11/02/2020 – Current Awareness

Overstaying and applying for further leave to remain – Richmond Chambers

Posted February 11th, 2020 in chambers articles, immigration, news by sally

‘When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.’

Richmond Chambers, 10th February 2020

Source: immigrationbarrister.co.uk

In the matter of Comet Group Limited (in Liquidation) [2018] EWHC 1378 (Ch) – Wilberforce Chambers

Posted February 11th, 2020 in administrators, disciplinary procedures, liquidators, news by sally

‘This judgment is an important one. It concerned an application by the joint liquidators of Comet (formerly joint administrators) for directions permitting them not to carry out any further investigation into the validity of the fixed and floating charge held by a single purpose vehicle (“HAL”) that had been granted by Comet under a year before it collapsed into administration. The joint liquidators also sought a direction that they be permitted to transfer a further tranche of funds to HAL that had been realised in the administration.’

Wilberforce Chambers, 5th February 2020

Source: www.wilberforce.co.uk

Disability Discrimination: Long-Term Requirement – Pallant Chambers

Posted February 11th, 2020 in disability discrimination, equality, news by sally

‘Until Tesco Stores Ltd v Tennant UKEAT/0167/19 there was no direct authority on whether it was possible to pursue claims of alleged disability discrimination during the 12-month period starting from the date the impairment met all the other requirements under the legislation.’

Pallant Chambers, 5th February 2020

Source: www.pallantchambers.co.uk

COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers

Posted February 11th, 2020 in causation, disclosure, news, victimisation, whistleblowers by sally

‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’

Old Square Chambers, 4th February 2020

Source: www.oldsquare.co.uk

Challenging suspicious wills – Radcliffe Chambers

Posted February 11th, 2020 in chambers articles, fraud, news, undue influence, wills by sally

‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’

Radcliffe Chambers, 5th February 2020

Source: radcliffechambers.com

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

Posted February 11th, 2020 in appeals, compensation, industrial injuries, law firms, miners, negligence, news, personal injuries, professional conduct, Supreme Court by sally

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

Cryptocurrency is Property: AA v Persons Unknown – The 36 Group

Posted February 11th, 2020 in contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘In a significant recent decision, the High Court has acknowledged the finding of the UK Jurisdiction Taskforce (“UKJT”) in its Legal Statement on Cryptoassets and Smart Contracts that cryptocurrency is property.’

The 36 Group, 11th February 2020

Source: 36group.co.uk

Why does my BRP expire on 31/12/2024? – Richmond Chambers

Posted February 11th, 2020 in identity cards, immigration, news, time limits by sally

‘If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.’

Richmond Chambers, 7th February 2020

Source: immigrationbarrister.co.uk

Parental Contact – Private v Public Law Proceedings – Parklane Plowden Chambers

Posted February 11th, 2020 in chambers articles, children, contact orders, news, parental rights by sally

‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’

Parklane Plowden Chambers, 5th February 2020

Source: www.parklaneplowden.co.uk

Destination: Net Zero – Airport Expansion and Climate Change – 39 Essex Chambers

Posted February 11th, 2020 in airports, chambers articles, climate change, news by sally

‘Gethin Thomas consider the implications of the Net Zero target enshrined in the Climate Change Act 2008 for regional airport expansion.’

39 Essex Chambers, 10th February 2020

Source: www.39essex.com

“Artificial intelligence, machine learning, Algorithms and discrimination law: The new frontier” – Cloisters

Posted February 11th, 2020 in artificial intelligence, chambers articles, equality, news by sally

‘Robin Allen QC spoke on “Artificial intelligence, machine learning, Algorithms and discrimination law: The new frontier” at Michael Rubenstein’s Annual Discrimination Law Conferences in London and Edinburgh this month.’

Cloisters, 7th February 2020

Source: www.cloisters.com

Capacity Issues in the Employment Tribunal – Littleton Chambers

Posted February 11th, 2020 in disabled persons, employment tribunals, mental health, news by sally

‘Employment tribunals have particular expertise in dealing with matters relating to disability, including mental health conditions, and are generally well-equipped to ensure that litigants with mental health conditions are able to participate in proceedings to the fullest extent possible.’

Littleton Chambers, 10th February 2020

Source: www.littletonchambers.com

Disapplying fixed costs because of unreasonable behaviour – Hardwicke Chambers

Posted February 11th, 2020 in costs, disclosure, news, road traffic, striking out by sally

‘In a fixed costs RTA claim for credit hire, D alleged that C had failed to comply with an Unless Order to provide specific disclosure, and applied to strike out the claim.’

Hardwicke Chambers, 5th February 2020

Source: hardwicke.co.uk

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

Paying the price for expert shopping: Burke v Imperial Healthcare [2019] EWHC 3719 (QB) – 12 King’s Bench Walk

Posted February 11th, 2020 in disclosure, expert witnesses, hospitals, negligence, news by sally

‘The judgment of Tipples J serves as a sharp reminder to parties who seek permission to change experts that they will be expected to notify the other party of their intention in advance of the hearing. Failure to do so will impose on them a duty to make full and frank disclosure and to ensure that all material information, both as to the law and the facts, is placed before the court. It is necessary to remind the court of the general rule that a party who seeks to change experts will be permitted to do so only on condition it discloses all the written evidence obtained from the former expert. To displace this general rule, the court will need to be satisfied that there is no hint of expert shopping and no attempt to withhold relevant information. ‘

12 King's Bench Walk, 10th February 2020

Source: www.12kbw.co.uk

‘The crisis in private law’ – by Sir James Munby – Transparency Project

Posted February 11th, 2020 in children, families, family courts, news, practice directions by sally

‘This is a talk by Sir James Munby (lately President of the Family Division of the High Court of Justice of England and Wales) at the Conference in Edinburgh on 10 February 2020 of Shared Parenting Scotland.’

Transparency Project, 10th February 2020

Source: www.transparencyproject.org.uk

Insolvency View – New Square Chambers

Posted February 11th, 2020 in chambers articles, insolvency, news by sally

‘The newsletter features a series of reviews by our insolvency specialists, covering the latest major cases.’

New Square Chambers, 6th February 2020

Source: www.newsquarechambers.co.uk

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project – Local Government Lawyer

Posted February 11th, 2020 in airports, judicial review, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’

Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Judge orders MI5 not to delete databanks before end of surveillance trial – The Guardian

Posted February 11th, 2020 in data protection, intelligence services, investigatory powers, news by sally

‘MI5 has been ordered by a senior judge not to delete vast databanks of personal information it is storing pending the outcome of a trial over the legality of its surveillance procedures.’

The Guardian, 10th February 2020

Source: www.theguardian.com

Can the aviation industry reach a net of zero carbon emissions by 2050? – 4 KBW

Posted February 11th, 2020 in airlines, airports, environmental protection, news by sally

‘The aviation industry is currently responsible for around 2% of carbon emissions globally each year, and this is forecast to triple by 20502. With this projected rate in mind, members of the Sustainable Aviation coalition, which includes most major airlines and airports, as well as aerospace manufacturers, are planning to sign a commitment to reach zero net carbon emissions by 2050, with a third of the reduction being achieved through carbon offsetting.’

4 KBW, 7th February 2020

Source: www.4kbw.net

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