12/04/2023 – Current Awareness

Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers

Posted April 12th, 2023 in appeals, benefits, bereavement, causation, chambers articles, families, government departments, human rights, inquests, mental health, news, suicide by sally

‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’

Doughty Street Chambers, 24th March 2023

Source: insights.doughtystreet.co.uk

Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers

Posted April 12th, 2023 in appeals, benefits, bereavement, causation, chambers articles, families, government departments, human rights, inquests, mental health, news, suicide by sally

‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’

Doughty Street Chambers, 20th March 2023

Source: insights.doughtystreet.co.uk

The employer/employee relationship and independent contractors – 3PB

Posted April 12th, 2023 in news by sally

‘In Andrew Carr v Brands Transport Limited [2022] EWHC 3167 (KB) the Claimant was the sole director and 80% shareholder of the Defendant company. He suffered catastrophic brain injuries when he fell some 14 feet onto concrete whilst loading a car on a transporter that was defective due to the fault of an independent contractor. The court held however that the Defendant was liable with the Claimant being 40% contributorily negligent.’

3PB, March 2023

Source: www.3pb.co.uk

Unfair prejudice claim in a long-standing rags to riches family dispute has failed (Pickering v Hughes and ors) – Gatehouse Chambers

Posted April 12th, 2023 in administrators, chambers articles, company law, dispute resolution, news, unfairly prejudicial conduct by sally

‘Dispute Resolution analysis: Following a liability trial, an unfair prejudice petition under section 994 of the Companies Act 2006 has been dismissed. None of the alleged instances of unfair prejudice directed against the Respondents was made out.’

Gatehouse Chambers, 23rd March 2023

Source: gatehouselaw.co.uk

Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB

Posted April 12th, 2023 in armed forces, chambers articles, damages, disabled persons, employment, government departments, industrial injuries, news, noise by sally

‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’

3PB, March 2023

Source: www.3pb.co.uk

OUTLOOK: Building for the Future – Climate Change and Arbitration – 39 Essex Chambers

Posted April 12th, 2023 in arbitration, chambers articles, climate change, environmental protection, news by sally

‘The data from the major arbitral institutions indicates that the users of arbitration are overwhelmingly represented in heavily emitting industries – energy, construction and the financial sectors. Corporates in these industries will be the first to feel changes in regulation as targets become more ambitious – this is where the role of the state becomes significant in investor state arbitrations.’

39 Essex Chambers, 28th March 2023

Source: www.39essex.com

Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers

Posted April 12th, 2023 in appeals, chambers articles, damages, holidays, negligence, news, part 36 offers by sally

‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’

Pump Court Chambers, 27th March 2023

Source: www.pumpcourtchambers.com

Stephen Bear 21-Month Custodial Sentence Sends a Message – Intimate Image Abuse Will Not Be Taken Lightly – Mountford Chambers

Posted April 12th, 2023 in chambers articles, consent, imprisonment, news, photography, pornography, sentencing, sexual offences, voyeurism by sally

‘Following the highly publicised trial and subsequent imprisonment of Stephen Bear, Fiona Clegg looks at the current position regarding disclosing private sexual photographs and films with intent to cause distress and the proposals for reform.’

Mountford Chambers, 16th March 2023

Source: www.mountfordchambers.com

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

Posted April 12th, 2023 in Afghanistan, asylum, chambers articles, children, education, employment, families, government departments, hotels, housing, immigration, judicial review, news by sally

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk

When undue influence and mutual wills collide: Naidoo v Barton [2023] EWHC 500 (Ch) – Gatehouse Chambers

Posted April 12th, 2023 in chambers articles, fraud, news, probate, theft, undue influence, wills by sally

‘Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the more stringent probate test that generally applies where a will is challenged on the grounds of undue influence.’

Gatehouse Chambers, 12th March 2023

Source: gatehouselaw.co.uk

“A Blueprint for Action”: Workplace Risk Assessments Revisited – Gatehouse Chambers

Posted April 12th, 2023 in news by sally

‘The case of Paul Chadwick v (1) RH Ovenden Limited and (2) Rian Hamilton [2022] EWHC 1701 (QB) concerns an accident which occurred on Manston Airfield (“the Airfield”) in an unused cargo plane. The Claimant, Mr Chadwick, was badly injured during the process of dismantling the plane (“the Accident”). The case examines the employment relationships as between the Claimant and the two Defendants; it serves as a helpful recap on workplace negligence principles and provides a cautionary tale on the importance of workplace risk assessments.’

Gatehouse Chambers, 7th March 2023

Source: gatehouselaw.co.uk

D v R [2023]: An Important Reminder of the Application of Part 3A and Practice Direction 3AA – Parklane Plowden Chambers

Posted April 12th, 2023 in news by sally

‘In this recent authority, Mrs Justice Theis DBE considers an appeal following a fact-finding hearing on the grounds that Part 3A and Practice Direction 3AA Family Procedure Rules 2010 were not complied with by the judge. This appeal was allowed, the findings were set aside and the case was remitted to the Designated Family Judge to consider a re-hearing. This case provides a helpful legal framework of the important provisions when the case involves a vulnerable party.’

Parklane Plowden Chambers, 10th March 2023

Source: www.parklaneplowden.co.uk

What factors are relevant and admissible to establish that driving is dangerous? – Drystone Chambers

Posted April 12th, 2023 in appeals, chambers articles, dangerous driving, news by sally

‘In the recent case of R v Holder [2023] EWCA Crim 5 the Court of Appeal considered what conduct was encompassed with the definition of “dangerous driving” under the Road Traffic Act 1988.’

Drystone Chambers, March 2023

Source: www.drystone.com

Religious Discrimination and workplace clothing policies: consistency, comparators, and some persisting confusion? – Cloisters

Posted April 12th, 2023 in news by sally

‘Laurene Veale has written an analysis of a recent judgment of the European Court of Justice on religion and protected belief discrimination for the Discrimination Law Association.’

Cloisters, March 2023

Source: www.cloisters.com

EAT Guidance on Strike Out and Disputed Facts: Kaul V Ministry of Justice and Ors – Parklane Plowden Chambers

Posted April 12th, 2023 in news by sally

‘The Claimant appealed against a decision under Rule 37(1)(a) of the Employment Tribunal Rules, striking out claims of indirect discrimination, victimisation, failure to make reasonable adjustments, harassment, and discrimination arising from disability, on the ground that the claims had no reasonable prospect of success. The struck-out claims arose from the way in which grievances had been addressed (but did not concern the substantive outcome of the grievances).’

Parklane Plowden Chambers, 22nd March 2023

Source: www.parklaneplowden.co.uk

Sea Change: Bon Voyage to Many PI and Fatal Claims in the Admiralty Court – Parklane Plowden Chambers

Posted April 12th, 2023 in news by sally

‘The knotty matter of having to issue personal injury and fatal accident claims occurring on ships in the Admiralty Division of the High Court is soon to addressed by amendments to the Civil Procedure Rules which will be launched on 6 April 2023.’

Parklane Plowden Chambers, 20th March 2023

Source: www.parklaneplowden.co.uk

Third-Party Harassment at Work – Parklane Plowden Chambers

Posted April 12th, 2023 in news by sally

‘Employees are currently protected against harassment committed by their employer (s.26(2) EqA 2010). However, modern workplaces mean that many workers often interact with third-party contractors or partner organisations during their working days. Frequent interaction with customers is also of course common for many, and high-profile companies such as Ikea and McDonalds have recently signed up to agreements with the Equality and Human Rights Commission (the Commission) relating to sexual harassment policies.’

Parklane Plowden Chambers, 24th March 2023

Source: www.parklaneplowden.co.uk

A Court or an Adviser? Further proposed reforms to the Parole Board – Doughty Street Chambers

Posted April 12th, 2023 in news by sally

‘Recent reports suggest that some of the changes set out in the Ministry of Justice’s 2022 ‘Root and Branch Review of the Parole System’ may be brought forward in the Victims Bill.’

Doughty Street Chambers, 2nd March 2023

Source: insights.doughtystreet.co.uk

Case Digest: Clements v Frisby [2022] EWHC 3124 (Ch) – Exchange Chambers

Posted April 12th, 2023 in news by sally

‘The question decided by the court in this case was whether, by the Claimant revealing in a witness statement that his solicitors “took time to make progress with my claim, primarily because they felt that the business Fashion did not look at all valuable and did not appear to present a target worth pursuing“, he could be said to have waived privilege in relation to the advice given to him, such that it was appropriate to order disclosure of supporting documentation relating to the subject matter of the waiver.’

Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Negligence and sports injuries: common threads – 12 King’s Bench Walk

Posted April 12th, 2023 in chambers articles, damages, duty of care, industrial injuries, negligence, news, personal injuries, sport by sally

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

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