July 2020 – Page 15 – Current Awareness

Rectification of the Land Register – 39 Essex Chambers

Posted July 10th, 2020 in appeals, chambers articles, forgery, interpretation, land registration, news, rectification by sally

‘The Court of Appeal in Dhillon v Barclays Bank Plc and the Chief Land Registrar [2020] EWCA Civ 619 has recently given judgment in an important case involving the rectification of the Land Register. It has given new guidance on the test of ‘exceptional circumstances’ in Schedule 4 of the Land Registration Act 2002. It has also repeated a warning to practitioners that pleadings should clearly identify the issues to be resolved.’

39 Essex Chambers, 1st July 2020

Source: www.39essex.com

Crime Team Newsletter – 33 Bedford Row

Posted July 10th, 2020 in chambers articles, criminal justice, inquests, juries, news, police, sentencing, sexual offences, terrorism, violent offenders by sally

‘This month’s newsletter comprises articles from:

Nigel Edwards Q.C. and Daniel Walker– “Sentencing Serious Violent and Sexual Offenders”;

Ayesha Smart and Nigel Edwards Q.C. – “Section 13(1) Terrorism Act 2000 offences- are they strict liability?”;

Sharmila Salvi – “Second Post Mortem Examinations – The Defence Position”;

Andrew Kerr – “Adverse Inferences”; and

Rabia Mir – “How High Fiving Police Officers Turned Off a Jury”.’

33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Article on Costs – Becket Chambers

Posted July 10th, 2020 in chambers articles, costs, news, solicitors, time limits by sally

‘The possibility of a detailed assessment of their costs under Section 70 of the Solicitors Act 1974 (the “Act”) is a possibility that all solicitors should be alive too. It is likely to be encountered in some sense during the course of a career and clients are becoming increasingly aware of the option. When a client changes firms it is also not uncommon for the new solicitors to advise on the prospect of a detailed assessment of the previous bills, especially if they seem high.’

Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

The end of the jury trial as we know it? – 6KBW College Hill

Posted July 10th, 2020 in chambers articles, coronavirus, courts, criminal justice, juries, Ministry of Justice, news, trial without jury, trials by sally

‘The Secretary of State for Justice recently confirmed that the government is considering whether to introduce primary legislation to suspend jury trials for offences triable either way as a way to address the backlog of criminal cases arising from the public health crisis. This development has caused alarm amongst practitioners who might be hoping that Humphreys J was right when he said: “I cannot bring myself to believe that there are any persons other than the inmates of a lunatic asylum who would vote in favour of the abolition of trial by jury in serious criminal cases” (Do We Need a Jury? [1954] Crim LR 457).’

6 KBW College Hill, 30th June 2020

Source: blog.6kbw.com

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

Posted July 10th, 2020 in appeals, chambers articles, Christianity, employment, employment tribunals, equality, marriage, married persons, news, unfair dismissal by sally

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

3PB, 1st July 2020

Source: www.3pb.co.uk

One size fits all? – No. 5 Chambers

Posted July 10th, 2020 in adoption, appeals, care orders, chambers articles, children, families, fostering, guardianship, local government, news by sally

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protected parties, anonymity orders and clinical negligence; PQ (a child by her litigation friend) v Royal Free London NHS Foundation Trust [2020] EWHC 1662 (QB) – Parklane Plowden Chambers

Posted July 10th, 2020 in anonymity, birth, chambers articles, children, damages, families, hospitals, negligence, news, personal injuries by sally

‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’

Parklane Plowden Chambers, 30th June 2020

Source: www.parklaneplowden.co.uk

Guidance from the EAT as to the calculation of a week’s pay and profitability bonuses: Econ Engineering Limited (Appellant) v Mr P Dixon and Others (Respondent) – Parklane Plowden Chambers

Posted July 10th, 2020 in appeals, chambers articles, employment, employment tribunals, news, remuneration by sally

‘For sums to be included in the calculation of a week’s pay by reference to S.221(2) Employment Rights Act (ERA) 1996, completion of normal working hours must be both a necessary and a sufficient condition for the entitlement to the relevant payment.’

Parklane Plowden Chambers, 6th July 2020

Source: www.parklaneplowden.co.uk

Manchester Arena Survivors lose bid for role in public inquiry – Local Government Lawyer

Posted July 10th, 2020 in inquiries, judicial review, news, terrorism, time limits, victims by sally

‘A group of survivors of the terror attack at the Manchester Arena in 2017 have a lost a legal bid to be given “core participants” status at the public inquiry into the bombing.’

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

Posted July 10th, 2020 in appeals, building law, chambers articles, housing, licensing, news, planning, standards, tribunals by sally

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Damaged by COVID-19 – What losses will be recoverable? – Hardwicke Chambers

Posted July 10th, 2020 in chambers articles, contracts, coronavirus, damages, news by sally

‘The normal rule for breach of contract is that losses are assessed as at the date of breach (The Golden Victory [2007] 2 AC 353.) However, this has never been an immutable rule, and the law in this area was significantly recast in the case of W Nagel (A Firm) v Pluczenik Diamond Company [2018] EWCA Civ 2640.’

Hardwicke Chambers, 29th June 2020

Source: hardwicke.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

Posted July 10th, 2020 in care homes, chambers articles, coronavirus, dentists, doctors, hospitals, news, quality assurance, regulations by sally

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

High Court could get power to depart from EU case law – Litigation Futures

Posted July 10th, 2020 in brexit, consultations, courts, EC law, Ministry of Justice, news by sally

‘The Ministry of Justice (MoJ) is considering whether to allow the High Court as well as the Court of Appeal to depart from European Union case law from next year.’

Litigation Futures, 9th July 2020

Source: www.litigationfutures.com

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

Posted July 10th, 2020 in appeals, chambers articles, civil procedure rules, landlord & tenant, news, practice directions, repossession by sally

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

Villiers v Villiers – Blackstone Chambers

Posted July 10th, 2020 in appeals, chambers articles, divorce, EC law, families, financial provision, jurisdiction, news, Scotland by sally

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

Posted July 10th, 2020 in appeals, chambers articles, criminal justice, evidence, hearsay evidence, news, sexual offences by sally

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

UK Sanctions regime targets Human Rights abusers – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, human rights, news, sanctions by sally

The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.

Doughty Street Chambers, 7th July 2020

Source: insights.doughtystreet.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

Posted July 10th, 2020 in chambers articles, civil procedure rules, costs, families, family courts, financial dispute resolution, news by sally

‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’

Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk

Ronan Cormacain: “Social Distancing” of Emergency Legislation during the Covid-19 Pandemic – UK Constitutional Law Association

Posted July 10th, 2020 in constitutional law, coronavirus, emergency powers, news by sally

‘Ordinary legislation is different in its content and method of enactment from emergency legislation. But the risk is that the longer the Covid-19 pandemic continues, the less distinct these two types of law become, and that emergency legislation becomes the new normal. The structural solution proposed to this problem is “social distancing” of emergency legislation – that emergency laws are kept separate and distinct from ordinary laws. The more we conceive of them as abnormal, the more we maintain a gap between them and our ordinary laws, the easier it will be to dump emergency laws when the pandemic is over, and the less chance they will be used for illegitimate purposes.’

UK Constitutional Law Association, 10th July 2020

Source: ukconstitutionallaw.org

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