‘Hundreds more cases’ in Shropshire maternity scandal – BBC News
‘More than 200 new families have contacted an inquiry into mother and baby deaths at a hospital trust in Shropshire.’
BBC News, 26th November 2019
Source: www.bbc.co.uk
Man pleads guilty to New Year’s Eve knife attack in Manchester – The Guardian
‘A man who stabbed three people at Manchester’s Victoria train station on New Year’s Eve has admitted to attempted murder.’
The Guardian, 26th November 2019
Source: www.theguardian.com
Mediating Contested Wills Claims – Patrick Taylor – 4-5 Gray’s Inn Square
‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’
4-5 Gray's Inn Square, 7th November 2019
Source: www.4-5.co.uk
Interpreting property contracts: Some “special” principles – Wilberforce Chambers
‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’
Wilberforce Chambers, 13th November 2019
Source: www.wilberforce.co.uk
Environmental Law Podcast – November 2019 – Six Pump Court
‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’
Six Pump Court, 22nd November 2019
Source: www.6pumpcourt.co.uk
Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers
‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’
Garden Court Chambers, 21st November 2019
Source: www.gardencourtchambers.co.uk
Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers
‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’
Littleton Chambers, 25th November 2019
Source: www.littletonchambers.com
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Christopher Badger considers a successful appeal for the disclosure of privileged instructions to Counsel under the Environmental Information Regulations 2004, the adoption of legislative reforms on sustainable finance and investments by the European Council and Greenpeace claims that the UK will miss environmental targets for 2020 and beyond.’
Six Pump Court, 19th November 2019
Source: www.6pumpcourt.co.uk
International charitable trusts and IHT exemption – Wilberforce Chambers
‘The Supreme Court, in the recent decision of Routier v Revenue and Customs Commissioners (No 2) [2019] UKSC 43, [2019] 3 WLR 757, has provided valuable guidance as to the scope of s. 23 of the Inheritance Tax Act 1984 (which exempts gifts to charities from IHT). The case is a welcome decision for private clients and their estate planners wishing to support international charitable causes while simultaneously benefitting from reduced liability to inheritance tax.’
Wilberforce Chambers, 8th November 2019
Source: www.wilberforce.co.uk
An appeal is not a form of gratuitous essay-marking exercise – Hardwicke Chambers
‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’
Hardwicke Chambers, 25th November 2019
Source: hardwicke.co.uk
Samuel Parsons considers the recent decision of ICC Judge Barber in Re London Bridge Entertainment Partners LLP (in administration) – Guildhall Chambers
‘Insolvency and Companies Court (ICC) Judge Barber held that the Lundy Granite principle does not extend to an obligation to ‘top up’ a rent deposit fund, where sums had been withdrawn from the fund to pay rent. Re London Bridge Entertainment Partners shows how seemingly immaterial business decisions made when an entity is solvent will be thrown into relief when the same entity becomes insolvent. Here, the decision to ‘pay first, ask questions later’ from the deposit fund meant that the landlord effectively lost its priority ranking in respect of those rent payments; a priority it could otherwise have been entitled to. The case also demonstrates that the ambit of provable debts will continue to be construed broadly, while the category of administration expenses will be narrowly construed. Written by Samuel Parsons, barrister at Guildhall Chambers.’
Guildhall Chambers, 22nd November 2019
Source: www.guildhallchambers.co.uk
Silent Victims – The Damaging Impact of the UK Drug Trade on the Environment – 25 Bedford Row
‘Drug trafficking, and tackling it, includes practices which are costly to the UK’s natural habitat—from drug-fuelled deforestation to drug-plant eradication—yet it remains an underexplored issue. A recent study has highlighted the environmental damage caused by the narcotics trade, showing traces of cocaine and other illegal drugs in marine life in UK rivers. Rudi Fortson QC, barrister at 25 Bedford Row and visiting Professor of Law at Queen Mary University of London, outlines the legislation (or lack of) responsible for protecting the environment against illegal activity and how things could be improved.’
25 Bedford Row, 7th November 2019
Source: www.25bedfordrow.com
Inquest finds St Leonards hospice patients were unlawfully killed in fire – Garden Court Chambers
‘At an inquest in Hastings yesterday Senior Coroner Alan Craze concluded that three patients who died after a fire at a hospice on 11 July 2015 were unlawfully killed.’
Garden Court Chambers, 21st November 2019
Source: www.gardencourtchambers.co.uk
The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers
‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’
Littleton Chambers, 21st November 2019
Source: www.littletonchambers.com
The CumEx trading scandal: What are the implications for the UK? – 5SAH
‘“CumEx” is a controversial dividend arbitrage stock trading practice currently under investigation in several European jurisdictions with, to date, limited involvement from the UK authorities. It allegedly caused significant losses to various EU treasuries, which are currently engaged in civil proceedings, regulatory settlements and criminal proceedings, including against two former London traders who are currently on trial for tax fraud in Germany.’
5SAH, 19th November 2019
Source: www.5sah.co.uk
‘What role do judges have in the fight against human trafficking?’ – Michelle Brewer delivers key note at OSCE International Conference – Garden Court Chambers
‘Michelle Brewer of Garden Court delivered the keynote address at the OSCE (Organisation for Security and Co-operation in Europe) international conference on ‘The Critical Role of the Judiciary in Combating Trafficking in Human Beings’.’
Garden Court Chambers, 22nd November 2019
Source: www.gardencourtchambers.co.uk
No going back – Nearly Legal
‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’
Nearly Legal, 24th November 2019
Source: nearlylegal.co.uk
High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com
‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’
OUT-LAW.com, 25th November 2019
Source: www.pinsentmasons.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Chancery Division)
BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3219 (Ch) (25 November 2019)
High Court (Commercial Court)
Daimler AG v MOL (Europe Africa) Ltd & Ors [2019] EWHC 3197 (Comm) (22 November 2019)
High Court (Family Division)
Akhmedova v Akhmedov [2019] EWHC 3140 (Fam) (22 November 2019)
Orphans From Syria, Re [2019] EWHC 3202 (Fam) (22 November 2019)
Source: www.bailii.org
