Month: April 2023

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

Posted April 5th, 2023 in asbestos, cancer, chambers articles, compensation, damages, families, industrial injuries, news, standard of proof by sally

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Liverpool school abuse: Survivors take legal action against council – BBC News

Posted April 5th, 2023 in child abuse, child cruelty, children, duty of care, local government, news, school children, sexual offences by sally

‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Guide to UK online children’s code scope published – OUT-LAW.com

Posted April 5th, 2023 in bills, children, codes of practice, consultations, data protection, internet, news by sally

‘The growing focus of regulators on ensuring children are safe to use online services has been brought into sharp focus with recent actions of the UK’s data protection authority, a technology law expert has said.’

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OUT-LAW.com, 4th April 2023

Source: www.pinsentmasons.com

Mother and partner convicted over death of Lola James, two, in Wales – The Guardian

Posted April 5th, 2023 in causing death of children or vulnerable adults, children, families, murder, news by sally

‘A mother and her partner face jail after being convicted over the death of a two-year-old girl who suffered horrific injuries in an attack at the family home.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Grooming gangs and ethnicity: What does the evidence say? – BBC News

Posted April 5th, 2023 in child abuse, children, gangs, government departments, news, Pakistan, sexual grooming, sexual offences, statistics by sally

‘The prime minister says victims of grooming gangs have been ignored because of political correctness.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

High-Value NIHL Claims: Application of the Ogden Tables – Ropewalk Chambers

Posted April 5th, 2023 in armed forces, chambers articles, contribution, damages, disabled persons, negligence, news, noise, personal injuries by sally

‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’

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Ropewalk Chambers, 28th March 2023

Source: ropewalk.co.uk

TikTok fined £12.7m for illegally processing children’s data – The Guardian

Posted April 5th, 2023 in children, data protection, fines, internet, news, ombudsmen by sally

‘TikTok has been fined £12.7m for illegally processing the data of 1.4 million children under 13 who were using its platform without parental consent, Britain’s data watchdog said.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Met Police: Former officer found guilty of rape – BBC News

Posted April 5th, 2023 in disciplinary procedures, news, police, professional conduct, rape, sexual offences, victims by sally

‘A former Metropolitan Police officer has been found guilty of raping a woman while he was off duty.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Fundamental Dishonesty: An Update – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, deceit, fundamental dishonesty, news, trials by sally

‘In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a recent survey asking colleagues for their own experiences regarding fundamental dishonesty at trial.’

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Ropewalk Chambers, 30th March 2023

Source: ropewalk.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 4th, 2023 in legislation by michael

SI 2023/405 – The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 2) Regulations 2023

SI 2023/404 – The Treasure (Designation) (Amendment) Order 2023

SI 2023/403 – The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023

SI 2023/402 – The Local Government and Elections (Wales) Act 2021 (Corporate Joint Committees) (Consequential Amendments) Order 2023

SI 2023/400 – The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023

SI 2023/399 – The Occupational Pension Schemes (Administration, Investment, Charges and Governance) and Pensions Dashboards (Amendment) Regulations 2023

SI 2023/397 – The Parole Board (Amendment) Rules 2023

SI 2023/396 – The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

SI 2023/395 – The Scotland Act 2016 (Commencement No. 5) (Amendment) Regulations 2023

SI 2023/393 – The Major Sporting Events (Income Tax Exemption) (Women’s Finalissima Football Match) Regulations 2023

SI 2023/392 – The Freedom of Information (Removal of References to Public Authorities) Order 2023

SI 2023/390 – The Criminal Justice Act 2003 (Home Detention Curfew) Order 2023

SI 2023/389 – The Electricity Supplier Obligations (Green Excluded Electricity) (Amendment) Regulations 2023

SI 2023/388 – The Value Added Tax Act 1994 (Schedule 9) (Exemptions: Health and Welfare) (Amendment) Order 2023

SI 2023/387 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 6 and Piloting, Transitional and Saving Provisions) Regulations 2023

SI 2023/386 – The School Teachers’ Pay and Conditions (England) (No. 2) (Amendment) Order 2023

SI 2023/385 – The Finance Act 2009 (VAT-related Payments) (Interest) (Appointed Day) Order 2023

SI 2023/384 – The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023

SI 2023/383 – The Social Security (Special Rules for End of Life) Act 2022 (Commencement) Regulations 2023

SI 2023/382 – The Free Zone (Customs Site No. 1 East Midlands) Designation Order 2023

SI 2023/381 – The Environment Act 2021 (Commencement No. 6) Regulations 2023

Source: www.legislation.gov.uk

You should have read the CPR, judge tells litigant in person – Law Society’s Gazette

Posted April 4th, 2023 in civil procedure rules, judges, limitations, litigants in person, news by sally

‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’

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Law Society's Gazette, 3rd April 2023

Source: www.lawgazette.co.uk

Raab urged to fast-track plans to force criminals to attend sentencing – The Guardian

Posted April 4th, 2023 in murder, news, sentencing, sexual offences, victims by sally

‘Dominic Raab has been urged to fast-track plans to force criminals to attend their sentencing after the murderer of nine-year-old Olivia Pratt-Korbel refused to leave his cell to be sentenced on Monday.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

Posted April 4th, 2023 in chambers articles, coronavirus, damages, exclusion clauses, fees, insurance, news, third parties by sally

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

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4 New Square, 28th March 2023

Source: www.4newsquare.com

Timothy Schofield found guilty of sexually abusing boy – BBC News

Posted April 4th, 2023 in child abuse, news, sexual offences by sally

‘The brother of television presenter Phillip Schofield has been found guilty of sexually abusing a boy.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

Local Government Association raises concerns over Illegal Migration Bill, highlights conflict with Children Act 1989 – Local Government Lawyer

Posted April 4th, 2023 in asylum, bills, children, immigration, local government, news by sally

‘The Local Government Association (LGA) has warned that provisions in the Government’s Illegal Migration Bill regarding unaccompanied children could conflict with the Children Act 1989.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Causation and Divisible Injury, The ‘Rocks Of Uncertainty’: CNZ (a minor) v Royal Bath Hospitals NHS Foundation Trust and Another [2023] EWHC 19 (KB) – 3PB

Posted April 4th, 2023 in apportionment, birth, chambers articles, contribution, hospitals, negligence, news, personal injuries by sally

‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’

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3PB, March 2023

Source: www.3pb.co.uk

Olivia Pratt-Korbel: Thomas Cashman given mandatory life sentence – BBC News

Posted April 4th, 2023 in children, firearms, murder, news, sentencing by sally

‘Thomas Cashman, 34, has been jailed for 42 years for the murder of nine-year-old Olivia Pratt-Korbel in Liverpool.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

South Yorkshire PC jailed for taking photo of teenager’s breasts – BBC News

Posted April 4th, 2023 in assault, news, police, sentencing, sexual offences by sally

‘A South Yorkshire Police officer who pulled down a teenager’s top and photographed her breasts has been jailed for eight months.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

Posted April 4th, 2023 in asbestos, cancer, default judgments, delay, local government, news, personal injuries, setting aside by sally

‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Asylum seeker barge plan would face legal challenge – BBC News

Posted April 4th, 2023 in asylum, hotels, housing, news, ships by sally

‘Ministers are facing the prospect of a legal challenge if they go ahead with plans to house asylum seekers on a barge off the Dorset coast.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk