Day: 13 April 2023

‘Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases, or will it reaffirm the Court of Appeal’s warning in Morahan that an inquest is a “relatively summary process”?’

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Hailsham Chambers, 21st March 2023

Source: www.hailshamchambers.com

‘The recent case of Goldhill Finance Limited v Smyth [2023] EWHC 362 provides a warning of the importance of raising issues early and accurately in pleadings and highlights an underused defence to claims for the enforcement of second charges.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

‘The Court of Appeal’s decision in Hudson v Hathway [2022] EWCA Civ 1648 is arguably the most important decision on the subject of constructive trusts of the family home since the House of Lords decided Stack v Dowden [2007] UKHL 17.’

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Gatehouse Chambers, 17th March 2023

Source: gatehouselaw.co.uk

‘On 22nd February 2023, the Ministry of Justice and the Department for Levelling Up, Housing and Communities published the Rental Mediation Service Pilot-Post Implementation Review. The Pilot had been run in the county courts between February and October 2021. Part, at least, of the thinking, following the lifting of Covid restrictions on the processing of possession claims, was that there would be an avalanche of hearings and that diversion to mediation would reduce the resulting pressure on the courts. Some 10,000 referrals to mediation with a success rate of 3,000 were estimated.’

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Garden Court Chambers, 3rd March 2023

Source: www.gardencourtchambers.co.uk

‘A capable 62 year old man suffers a modest (liability admitted) injury in an RTA, but then (by common consent) goes on to develop severe CRPS. He had had a myocardial infarction one year earlier (from which he made an excellent recovery, returning to work) and is a Type 1 diabetic.’

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Guildhall Chambers, 27th March 2023

Source: www.guildhallchambers.co.uk

‘The Illegal Migration Bill, that had its second reading on the 13 March, is a widespread attack on fundamental human rights and the rule of law. It stops asylum-seekers, victims of trafficking and other migrants from making admissible asylum and human rights claims, deprives protections for those who have been trafficked, and ousts the jurisdiction of the courts. Whilst the subject-matter of the Bill deals with immigration and detention, it has concerning repercussions in strengthening ministerial and prerogative powers, whilst at the same time undermining judicial scrutiny. In short, it sets a very dangerous precedent indeed.’

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Doughty Street Chambers, 21st March 2023

Source: insights.doughtystreet.co.uk

‘Artificial Intelligence (AI) has stormed into the legal realm, raising exciting possibilities and some hair-raising questions. Could AI models like ChatGPT revolutionise the drafting of contracts?’

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https://www.3pb.co.uk/content/uploads/AM-Contract-Drafting-with-AI-by-3PB-Barristers.pdf

Source: 3PB,%2028th%20March%202023