21/02/2020 – Current Awareness

‘A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates (GHR) “as a matter of urgency”, it has emerged.’

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Litigation Futures, 21st February 2020

Source: www.litigationfutures.com

Out of the Ordinary: Rob Hunter and Bethany Sanders on the Courts’ Approach to Life Expectancy Evidence – Devereux Chambers

Posted February 21st, 2020 in chambers articles, damages, expert witnesses, news, personal injuries by sally

‘In this December article for Personal Injury Focus, Devereux’s Rob Hunter and Bethany Sanders of Leigh Day explore the complexity of life expectancy evidence, providing background, comment, and practice advice on the issue.’

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Devereux Chambers, 14th February 2020

Source: www.devereuxchambers.co.uk

PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC) – Atkin Chambers

Posted February 21st, 2020 in building law, chambers articles, construction industry, contracts, news by sally

‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’

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Atkin Chambers, 7th February 2020

Source: www.atkinchambers.com

Lawyers urged to use the law to fight climate change – Legal Futures

Posted February 21st, 2020 in barristers, climate change, codes of practice, environmental protection, legal profession, news, solicitors by sally

‘An independent collaboration of lawyers, calling itself the Chancery Lane Project, is to publish a set of model laws and contract clauses later this month to help the profession around the world fight climate change.’

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Legal Futures, 20th February 2020

Source: www.legalfutures.co.uk

Prisons: what’s gone wrong & how to fix it – Counsel

Posted February 21st, 2020 in budgets, drug abuse, news, prison officers, prisons, select committees, standards, statistics, suicide by sally

‘An abysmal mess? What our prisons tell us about our country today – by Nick Hardwick.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

Court of Protection Newsletter #17 – Spire Barristers

Posted February 21st, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the February issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barrister, 14th February 2020

Source: spirebarristers.co.uk

Court rejects judicial review over failure to extend QOCS – Litigation Futures

Posted February 21st, 2020 in costs, county courts, disability discrimination, disabled persons, equality, judicial review, Ministry of Justice, news by sally

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Onus of Proof in Business Rates Complaints – 33 Bedford Row

Posted February 21st, 2020 in burden of proof, chambers articles, complaints, local government, news, rates by sally

‘Where a Local Authority (the ‘Billing Authority) applies by way of complaint to the Magistrates Court for a liability order against an alleged ratepayer, for allegedly due but unpaid, national non-domestic rates (‘Business Rates’), the Magistrates Court will issue a summons requiring the alleged ratepayer to attend the Magistrates Court to answer the complaint (the ‘Complaint’).’

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33 Bedford Row, 16th February 2020

Source: www.33bedfordrow.co.uk

Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB

Posted February 21st, 2020 in chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, news, unfair dismissal by sally

‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Man guilty of murdering Widnes pub landlord over ban – BBC News

Posted February 21st, 2020 in licensed premises, murder, news, offensive weapons by sally

‘A man has been found guilty of murdering a landlord who barred him from his pub for “bragging about carrying a knife”.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk

Muslim Non-Marriages – Becket Chambers

Posted February 21st, 2020 in appeals, chambers articles, divorce, Islam, islamic law, marriage, news by sally

‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Council-owned company defends unfair dismissal claim from ADHD sufferer – Local Government Lawyer

Posted February 21st, 2020 in disability discrimination, disabled persons, employment, employment tribunals, local government, news, sick leave, unfair dismissal by sally

‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

No special rules allowing regulators to override LPP – Legal Futures

Posted February 21st, 2020 in appeals, disclosure, documents, legal profession, news, privilege by sally

‘There are no special rules allowing regulators such as the Financial Reporting Council (FRC) to override the protection of legal professional privilege (LPP), the Court of Appeal has ruled.’

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Legal Futures, 20th February 2020

Source: www.legalfutures.co.uk

Strike Out: seriousness of default and possibility of a fair trial require careful consideration – 3PB

Posted February 21st, 2020 in appeals, chambers articles, default judgments, employment, employment tribunals, news, race discrimination, striking out by sally

‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Mediation: untangling knotty problems – Counsel

Posted February 21st, 2020 in barristers, civil justice, codes of practice, dispute resolution, news by sally

‘What’s the most voiced complaint about litigators, the Bar in particular, going into mediation? Some best practice points emerged from the recent Civil Mediation Council Conference – writes Rawdon Crozier.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

Council overturns allotment change-of-use ban at CoA – Local Government Lawyer

Posted February 21st, 2020 in appeals, appropriation, change of use, consent, documents, interpretation, local government, news by sally

‘The Court of Appeal has overturned a High Court ruling that Kirklees Metropolitan Borough Council must keep an allotment site in use, in a ruling that Lord Justice Lewison called “very strange”.’

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Local Government Lawyer, 19th February 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 21st, 2020 in legislation by tracey

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2020

The Council of Europe Convention on Cinematographic Co-production (revised) Order 2020

The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2020

The Taxation of Income from Land (Non-residents) (Amendment) Regulations 2020

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 17) Order 2020

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020

The Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2020

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2020

Source: www.legislation.gov.uk

Points of dispute “must be precise and focused” – Litigation Futures

Posted February 21st, 2020 in appeals, costs, fees, law firms, news, solicitors by sally

‘Points of dispute (PoDs) in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Louise Lotz: Debby Foxwell guilty of neighbour murder – BBC News

Posted February 21st, 2020 in murder, news by sally

‘A woman who bludgeoned her neighbour to death with a garden spade has been found guilty of murder.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk