New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

Posted November 1st, 2019 in appeals, class actions, compensation, cosmetic surgery, costs, insurance, news, Supreme Court, third parties by sally

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman – Local Government Lawyer

Posted November 1st, 2019 in carers, delay, disabled persons, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Man who partially blinded police officer with ammonia jailed for 14 years – The Independent

Posted November 1st, 2019 in chemical weapons, news, police, sentencing, wounding by sally

‘A man who partially blinded a police officer when he sprayed ammonia in his face, has been jailed for 14-and-a-half years.’

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The Independent, 1st November 2019

Source: www.independent.co.uk

“No more waiting for the ink to dry” Electronic Signatures in Property Transactions – Landmark Chambers

Posted November 1st, 2019 in documents, electronic filing, news, sale of land by sally

‘On 3 September 2019, the Law Commission published its report entitled “Electronic execution of documents” (Law Com No 386). It is a report that is of interest to all lawyers, but is of particular interest to property lawyers, given the extent to which formality requirements apply in the context of property transactions.’

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Landmark Chambers, 17th October 2019

Source: www.landmarkchambers.co.uk

‘How Did Liverpool Escape League Cup Expulsion?’ – Ashley Cukier on the EFL Disciplinary Panel’s Decision – Littleton Chambers

Posted November 1st, 2019 in disciplinary procedures, fines, news, professional conduct, sanctions, sport by sally

‘The English Football League (“EFL”) yesterday [3 October] announced that Liverpool FC had been found guilty of misconduct and fined £200,000 – of which £100,000 will be suspended until the end of Season 2020/21 – for having breached EFL Rules by fielding an ineligible player in their League Cup third round match against Milton Keynes Dons. The sanction has raised eyebrows in some parts: in 2016 the EFL, in an ostensibly more severe sanction, deducted 3 points from Bury FC for fielding an ineligible player and, as recently as last month, Grays Athletic FC were expelled from the FA Cup for the same offence. In the latest edition of the Littleton Sports Group’s ‘Five Things You Need to Know’ series, Ashley Cukier considers the sanction handed to Liverpool by the EFL Board.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com

First arrest and prosecution for praying in public case collapses after bungled police investigation – Daily Telegraph

Posted November 1st, 2019 in abortion, cautions, Christianity, freedom of expression, harassment, news, police, public spaces protection orders, video recordings by sally

‘The country’s first arrest and prosecution for praying in public has collapsed following a bungling police investigation.’

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Daily Telegraph, 31st October 2019

Source: www.telegraph.co.uk

Mobile phone loophole for filming drivers ‘to be closed’ – BBC News

Posted November 1st, 2019 in fines, internet, news, road safety, telecommunications, video recordings by sally

‘The government plans to close a legal loophole that has allowed drivers who use mobile phones to film or take photographs to escape prosecution.’

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BBC News, 1st November 2019

Source: www.bbc.co.uk

Police may have used ‘dangerous’ facial recognition unlawfully in UK, watchdog says – The Independent

Posted November 1st, 2019 in data protection, facial mapping, human rights, investigatory powers, news, ombudsmen, police, privacy, race discrimination, women by sally

‘Facial recognition technology may have been used unlawfully by police, a watchdog has warned while calling for urgent government regulation.’

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The Independent, 1st November 2019

Source: www.independent.co.uk

BAT faces landmark legal case over Malawi families’ poverty wages – The Guardian

Posted November 1st, 2019 in children, class actions, families, forced labour, human rights, news, remuneration, standards by sally

‘Human rights lawyers are preparing to bring a landmark case against British American Tobacco on behalf of hundreds of children and their families forced by poverty wages to work in conditions of gruelling hard labour in the fields of Malawi.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Moving Inevitably On: A Fixed Future on the Fast Track – No. 5 Chambers

Posted October 31st, 2019 in consultations, costs, fees, news by sally

‘Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least the world of costs. Though delays abound, the inexorable march forward with Sir Rupert Jackson’s 2017 proposals continues.’

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No. 5 Chambers, 8th October 2019

Source: www.no5.com

John Bowers QC’s Employment Law Blog: October 2019 – Littleton Chambers

Posted October 31st, 2019 in adoption, charities, equality, freedom of expression, homosexuality, housing, Judaism, news by sally

‘In R (ota Z) v LB of Hackney & Agudas Israel Housing Assoc Ltd [2019] EWCA Civ 1099, the court considered a challenge to the housing policies of a charitable provider of social housing in Hackney. Accommodation was allocated by the Housing Association only to members of the Orthodox Jewish community in the Stamford Hill area of London. The Divisional Court found that ‘there are very high levels of poverty and deprivation [amongst the Orthodox community], with associated low levels of home ownership … there is a strong correlation between the evidenced poverty and deprivation and the religion’. It also found that the arrangements for allocating housing which placed Orthodox Jews in a primary position to enable them both to avoid the disadvantages and to meet the needs. This would be unlawful discrimination under the Equality Act 2010 unless there was an appropriate exception.’

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Littleton Chambers, 21st October 2019

Source: www.littletonchambers.com

BAILII: Recent Decisions

Posted October 31st, 2019 in law reports by sally

High Court (Administrative Court)

High Court (Technology and Construction Court)

Source: www.bailii.org

Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’

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Litigation Futures, 31st October 2019

Source: www.litigationfutures.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

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Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Adjudication of construction professional negligence claims – Hardwicke Chambers

Posted October 31st, 2019 in barristers, construction industry, dispute resolution, negligence, news by sally

‘Ebony Alleyne and Sarah McCann explore the pros and cons of using statutory adjudication as a means of resolving such disputes and then consider the role and potential impact of the new Professional Negligence Bar Association’s adjudication scheme.’

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Hardwicke Chambers, 29th October 2019

Source: hardwicke.co.uk

Prisons in England and Wales are facing a safety crisis, warn MPs – The Guardian

Posted October 31st, 2019 in budgets, health & safety, news, prisons by sally

‘The prison system in England and Wales is in an “appalling” state of crisis, lacking decency or security and no clear plan for desperately needed change, MPs have warned in a report that raises questions over the government’s pledges on prisons ahead of an election.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Successful Reunification of Child to his Parents Using the Resolutions Approach – Park Square Barristers

Posted October 31st, 2019 in children, news, parental responsibility, supervision orders by sally

‘In September 2017 the child was presented to hospital with numerous injuries. At a finding of fact hearing the court found that the injuries were inflicted by either the mother or father (Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575). Neither parent accepted perpetration of the injuries and after the findings were made maintained those denials. This was a single-issue case. The Local Authority approach to the parents in assessment was that the parents were unsafe to care for the child as they denied the findings of the court. As a result the LA deemed them to be unsafe or untreatable. The Local Authority sought permanent removal of the child from the parents’ care.’

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Park Square Barristers, 1st October 2019

Source: www.parksquarebarristers.co.uk

New Judgment: Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 – UKSC Blog

Posted October 31st, 2019 in banking, duty of care, fraud, illegality, news by sally

‘An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries. This is known as the Quincecare duty of care, following the 1992 case of Barclays Bank plc v Quincecare Ltd.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers

Posted October 31st, 2019 in environmental protection, news, planning, time limits by sally

‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’

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Landmark Chambers, 1st October 2019

Source: www.landmarkchambers.co.uk