05/03/2021 – Current Awareness

Repeat homelessness applications and local connection – Garden Court Chambers

Posted March 5th, 2021 in chambers articles, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers

Posted March 5th, 2021 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, statutory interpretation, Supreme Court, taxis by sally

‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’

Parklane Plowden Chambers, 26th February 2021

Source: www.parklaneplowden.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2021 in legislation by tracey

The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2021

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 21) Order 2021

The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2021

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021

The Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021

The Universal Credit (Childcare in Wales) (Amendment) Regulations 2021

The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2021

The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) (England) Regulations 2021

The Guaranteed Minimum Pensions Increase Order 2021

The Electricity Supplier Payments (Amendment) Regulations 2021

Source: www.legislation.gov.uk

Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers

Posted March 5th, 2021 in chambers articles, coercive & controlling behaviour, domestic violence, families, news, practice directions by sally

‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’

Becket Chambers, 3rd March 2021

Source: becket-chambers.co.uk

Forensic Science – Codes of Practice and Joint Statements – 2 Hare Court

Posted March 5th, 2021 in chambers articles, codes of practice, criminal procedure, forensic science, news by sally

‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’

2 Hare Court, 25th February 2021

Source: www.2harecourt.com

Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, criminal justice, imprisonment, news, sentencing by sally

‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’

Doughty Street Chambers, 4th March 2021

Source: insights.doughtystreet.co.uk

BAILII: Recent Decisions

Posted March 5th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Eastern Power Networks Plc & Ors v Revenue And Customs [2021] EWCA Civ 283 (03 March 2021)

Court of Appeal (Criminal Division)

Hunnisett, R. v [2021] EWCA Crim 265 (04 March 2021)

High Court (Administrative Court)

KMI, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 477 (Admin) (03 March 2021)

Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin) (03 March 2021)

High Court (Chancery Division)

Rokkan v Rokkan & Anor [2021] EWHC 481 (Ch) (04 March 2021)

High Court (Commercial Court)

Newcastle United Football Company Ltd v Football Association Premier League Ltd & Ors [2021] EWHC 450 (Comm) (05 March 2021)

XL Insurance Company SE v IPORS Underwriting Ltd & Ors [2021] EWHC 474 (Comm) (04 March 2021)

Cakebread & Anor v Fitzwilliam [2021] EWHC 472 (Comm) (03 March 2021)

High Court (Patents Court)

Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2021] EWHC 491 (Pat) (04 March 2021)

Mitsubishi Electric Corporation & Anor v Oneplus Technology (Shenzhen) Co Ltd & Ors (FRAND CMC Judgment) [2021] EWHC 493 (Pat) (04 March 2021)

High Court (Queen’s Bench Division)

COS v PER & Anor [2021] EWHC 475 (QB) (03 March 2021)

High Court (Technology and Construction Court)

Bechtel Ltd v High Speed Two (HS2) Ltd [2021] EWHC 458 (TCC) (04 March 2021)

Source: www.bailii.org

The Domestic Abuse Bill, a step in the right direction? – Garden Court Chambers

Posted March 5th, 2021 in bills, chambers articles, coercive & controlling behaviour, criminal justice, domestic violence, news, victims by sally

‘The Domestic Abuse Bill received its second reading stage in the House of Lords on 5 January 2021. The government has indicated a commitment to improving the justice system’s effectiveness in providing protection for victims of domestic abuse and bringing perpetrators to justice.’

Garden Court Chambers, 1st March 2021

Source: www.gardencourtchambers.co.uk

The Cab Rank Rule: English Barristers in Foreign Courts – 3 Hare Court

Posted March 5th, 2021 in barristers, chambers articles, foreign jurisdictions, news by sally

‘When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas.’

3 Hare Court, 26th February 2021

Source: www.3harecourt.com

Practice Direction 27A and its application to financial proceedings – 3PB

Posted March 5th, 2021 in chambers articles, civil procedure rules, costs, news, practice directions by sally

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

3PB, 26th February 2021

Source: www.3pb.co.uk

A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal, vaccination by sally

‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’

Parklane Plowden Chambers, 1st March 2021

Source: www.parklaneplowden.co.uk

Barristers lose £6.9m fees appeal over unenforceable DBA – Law Society’s Gazette

Posted March 5th, 2021 in appeals, arbitration, barristers, damages, fees, news by tracey

‘Two barristers working on a damages-based agreement have failed in their court bid to recoup almost £7m in legal fees.’

Law Society's Gazette, 5th March 2021

Source: www.lawgazette.co.uk

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

Posted March 5th, 2021 in chambers articles, civil procedure rules, evidence, news, practice directions, witnesses by sally

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work – Family Law Week

Posted March 5th, 2021 in banking, cryptocurrencies, divorce, families, financial dispute resolution, financial regulation, news, taxation by tracey

‘Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets.’

Family Law week, 3rd March 2021

Source: www.familylawweek.co.uk

Man jailed for stabbing wedding guest with fork during bust-up – BBC News

Posted March 5th, 2021 in assault, imprisonment, news, sentencing, wounding by tracey

‘A man who repeatedly stabbed a fellow wedding guest in the head with a fork has been jailed.’

BBC News, 4th March 2021

Source: www.bbc.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

Posted March 5th, 2021 in care homes, coronavirus, Court of Protection, disabled persons, elderly, families, local government, news, vaccination by sally

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway – Pallant Chambers

Posted March 5th, 2021 in appeals, chambers articles, news, planning, roads, statutory interpretation by sally

‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’

Pallant Chambers, 26th February 2021

Source: www.pallantchambers.co.uk

Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers

Posted March 5th, 2021 in chambers articles, delay, deportation, government departments, immigration, news, trafficking in human beings, victims by sally

‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

Posted March 5th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, personal injuries, pre-action conduct, small claims by sally

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

No. 5 Chambers, 1st March 2021

Source: www.no5.com

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