corrupt police officer has had his conviction quashed.’

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BBC News, 24th March 2020

Source: www.bbc.co.uk

MS (Pakistan) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 24th, 2020 in appeals, chambers articles, government departments, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has today [18 March] handed down an important judgment in the area of human trafficking and modern slavery.’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 24th, 2020 in appeals, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Coronavirus: What’s in the emergency legislation? – BBC News

Posted March 24th, 2020 in bills, coronavirus, emergency powers, freedom of movement, government departments, health, news, remuneration, sick leave by sally

‘The government has passed all stages of its 329-page emergency bill through the House of Commons.’

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BBC News, 24th March 2020

Source: www.bbc.co.uk

Circuit leader tells barristers not to attend court today – Legal Futures

Posted March 24th, 2020 in barristers, coronavirus, courts, live link evidence, news by sally

‘The leader of the North Eastern Circuit has urged his members not to attend any court hearings today in the wake of the government’s decision last night to lock down the UK.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

What does Manchester City’s Champions League ban have to do with human rights? – UK Human Rights Blog

Posted March 24th, 2020 in appeals, bias, disciplinary procedures, human rights, news, sport by sally

‘Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious competition in European football. The Adjudicatory Chamber of UEFA’s Club Financial Control Body (CFCB) handed down a two-year ban on the basis that Man City had breached Financial Fair Play Regulations. The club have responded fiercely, complaining of a ‘prejudicial process’ and alleging that the case was ‘initiated by UEFA, prosecuted by UEFA and judged by UEFA.’ Against this background it is thought likely that City will rely on human rights arguments in their appeal to the Court of Arbitration for Sport (a somewhat ironic development in the view of some commentators given previous criticisms of the human rights records of the club’s backers).’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

Third party costs order for medical expert deemed ‘not generally competent as an expert’: Thimmaya v Lancashire NHS Foundation Trust – Parklane Plowden

Posted March 24th, 2020 in chambers articles, costs, expert witnesses, news, third parties by sally

‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’

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Parklane Plowden, 4th March 2020

Source: www.parklaneplowden.co.uk

Counterfactual defences to unjust enrichment restricted in Woolwich restitution claims (Vodafone Ltd & Ors v The Office of Communications) – New Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, news, restitution by sally

‘The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution. Written by James Saunders, barrister at New Square Chambers.’

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New Square Chambers, 21st February 2020

Source: www.newsquarechambers.co.uk

False imprisonment: common ground? – No. 5 Chambers

Posted March 24th, 2020 in appeals, chambers articles, compensation, detention, false imprisonment, news, Supreme Court by sally

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

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No. 5 Chambers, 16th March 2020

Source: www.no5.com

McNeil v HMRC- Old Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, news, sex discrimination, women by sally

‘This case concerned an equal pay claim brought by several women employed by HMRC. The pay system implemented by HMRC in respect of the claimants was one which employees moved through the pay band for their grade, from a fixed minimum up to a fixed maximum, by different amounts each year, without any fixed increments but with the amount of any increase depending on the pay award for the particular year. As a result of the way this system operated, one factor relevant to where an employee was within the band, was length of service: the longer an employee had been employed in the band, the more opportunities s/he would have had to move up towards the maximum.’

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Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

Posted March 24th, 2020 in appeals, chambers articles, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

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Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk