Day: 6 April 2017
Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers
‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’
Full story (PDF)
Radcliffe Chambers, 3rd April 2017
Source: www.radcliffechambers.com
A Life of Spice – Legal Highs – Six Pump Court
‘The so called legal high “Spice” has played a role in a number of recent murders.’
Full story (PDF)
Six Pump Court, 28th March 2017
Source: www.6pumpcourt.co.uk
Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court
‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘
Full story (PDF)
Six Pump Court, 3rd April 2017
Source: www.6pumpcourt.co.uk
Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers
‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’
Radcliffe Chambers, 16th March 2017
Source: www.radcliffechambers.com
Court of Appeal Ruling on Inquest Direction – Park Square Barristers
‘The applicant was the mother of Mark Duggan who was shot dead by a police officer following the vehicle he was driving being stopped in a planned operation mounted after the receipt of intelligence that he had acquired a firearm intended for criminal use. The applicant was appealing against the dismissal of her application for judicial review of the verdict of lawful killing returning by the jury at the Inquest.’
Park Square Barristers, 4th April 2017
Source: www.parksquarebarristers.co.uk
Notification Injunctions to Preserve Assets: an overview by Marc Delehanty – Littleton Chambers
‘A notification injunction is a variant of a conventional freezing injunction. Broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.’
Littleton Chambers, 24th March 2017
Source: www.littletonchambers.com
Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers
‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’
New Square Chambers, 15th March 2017
Source: www.newsquarechambers.co.uk
Jeremy Lewis on NHS Applicant Whistleblowers: wider implications and mis-steps en route – Littleton Chambers
‘On 20 March 2017 the Government published draft Regulations with a view to providing whistleblowing protection to applicants for NHS employment [1]. A consultation has been launched. Some two years after the publication of the report by Sir Robert Francis QC into whistleblowing in NHS, Freedom to Speak Up, the draft Regulations aim to implement the recommendation that consideration be given to outlawing discrimination against whistleblowers in recruitment by NHS employers. (Legislation giving power to make these regulations – s.49B of the Employment Rights Act 1996 – has been on the statute book since 6 May 2015).’
Littleton Chambers, 21st March 2017
Source: www.littletonchambers.com
CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers
‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’
Blackstone Chambers, 6th April 2017
Source: www.blackstonechambers.com
The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers
‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’
Littleton Chambers, 3rd April 2017
Source: www.littletonchambers.com
New guideline published on sentence reduction for early plea – Henderson Chambers
‘After lengthy consultation last year the Sentencing Council has published its new guideline on the stages and levels of reduction for a guilty plea.’
Full story (PDF)
Henderson Chambers, 23rd March 2017
Source: www.hendersonchambers.co.uk
Challenges Arising from Brexit – Henderson Chambers
‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’
Henderson Chambers, 5th April 2017
Source: www.hendersonchambers.co.uk
Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers
‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’
Full story (PDF)
Drystone Chambers, 5th April 2017
Source: www.drystone.com
Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters
‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’
Cloisters, 30th March 2017
Source: www.cloisters.com
No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters
‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’
Cloisters, 24th March 2017
Source: www.cloisters.com
Dove v Havering LBC – Arden Chambers
‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’
Arden Chambers, 16th March 2017
Source: www.ardenchambers.com
Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers
‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’
Blackstone Chambers, 5th April 2017
Source: www.blackstonechambers.com
No “reason why”: Essop and Naeem in the Supreme Court – Cloisters
‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’
Cloisters, 5th April 2017
Source: www.cloisters.com
Service Charges: No Double Recovery – Local Government Law
‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’
Local Government Law, 5th April 2017
