28/01/2020 – Current Awareness

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Guidance on the court’s approach to challenges to planning permissions for quarrying in green belt (Haden v Shropshire Council) – No. 5 Chambers

Posted January 28th, 2020 in equality, health, local government, news, planning, pollution by sally

‘Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt. Nina Pindham, a barrister at No5 Barristers’ Chambers and counsel for the defendant, considers the case and its implications.’

No. 5 Chambers, 23rd January 2020

Source: www.no5.com

Conditional Fee Agreements and Contentious Business Agreements – Ropewalk Chambers

Posted January 28th, 2020 in chambers articles, costs, fees, news, solicitors by sally

‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’

Ropewalk Chambers, 23rd January 2020

Source: www.ropewalk.co.uk

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB). – Parklane Plowden Chambers

Posted January 28th, 2020 in birth, causation, negligence, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.co.uk

New Global Talent Visa announced – Richmond Chambers

Posted January 28th, 2020 in brexit, immigration, news, visas by sally

‘Faced with a potential post-Brexit brain drain, the Home Office has today announced the introduction of a new Global Talent visa.’

Richmond Chambers, 27th January 2020

Source: immigrationbarrister.co.uk

Green Space Borough-Wide Preventative Injunctions: The Final Stage? – Hardwicke Chambers

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’

Hardwicke Chambers, 22nd January 2020

Source: hardwicke.co.uk

Adriatic Land 1 (GR3) Limited v Miller & Others – Tanfield Chambers

Posted January 28th, 2020 in insolvency, landlord & tenant, leases, news, service charges by sally

‘On an appeal against a determination of the First-Tier Tribunal (FTT) as to the reasonableness and payability of service charges, the Upper Tribunal found that the FTT had erred in its construction of the residential leases.’

Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

A legal duty to tackle inequality: Scotland first, Wales next, England when? – Cloisters

Posted January 28th, 2020 in equality, news, Scotland, statutory duty, Wales by sally

‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’

Cloisters, 23rd January 2020

Source: www.cloisters.com

Bolton Fire Highlights Ongoing High-Rise Health And Safety Issues – 4-5 Gray’s Inn Square

Posted January 28th, 2020 in fire, health & safety, inquiries, news, reports by sally

‘It could easily have been another Grenfell Tower. On Friday, 15 November 2019, over 100 people were forced to flee The Cube in Bolton, Greater Manchester, after a fire broke out and spread with devastating speed through the upper floors.’

4-5 Gray's Inn Square, 24th January 2020

Source: www.4-5.co.uk

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

Posted January 28th, 2020 in child arrangements orders, coercive & controlling behaviour, domestic violence, family courts, news, rape by sally

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

5 SAH, 23rd January 2020

Source: www.5sah.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

4 New Square, 27th January 2020

Source: www.4newsquare.com

Article 8 & Unfair Dismissal – January 2020 – Pallant Chambers

Posted January 28th, 2020 in human rights, news, privacy, probation, unfair dismissal by sally

‘Q v Secretary of State for Justice UKEAT/0120/19 was a recent case in which the Employment Appeal Tribunal looked at the application of the Article 8 in a conduct dismissal case.’

Pallant Chambers, 23rd January 2020

Source: www.pallantchambers.co.uk

Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by tracey

‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’

UK Human Rights Blog, 27th January 2020

Source: ukhumanrightsblog.com

Pickets, prayers and protests: using anti-social behaviour legislation to curb protest – UK Police Law Blog

Posted January 28th, 2020 in abortion, Christianity, demonstrations, freedom of expression, homosexuality, human rights, Islam, news, public spaces protection orders, school children by tracey

‘Two recent cases have required the High Court and Court of Appeal to consider in detail the use by local authorities of different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) to limit or prevent protests that have contained a strong religious or moral element. To what extent are the courts prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words “anti-social behaviour” are heard? The answer, in two words, is “very prepared”, judging by the decisions in the cases of Dulgerhiu v London Borough of Ealing [2019] EWCA Civ 1490 and Birmingham City Council v Asfar [2019] EWHC 3217 (QB).’

UK Police Law Blog, 27th January 2020

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2020 in legislation by tracey

The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020

The Carcinogens and Mutagens (Miscellaneous Amendments) Regulations 2020

The Policing and Crime Act 2017 (Commencement No. 10 and Transitional and Saving Provisions) Regulations 2020

Source: www.legislation.gov.uk

Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers

Posted January 28th, 2020 in landlord & tenant, leases, news, service charges, third parties by sally

‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’

Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

BAILII: Recent Decisions

Posted January 28th, 2020 in law reports by tracey

High Court (Family Division)

MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) (22 January 2020)

Source: www.bailii.org

Court fee can be claimed from defendants despite exemption – Litigation Futures

Posted January 28th, 2020 in civil procedure rules, costs, fees, news, part 36 offers by tracey

‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’

Litigation Futures, 28th January 2020

Source: www.litigationfutures.com

Conveyancing revolution to hit over next decade – Legal Futures

Posted January 28th, 2020 in conveyancing, electronic filing, news, reports by tracey

‘The role of the conveyancer is undoubtedly going to change as much of the administrative side of the role becomes automated over the coming years, a new report from the Council for Licensed Conveyancers (CLC) has predicted.’

Legal Futures, 28th January 2020

Source: www.legalfutures.co.uk

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