19/02/2020 – Current Awareness

Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers

Posted February 19th, 2020 in appeals, equality, housing, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’

No. 5 Chambers, 12th February 2020

Source: www.no5.com

Seven men convicted of grooming teenage girls in Huddersfield – The Guardian

Posted February 19th, 2020 in child abuse, children, news, rape, sexual grooming, sexual offences, victims by sally

‘Seven men convicted of sexually exploiting young girls in Huddersfield “robbed their victims of their childhood and abused them in truly appalling ways”, police have said.’

The Guardian, 18th February 2020

Source: www.theguardian.com

Fraudulent Non-Disclosure Claim in Property Joint Venture Case Fails – Littleton Chambers

Posted February 19th, 2020 in chambers articles, conspiracy, disclosure, fiduciary duty, fraud, joint ventures, news by sally

‘The claimant (Mr Russell) was one of four individuals involved in a joint venture property development business. The parties entered into a joint venture agreement which obliged them to act with good faith towards each other, in certain limited respects. Mr Russell departed the business pursuant to the terms of a settlement deed. Shortly after that deed was executed, the remaining parties entered into an attractive development project that Mr Russell claimed the other parties did not tell him about, or give him the opportunity to participate in. Mr Russell claimed he was wrongfully excluded by the dishonest actions of the other joint venturers. The claims alleged were: (a) breach of fiduciary duty; (b) breach of the express/implied terms of the joint venture agreement; (c) fraudulent non-disclosure; (d) unlawful means conspiracy. As a result of the terms of the settlement deed, Mr Russell needed to establish fraud or dishonesty to succeed.’

Littleton Chambers, 13th February 2020

Source: www.littletonchambers.com

How People In Immigration Detention Try To Cope With Life In Limbo – Each Other

Posted February 19th, 2020 in deportation, detention, immigration, mental health, news, telecommunications by sally

‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’

Each Other, 18th February 2020

Source: eachother.org.uk

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

Posted February 19th, 2020 in appeals, case management, chambers articles, employment, employment tribunals, fitness to plead, litigants in person, news by sally

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

3PB, 7th February 2020

Source: www.3pb.co.uk

Equitable briefing – Counsel

Posted February 19th, 2020 in barristers, diversity, equality, news, sex discrimination, statistics, women by sally

‘Talent is everywhere, opportunity is not: why equitable briefing is the most pressing practice issue for the Bar in 2020 – writes Lucy Barbet.’

Counsel, February 2020

Source: www.counselmagazine.co.uk

Ethical veganism: a philosophical belief – 3PB

Posted February 19th, 2020 in chambers articles, employment, employment tribunals, equality, news, pensions, unfair dismissal, veganism by sally

‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’

3PB, 7th February 2020

Source: www.3pb.co.uk

Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers

Posted February 19th, 2020 in appeals, chambers articles, housing, human rights, news, nuisance, privacy by sally

‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’

Falcon Chambers, February 2020

Source: www.falcon-chambers.com

Inadequate time estimates a “problem” in Commercial Court – Litigation Futures

Posted February 19th, 2020 in Commercial Court, delay, news, sanctions by sally

‘Parties under-estimating the time required to argue applications in the Commercial Court – especially where the parties seek a Friday listing – is a “significant current problem”, a judge has warned.’

Litigation Futures, 19th February 2020

Source: www.litigationfutures.com

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

Posted February 19th, 2020 in autism, bereavement, cancer, carers, chambers articles, children, compensation, employment, executors, fostering, industrial injuries, news by sally

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

Posted February 19th, 2020 in chambers articles, children, coercive & controlling behaviour, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

Posted February 19th, 2020 in appeals, case management, chambers articles, civil procedure rules, costs, news, practice directions, solicitors by sally

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Planning Appeal Decision: Top 5 Lessons – No. 5 Chambers

Posted February 19th, 2020 in appeals, chambers articles, local government, news, planning by sally

‘The statistics are against allowed appeals at the moment. Positive decisions from PINS on housing appeals are down. Appeals are failing in particular on heritage related matters. It is therefore critical in my view to neutralise as many issues as early as possible. And to be clear about the real focus from the outset. This appeal had ‘a full house’ when it came to an array of concerns, and some were heard through a round-table forum, making it hard to test assertions, particularly from members of the public.’

No. 5 Chambers, 17th February 2020

Source: www.no5.com

EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers

Posted February 19th, 2020 in appeals, chambers articles, complaints, disciplinary procedures, employment, employment tribunals, harassment, local government, news, police, professional conduct, unfair dismissal by sally

‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’

Old Square Chambers, 17th February 2020

Source: www.oldsquare.co.uk

Drill rapper Unknown T cleared of murder of student – The Guardian

Posted February 19th, 2020 in homicide, murder, news, offensive weapons, violent disorder by sally

‘Unknown T, until recently one of the brightest prospects in the UK drill scene, has been cleared of murdering a university student at New Year’s Eve party in London.’

The Guardian, 18th February 2020

Source: www.theguardian.com

The Second Appeals Test in Immigration Law – Richmond Chambers

Posted February 19th, 2020 in appeals, chambers articles, civil procedure rules, immigration, judicial review, news, tribunals by sally

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

Posted February 19th, 2020 in appeals, chambers articles, children, consent, domestic violence, families, family courts, news, rape, sexual offences by sally

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

SRA money laundering supervision to extend to tax advice – Legal Futures

Posted February 19th, 2020 in immigration, law firms, money laundering, news, solicitors, Solicitors Regulation Authority, taxation by sally

‘The Solicitors Regulation Authority (SRA) could face a cash shortage if the new anti-money laundering (AML) rules increase the number of firms it supervises, it has warned.’

Legal Futures, 18th February 2020

Source: www.legalfutures.co.uk

Luton Council pursues judicial review of neighbouring council’s link road approval – Local Government Lawyer

Posted February 19th, 2020 in judicial review, local government, news, planning, roads by sally

‘Luton Council is to bring a judicial review of Central Bedfordshire Council’s decision to approve an application for a new link road after it says local plan examination inspectors’ letters calling the plan into question were not properly considered.’

Local Government Lawyer, 17th February 2020

Source: www.localgovernmentlawyer.co.uk

Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers

Posted February 19th, 2020 in birth, chambers articles, compensation, expert witnesses, hospitals, negligence, news, personal injuries, witnesses by sally

‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’

Hailsham Chambers, 13th February 2020

Source: www.hailshamchambers.com

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