29/07/2021 – Current Awareness

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

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12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

Posted July 29th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, postal service, race discrimination by sally

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

Beyond Visual Line of Sight (BVLOS) Drone use is coming. What should Insurers be Doing? – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, aircraft, chambers articles, insurance, news by sally

‘Articles that set out to consider the hidden costs of new technology often seek to catch the eye by starting with a vivid description of a recent near-miss. Nothing is as effective an antidote to entrepreneurial optimism as hard evidence of a disaster narrowly avoided.’

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12 King's Bench Walk, 27th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

Posted July 29th, 2021 in accidents, appeals, chambers articles, damages, news, personal injuries, psychiatric damage by sally

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

To order or not to order compulsory ADR: there is no question – 3PB

Posted July 29th, 2021 in chambers articles, civil justice, dispute resolution, news by sally

‘Earlier this month the Civil Justice Council published a report entitled “Compulsory ADR” (“the Report”).’

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3PB, 22nd July 2021

Source: www.3pb.co.uk

The Sewell Report and the Meaning of Institutional Racism – No. 5 Chambers

Posted July 29th, 2021 in chambers articles, equality, news, race discrimination, racism by sally

‘Oliver Lawrence, a barrister at No5 examines the approach taken by the Sewell report to the concept of institutional racism. Drawing on the MacPherson definition, he explores the meaning of the term and the ambiguities within it in order to clarify the findings of the report and the controversy it created. Using the Equality Act 2010 definitions of direct and indirect discrimination, he explains how the Sewell report uses the term to refer to discriminatory reasons whereas many of its critics use the term to refer to discriminatory outcomes. He concludes that without a clear and unambiguous definition of institutional racism, there will inevitably be widespread disagreement about the extent of the problem.’

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No. 5 Chambers, 13th July 2021

Source: www.no5.com

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

Posted July 29th, 2021 in appeals, bias, chambers articles, Commercial Court, confidentiality, disciplinary procedures, disclosure, jurisdiction, news, sport by sally

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

But the Assets are Already Frozen! Where Civil Freezing Orders and Criminal Restraint Orders Collide – Gatehouse Chambers

Posted July 29th, 2021 in administrators, appeals, assets recovery, chambers articles, injunctions, news, proceeds of crime, Serious Fraud Office by sally

‘The Claimants were two companies and their respective administrators, who alleged in the main proceedings that substantial sums had misappropriated, by or for the benefit of the Defendants, or otherwise in circumstances giving rise to liability on the part of the Defendants.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

Posted July 29th, 2021 in appeals, benefits, chambers articles, children, government departments, news, Supreme Court by sally

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

Posted July 29th, 2021 in asylum, detention, false imprisonment, government departments, housing, human rights, immigration, mental health, news, torture, trafficking in human beings by sally

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Drug firm fined for huge price rise that hit NHS – BBC News

Posted July 29th, 2021 in competition, consumer protection, fines, medicines, news by sally

‘A drug company that increased the price of a crucial thyroid remedy more than 10-fold has prompted fines of more than £100m by the competition watchdog.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

The rise of ‘fire and rehire’ strategies in retail – Parklane Plowden Chambers

Posted July 29th, 2021 in chambers articles, company law, coronavirus, employment, news by sally

‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’

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Parklane Plowden Chambers, 21st July 2021

Source: www.parklaneplowden.co.uk

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

Posted July 29th, 2021 in appeals, chambers articles, construction industry, contracts, damages, news, Supreme Court by sally

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

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Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

Downing Street Covid briefings excluded deaf BSL users, judge finds – The Guardian

Posted July 29th, 2021 in coronavirus, disability discrimination, disabled persons, equality, government departments, news by sally

‘Downing Street’s failure to provide British Sign Language interpreters during live Covid briefings was discriminatory and breached equality legislation, a high court judge has ruled.’

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The Guardian, 28th July 2021

Source: www.theguardian.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

Posted July 29th, 2021 in appeals, autism, chambers articles, children, damages, doctors, duty of care, negligence, news, pregnancy, Supreme Court by sally

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

Posted July 29th, 2021 in chambers articles, children, families, government departments, immigration, news, proportionality by sally

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

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Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

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Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

Posted July 29th, 2021 in appeals, chambers articles, covenants, injunctions, limitations, news, restraint of trade, solicitors, Supreme Court, undertakings by sally

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com