‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’
Old Square Chambers, 24th February 2020
Source: www.oldsquare.co.uk
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
‘A solicitor who carried on practising for almost five months after his practising certificate (PC) and indemnity insurance expired has been struck off.’
Legal Futures, 25th February 2020
Source: www.legalfutures.co.uk
‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.
In this podcast, Chris and Mark discuss in some depth certain key aspects of the Environment Bill, which was reintroduced to parliament on 30 January 2020.’
Six Pump Court, 12th February 2020
Source: www.6pumpcourt.co.uk
‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]. The public policy grounds for this are obvious; justifying conduct breaching a court order on the basis that the defendant took the view, rightly or wrongly, that the order was invalid would undermine the central principle of legal certainty. Therefore, the correct time to mount such a challenge was before any conduct had taken place that breached the order. This has, of course, the effect of holding individuals liable for breaches of orders that should never have existed in the first place.’
6KBW College Hill, 20th February 2020
Source: blog.6kbw.com
‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’
5 SAH, 25th February 2020
Source: www.5sah.co.uk
‘A woman is to receive nearly £400,000 from the Department for Work and Pensions after a judge ruled that her colleagues there had deliberately created a “hostile environment” of racism and ageism that forced her out of work.’
The Guardian, 25th February 2020
Source: www.theguardian.com
‘An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.’
Local Government Lawyer, 26th February 2020
Source: www.localgovernmentlawyer.co.uk
‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’
Litigation Futures, 25th February 2020
Source: www.litigationfutures.com
‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’
Local Government Lawyer, 24th February 2020
Source: www.localgovernmentlawyer.co.uk
‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’
Richmond Chambers, 21st February 2020
Source: immigrationbarrister.co.uk
‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’
Hailsham Chambers, 21st February 2020
Source: www.hailshamchambers.com
Supreme Court
Court of Appeal (Civil Division)
C (A Child : Interim Separation) [2020] EWCA Civ 257 (26 February 2020)
Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors [2020] EWCA Civ 246 (25 February 2020)
Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 (25 February 2020)
Invamed Group Ltd & Ors v Revenue And Customs [2020] EWCA Civ 243 (25 February 2020)
High Court (Administrative Court)
Taylor v Solihull Metropolitan Borough Council [2020] EWHC 412 (Admin) (25 February 2020)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Barclay v Barclay [2020] EWHC 424 (QB) (24 February 2020)
Payroller Ltd & Ors v Little Panda Consultants Ltd & Ors [2020] EWHC 400 (QB) (21 February 2020)
Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) (21 February 2020)
High Court (Technology and Construction Court)
Source: www.bailii.org
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’
UK Constitutional Law Association, 25th February 2020
Source: ukconstitutionallaw.org
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’
Six Pump Court, 19th February 2020
Source: www.6pumpcourt.co.uk
‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’
Law Pod UK, 24th February 2020
Source: audioboom.com
‘An artist who died in a private prison told members of her family the indeterminate term she was serving was “like a death sentence”, a jury has heard.’
The Guardian, 24th February 2020
Source: www.theguardian.com
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