Day: 22 November 2017

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

Posted November 22nd, 2017 in construction industry, contracts, economic loss, negligence, news, statutory interpretation by sally

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 22nd, 2017 in adverse possession, land registration, legislation, limitations, news, statutory interpretation, time limits, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

Posted November 22nd, 2017 in autism, community care, disabled persons, judicial review, learning difficulties, local government, London, news, social services, statutory duty by sally

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

Posted November 22nd, 2017 in asylum, dentists, evidence, expert witnesses, identification, judicial review, local government, news, photography, tribunals, young persons by sally

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers

Posted November 22nd, 2017 in children, customs and excise, indecent photographs of children, news, obscenity, sentencing, sexual offences, statutory interpretation by sally

‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’

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Drystone Chambers, 26th October 2017

Source: drystone.com

The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project

Posted November 22nd, 2017 in children, family courts, medical treatment, news, parental rights by sally

‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’

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Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

UK judges to get scientific guides – BBC News

Posted November 22nd, 2017 in DNA, documents, evidence, judges, judiciary, news, statistics by sally

‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

Posted November 22nd, 2017 in assets recovery, cryptocurrencies, electronic commerce, legislation, news, proceeds of crime, proportionality, restraint orders by sally

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers

Posted November 22nd, 2017 in animals, assets recovery, criminal justice, foreign jurisdictions, international law, news by sally

‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’

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Drystone Chambers, 6th November 2017

Source: drystone.com

G4S youth jail beset by violence, vandalism and weapons, report finds – The Guardian

Posted November 22nd, 2017 in contracting out, news, reports, secure training centres, violence, young offenders by sally

‘Surging levels of violence at an “unsafe” G4S-run youth jail have put staff in hospital and caused inmates to carry improvised weapons for their safety, inspectors have revealed.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Starham v Greene King – Falcon Chambers

Posted November 22nd, 2017 in conveyancing, damages, easements, interpretation, licensing, news, planning, restrictive covenants by sally

‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

Posted November 22nd, 2017 in contracting out, contracts, disclosure, insurance, limitations, news, statute law revision, third parties, time limits, warranties by sally

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers

Posted November 22nd, 2017 in housing, international relations, news, referendums, stamp duty, taxation, valuation by sally

‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Know your limitation – New Law Journal

Posted November 22nd, 2017 in damages, limitations, negligence, news, statutory interpretation, taxation, time limits by sally

‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’

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New Law Journal, 27th October 2017

Source: www.newlawjournal.co.uk

Burrows Investments Limited v Ward Homes Limited [2017] EWCA Civ 1577 – Falcon Chambers

Posted November 22nd, 2017 in contracts, damages, housing, news, planning by sally

‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Autumn Newsletter – Falcon Chambers

Posted November 22nd, 2017 in adverse possession, barristers, boundaries, contracts, duty of care, easements, estoppel, freedom of expression, housing, injunctions, insolvency, land registration, landlord & tenant, leases, legal services, misrepresentation, negligence, news, planning, restraint orders, restrictive covenants, rights of way, statutory interpretation, third parties, tribunals by sally

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Time to end solicitor-bar divide, first female solicitor QC says – Law Society’s Gazette

Posted November 22nd, 2017 in legal profession, news, queen's counsel, solicitor advocates by sally

‘England and Wales’ first female solicitor advocate QC is set to also become the first to dual qualify as both a solicitor and barrister. June Venters, who was made QC in 2006, will be called to the bar by Middle Temple on Thursday.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

Posted November 22nd, 2017 in compensation, consultations, housing, insurance, interest, lord chancellor, news, personal injuries, statute law revision, statutory duty by sally

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com

Homelessness Update – Doughty Street Chambers

Posted November 22nd, 2017 in homelessness, housing, human rights, landlord & tenant, local government, London, mental health, news by sally

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk