Part 36 Offers Explained – Becket Chambers
‘This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls.’
Becket Chambers, 14th November 2019
Source: becket-chambers.co.uk
Month: November 2019
Jury highlight Morton Hall multiple staff failures as inquest concludes on death of immigration detainee Carlington Spencer – Garden Court Chambers
‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’
Garden Court Chambers, 14th November 2019
Source: www.gardencourtchambers.co.uk
CA: Part 36 offer did not contract out of fixed costs – Litigation Futures
‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’
Litigation Futures, 19th November 2019
Source: www.litigationfutures.com
Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers
‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’
39 Essex Chambers, 11th November 2019
Source: www.39essex.com
“Severe failures” in care led to the death of vulnerable pensioner Leocardo Loney – Garden Court Chambers
‘The family of a vulnerable London man who was found dead more than two months after he went missing from Willow House, the extra care housing where he lived, have spoken out following an inquest into his death.’
Garden Court Chambers, 7th November 2019
Source: www.gardencourtchambers.co.uk
Refreshing legal clarity on cryptocurrencies and smart contracts – Technology Law Update
‘A UK Government-backed task force has reviewed the status of cryptocurrencies and smart contracts under the existing law. In a new Legal Statement, they offer some welcome clarity to these evolving technologies.’
Technology Law Update, 19th November 2019
Source: www.technology-law-blog.co.uk
Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers
‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’
Landmark Chambers, 14th November 2019
Source: www.landmarkchambers.co.uk
Secret Commissions: Wood v Commercial First Business – Case Analysis – Forum Chambers
‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’
Forum Chambers, 12th November 2019
Source: www.forumchambers.com
Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry – Garden Court Chambers
‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’
Garden Court Chambers, 8th November 2019
Source: www.gardencourtchambers.co.uk
Terminally Ill Dad ‘Fights On’ After High Court Rejects Assisted Dying Case – Rights Info
‘A terminally ill dad has vowed to fight on after the High Court rejected his human rights challenge against the UK’s blanket ban on assisted dying.’
Rights Info, 19th November 2019
Source: rightsinfo.org
Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH
‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’
5SAH, 12th November 2019
Source: www.5sah.co.uk
Relief from the forfeiture of a licence – Guildhall Chambers
‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’
Guildhall Chambers, 7th November 2019
Source: www.guildhallchambers.co.uk
Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer
‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers
‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’
Hardwicke Chambers, 13th November 2019
Source: hardwicke.co.uk
Whose knowledge counts? Singularis v. Daiwa and Attribution – 4 New Square
‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’
4 New Square, 6th November 2019
Source: www.4newsquare.com
Service of a Claim Form – What Mediums Can I Use? – Becket Chambers
‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’
Becket Chambers, 14th November 2019
Source: becket-chambers.co.uk
Pizza prank Sussex Police sergeant guilty of gross misconduct – BBC News
‘A sergeant who dangled a slice of pepperoni pizza over a Jewish officer’s kosher pizza, causing a piece of pork to fall off and land on hers has been found guilty of gross misconduct.’
BBC News, 19th November 2019
Source: www.bbc.co.uk
City firms’ presenteeism culture in the dock – Legal Futures
‘The case of a City lawyer told that leaving work slightly early to pick up her children was setting a bad example, shows how the profession needs to work on changing the culture of presenteeism, a flexible working specialist has argued.’
Legal Futures, 20th November 2019
Source: www.legalfutures.co.uk
High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers
‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’
Garden Court Chambers, 15th November 2019
Source: www.gardencourtchambers.co.uk
Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers
‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’
Blackstone Chambers, 18th November 2019
Source: www.employeecompetition.com
