30/10/2019 – Current Awareness

Proportionality – Compared with what? And how to assess – No. 5 Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, costs, hospitals, insurance, negligence, news, proportionality by sally

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

One in five cosmetic surgery clinics are unsafe, warns CQC – The Guardian

Posted October 30th, 2019 in cosmetic surgery, health & safety, news, ombudsmen, quality assurance, standards by sally

‘The health regulator is threatening to shut down beauty clinics that perform unsafe facelifts, nose jobs and breast enlargements after finding that one in five are putting clients at risk.’

The Guardian, 29th October 2019

Source: www.theguardian.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers

Posted October 30th, 2019 in enforcement, financial dispute resolution, news by sally

‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’

No. 5 Chambers, 7th October 2019

Source: www.no5.com

BAILII: Recent Decisions

Posted October 30th, 2019 in law reports by sally

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon

Posted October 30th, 2019 in disclosure, evidence, investigatory powers, media, news, police by sally

‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’

Panopticon, 29th October 2019

Source: panopticonblog.com

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

Posted October 30th, 2019 in appeals, class actions, consent, consumer protection, data protection, internet, news, privacy, service out of jurisdiction by sally

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

Posted October 30th, 2019 in appeals, employment, equality, freedom of expression, human rights, judges, judiciary, news, statutory interpretation, whistleblowers by sally

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted October 30th, 2019 in bills, brexit, climate change, demonstrations, environmental protection, news, nuisance, public order by sally

‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’

Six Pump Court, 23rd October 2019

Source: www.6pumpcourt.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

Posted October 30th, 2019 in autism, charities, children, education, learning difficulties, local government, news, school children, statistics by sally

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

Monckton Chambers, 16th October 2019

Source: www.monckton.com

For this relief, much thanks – Nearly Legal

Posted October 30th, 2019 in appeals, equity, forfeiture, leases, news, Supreme Court by sally

‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

Posted October 30th, 2019 in constitutional law, judicial review, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

Posted October 30th, 2019 in appeals, compensation, employment tribunals, limitations, minimum wage, news, remuneration, statutory interpretation, time limits by sally

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

Posted October 30th, 2019 in contracts, costs, disciplinary procedures, drafting, employment, employment tribunals, enforcement, Law Society, news, non-disclosure agreements, solicitors, Solicitors Regulation Authority by sally

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

A Summary Of Recent Corporate Insolvency Cases – Hardwicke Chambers

Posted October 30th, 2019 in administrators, company directors, company law, fraud, insolvency, news, podcasts, professional conduct by sally

‘Phillip Patterson provides a summary of recent corporate insolvency cases covering:

– Fraudulent trading;
– Misfeasance, transactions defrauding creditors and the duties of directors; and
– The out of court appointment of administrators.’

Hardwicke Chambers, 9th October 2019

Source: hardwicke.co.uk

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