Wales to bring in smacking ban after assembly vote – BBC News
‘A law banning people in Wales from smacking their children has been passed by the Welsh Assembly.’
BBC News, 28th January 2020
Source: www.bbc.co.uk
Child sexual exploitation: ‘Everything we said was viewed with suspicion’ – The Guardian
‘Parents of children sexually exploited by criminal gangs can be blamed for not preventing abuse, report finds.’
The Guardian, 29th January 2020
Source: www.theguardian.com
Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham
‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’
Hailsham Chambers, 23rd January 2020
Source: www.hailshamchambers.com
Guidance on the court’s approach to challenges to planning permissions for quarrying in green belt (Haden v Shropshire Council) – No. 5 Chambers
‘Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt. Nina Pindham, a barrister at No5 Barristers’ Chambers and counsel for the defendant, considers the case and its implications.’
No. 5 Chambers, 23rd January 2020
Source: www.no5.com
Conditional Fee Agreements and Contentious Business Agreements – Ropewalk Chambers
‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’
Ropewalk Chambers, 23rd January 2020
Source: www.ropewalk.co.uk
Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB). – Parklane Plowden Chambers
‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’
Parklane Plowden Chambers, 27th January 2020
Source: www.parklaneplowden.co.uk
New Global Talent Visa announced – Richmond Chambers
‘Faced with a potential post-Brexit brain drain, the Home Office has today announced the introduction of a new Global Talent visa.’
Richmond Chambers, 27th January 2020
Source: immigrationbarrister.co.uk
Green Space Borough-Wide Preventative Injunctions: The Final Stage? – Hardwicke Chambers
‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’
Hardwicke Chambers, 22nd January 2020
Source: hardwicke.co.uk
Adriatic Land 1 (GR3) Limited v Miller & Others – Tanfield Chambers
‘On an appeal against a determination of the First-Tier Tribunal (FTT) as to the reasonableness and payability of service charges, the Upper Tribunal found that the FTT had erred in its construction of the residential leases.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
A legal duty to tackle inequality: Scotland first, Wales next, England when? – Cloisters
‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’
Cloisters, 23rd January 2020
Source: www.cloisters.com
Bolton Fire Highlights Ongoing High-Rise Health And Safety Issues – 4-5 Gray’s Inn Square
‘It could easily have been another Grenfell Tower. On Friday, 15 November 2019, over 100 people were forced to flee The Cube in Bolton, Greater Manchester, after a fire broke out and spread with devastating speed through the upper floors.’
4-5 Gray's Inn Square, 24th January 2020
Source: www.4-5.co.uk
“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH
‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’
5 SAH, 23rd January 2020
Source: www.5sah.co.uk
Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers
‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’
Becket Chambers, 22nd January 2020
Source: becket-chambers.co.uk
Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square
‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’
4 New Square, 27th January 2020
Source: www.4newsquare.com
Article 8 & Unfair Dismissal – January 2020 – Pallant Chambers
‘Q v Secretary of State for Justice UKEAT/0120/19 was a recent case in which the Employment Appeal Tribunal looked at the application of the Article 8 in a conduct dismissal case.’
Pallant Chambers, 23rd January 2020
Source: www.pallantchambers.co.uk
Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog
‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’
UK Human Rights Blog, 27th January 2020
Source: ukhumanrightsblog.com
Pickets, prayers and protests: using anti-social behaviour legislation to curb protest – UK Police Law Blog
‘Two recent cases have required the High Court and Court of Appeal to consider in detail the use by local authorities of different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) to limit or prevent protests that have contained a strong religious or moral element. To what extent are the courts prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words “anti-social behaviour” are heard? The answer, in two words, is “very prepared”, judging by the decisions in the cases of Dulgerhiu v London Borough of Ealing [2019] EWCA Civ 1490 and Birmingham City Council v Asfar [2019] EWHC 3217 (QB).’
UK Police Law Blog, 27th January 2020
Source: ukpolicelawblog.com
Recent Statutory Instruments – legislation.gov.uk
Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers
‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
BAILII: Recent Decisions
High Court (Family Division)
MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) (22 January 2020)
Source: www.bailii.org
