‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’
Legal Futures, 20th November 2019
Source: www.legalfutures.co.uk
‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’
Daily Telegraph, 19th November2019
Source: www.telegraph.co.uk
‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’
Law Society's Gazette, 19th November 2019
Source: www.lawgazette.co.uk
Court of Appeal (Civil Division)
London Borough of Waltham Forest v Saleh [2019] EWCA Civ 1944 (19 November 2019)
Vneshprombank LLC v Bedzhamov & Ors [2019] EWCA Civ 1992 (19 November 2019)
Ibrahim v HCA International Ltd [2019] EWCA Civ 2007 (19 November 2019)
Ho v Adelekun [2019] EWCA Civ 1988 (19 November 2019)
Court of Appeal (Criminal Division)
Harris v R. [2019] EWCA Crim 2008 (19 November 2019)
High Court (Administrative Court)
Good Law Project Ltd v HM Revenue and Customs & Anor [2019] EWHC 3125 (Admin) (19 November 2019)
Director of Public Prosecutions v Goldsmith [2019] EWHC 3051 (Admin) (19 November 2019)
High Court (Chancery Division)
Standish & Ors v The Royal Bank of Scotland Plc & Anor [2019] EWHC 3116 (Ch) (19 November 2019)
High Court (Technology and Construction Court)
Everwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC) (18 November 2019)
Source: www.bailii.org
‘In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents.
Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.’
Becket Chambers, 5th November 2019
Source: becket-chambers.co.uk
‘Two recent decisions have shed yet more light on the “byzantine” system for out of hours appointments. Both confirm that the courts will continue to take a relatively detailed, yet pragmatic, approach to this issue.’
Guildhall Chambers, 8th November 2019
Source: www.guildhallchambers.co.uk
‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’
KCH Garden Sq, 8th November 2019
Source: kchgardensquare.co.uk
‘A Supreme Court justice has called for the creation of an expert commission to act as “a sort of independent regulator” of algorithms.’
Legal Futures, 19th November 2019
Source: www.legalfutures.co.uk
‘Angus McCullough QC and Shaheen Rahman QC consider the approach to “disclosure” in closed material proceedings (CMPs). They address the background and rules of disclosure that govern the interface between open and closed material in CMPs, as they arise in different contexts, and in different courts and tribunals. The impact of fair trial rights (Article 6) under the ECHR, and the effect of EU rights, is analysed and current areas of debate explored.’
1 Crown Office Row, 18th November 2019
Source: www.1cor.com
‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’
Forum Chambers, 19th November 2019
Source: www.forumchambers.com
‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’
Ropewalk Chambers, 7th November 2019
Source: www.ropewalk.co.uk
‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’
St John's Buildings, 5th November 2019
Source: stjohnsbuildings.com
‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’
Hardwicke Chambers, 12th November 2019
Source: hardwicke.co.uk
‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’
Littleton Chambers, 12th November 2019
Source: www.littletonchambers.com
‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’
Park Square Barristers, 19th November 2019
Source: www.parksquarebarristers.co.uk
‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’
Garden Court Chambers, 18th November 2019
Source: www.gardencourtchambers.co.uk
‘Family home constructive trusts have been discussed ad nauseam. Nevertheless, there are still points to learn from new judgments. Sandford is no exception—four practical points can be gleaned from just six pages of judgment.’
Radcliffe Chambers, 14th November 2019
Source: radcliffechambers.com
‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’
Old Square Chambers, 14th November 2019
Source: www.oldsquare.co.uk
‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’
Legal Futures, 19th November 2019
Source: www.legalfutures.co.uk
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