UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

Full Story

OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Firearms Licensing Statutory Guidance 2021: the likely impact on firearms appeals – 5SAH

‘On 20 October 2021 the government published the latest statutory guidance for Chief Officers of Police. It comes into force on 1 November 2021. Given that the consultation was in 2019 it is almost certain that the timing of its publication and much of its content are a direct result of the tragic events in Plymouth on 12 August 2021, where five people were killed and two others injured by a man using a semi-automatic shotgun for which he held a shotgun certificate. This prompted steps to make the process of obtaining and, in particular, retaining a firearms or shotgun certificate more robust.’

Full Story

5SAH, 25th October 2021

Source: www.5sah.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2021 in legislation by tracey

SI 2021/1221 – The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021

SI 2021/1218 – The Money Laundering and Terrorist Financing (Amendment) (No. 3) (High-Risk Countries) Regulations 2021

SI 2021/1226 – The Land Registration Fee Order 2021

SI 2021/1222 – The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2021

SI 2021/1208 – The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021

Source: www.legislation.gov.uk

Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB

Posted November 3rd, 2021 in chambers articles, company law, contracts, news by sally

‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’

Full Story

3PB, 15th October 2021

Source: www.3pb.co.uk

BAILII: Recent decisions

Posted November 3rd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Siddiqui v Siddiqui & Anor [2021] EWCA Civ 1572 (02 November 2021)

Disclosure and Barring Service v AB [2021] EWCA Civ 1575 (01 November 2021)

Open Rights Group & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 1573 (29 October 2021)

High Court (Administrative Court)

O’Connor v Crown Prosecution Service [2021] EWHC 2900 (Admin) (02 November 2021)

Essel, Review of the tariff [2021] EWHC 2920 (Admin) (02 November 2021)

Professional Standards Authority for Health And Social Care v General Optical Council & Anor [2021] EWHC 2888 (Admin) (01 November 2021)

High Court (Chancery Division)

Richmondshire District Council v Dealmaster Ltd & Anor [2021] EWHC 2892 (Ch) (01 November 2021)

High Court (Commercial Court)

ECU Group PLC v HSBC Bank PLC & Ors [2021] EWHC 2875 (Comm) (01 November 2021)

Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation [2021] EWHC 2904 (Comm) (01 November 2021)

High Court (Queen’s Bench Division)

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) (01 November 2021)

Source: www.bailii.org

Met police officers plead guilty over photos taken at scene of sisters’ deaths – The Guardian

‘A police officer made degrading and sexist insults about two murdered women as he shared pictures from the scene where they were found with a colleague photographing their bodies and also sharing the images via WhatsApp.’

Full Story

The Guardian, 2nd November 2021

Source: www.theguardian.com

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

Full Story

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Bankruptcy Petitions – Petitioner Substitution r.10.27 and Change of Carriage r.10.29 – 33 Bedford Row

Posted November 3rd, 2021 in bankruptcy, chambers articles, debts, insolvency, news by sally

‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:

“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘

Full Story

33 Bedford Row, 14th October 2021

Source: www.33bedfordrow.co.uk

Pro bono services “cannot keep up” with post-Covid demand – Legal Futures

Posted November 3rd, 2021 in coronavirus, law firms, legal services, news, pro bono work by sally

‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’

Full Story

Legal Futures, 3rd November 2021

Source: www.legalfutures.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

Full Story

The Guardian, 3rd November 2021

Source: www.theguardian.com

The (Rebuttable) Presumption of Honesty – Hailsham Chambers

Posted November 2nd, 2021 in causation, fiduciary duty, loss of chance, negligence, news, set-off, solicitors by sally

‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’

Full Story

Hailsham Chambers, 8th October 2021

Source: www.hailshamchambers.com

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

Full Story

Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Defensive Advising Strategies 3: Risk Bargaining Between Adviser and Client – Wilberforce Chambers

Posted November 2nd, 2021 in barristers, fees, legal advice, news by sally

‘The concept of “risk bargaining” is not a term of art. However, I am sure that risk bargaining, as I describe it below, is something well-known to experienced professional advisers in their dealings with their clients.’

Full Story

Wilberforce Chambers, 7th October 2021

Source: www.wilberforce.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

Full Story

St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

Full Story

Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

Full Story

St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #53 of Spire Barristers’ Family Law Newsletter: edited by Chloe Lee and Philippa Pudney; news and Case Reviews by Francesca Massarella. Francesca began pupillage at Spire Barristers in September 2021.’

Full Story

Spire Barristers, 27th October 2021

Source: spirebarristers.co.uk

Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers

Posted November 2nd, 2021 in employment, health & safety, news, noise, regulations by sally

‘The first edition of Controlling Noise at Work was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of time, have generated the need for a third edition, which offers an opportunity to reconsider the Guidance itself, which contains a plethora of detail beyond the Regulations, and fertile material for cross-examination and submissions at trial.’

Full Story

Ropewalk Chambers, 2nd November 2021

Source: www.ropewalk.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

Full Story

Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Alleged extremist to face trial for law firm terror attack – Legal Futures

‘An alleged far-right extremist accused of attempting to launch a terror attack at a solicitors’ firm will stand trial next March, a judge decided last week.’

Full Story

Legal Futures, 2nd November 2021

Source: www.legalfutures.co.uk