19/10/2023 – Current Awareness

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

Posted October 19th, 2023 in chambers articles, employment tribunals, foreign jurisdictions, news, transfer of undertakings by sally

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

3PB, 1st September 2023

Source: www.3pb.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

Posted October 19th, 2023 in appeals, chambers articles, doctors, medical treatment, news, professional conduct, Supreme Court by sally

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Applicability of Section 33 Limitation Act 1980 to claims brought pursuant to the Fatal Accidents Act 1976 – Old Square Chambers

Posted October 19th, 2023 in cancer, chambers articles, limitations, news, personal injuries by sally

‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’

Old Square Chambers, 25th September 2023

Source: oldsquare.co.uk

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

Drystone Chambers, 12th September 2023

Source: www.drystone.com

“Wrong place at the wrong time” – but when is “mere presence “ enough? – Mountford Chambers

Posted October 19th, 2023 in assisting offenders, chambers articles, criminal responsibility, news by sally

‘The net for potential accessories present at the scene of a crime is cast far wider than is often first appreciated. That is particularly so where a permissible inference of encouragement applies.’

Mountford Chambers, 21st September 2023

Source: www.mountfordchambers.com

Contemnor required to attend an in person hearing for cross examination (Deutsche Bank AG v Sebastian Holdings Inc and another) – Gatehouse Chambers

Posted October 19th, 2023 in chambers articles, contempt of court, cross-examination, news, remote hearings by sally

‘Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. His request to attend the hearing remotely by video link from Connecticut was refused.’

Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Damien Bendall: Quadruple murderer put in wrong risk classification – BBC News

Posted October 19th, 2023 in dangerous offenders, murder, news, probation by sally

‘The chief probation officer said the service was facing “significant” issues while dealing with Damien Bendall, who went on to kill four people.’

BBC News, 18th October 2023

Source: www.bbc.co.uk

Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

Posted October 19th, 2023 in building law, chambers articles, contribution, costs, health & safety, news, repairs, tribunals by sally

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

Default judgment granted in part in long-running hacking and fraud claim (Ras Al Khaimah Investment Authority v Azima and others) – Gatehouse Chambers

Posted October 19th, 2023 in chambers articles, computer crime, default judgments, fraud, news by sally

‘Dispute Resolution analysis: The High Court has granted default judgment on part of a counterclaim against the Ras Al Khaimah Investment Authority in a long-running set of proceedings, following the decision by the Investment Authority to take no further part in the proceedings. However, following submissions made by Additional Defendants in the proceedings, another part of the counterclaim will proceed to trial in 2024.’

Gatehouse Chambers, 4th September 2023

Source: gatehouselaw.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

R v Clark [2023] EWCA Crim 309: a mere administrative error or an invalid committal? – Guildhall Chambers

Posted October 19th, 2023 in assault, chambers articles, committals, criminal procedure, magistrates, news by sally

‘This case found its way to the Court of Appeal by way of an appeal against sentence. Before considering that sentence, the Court had to resolve a question raised by the Registrar of Criminal Appeals about the lawfulness of the sentence passed in the Crown Court because of procedural errors at the first hearing in the magistrates’ court.’

Guildhall Chambers, 8th September 2023

Source: www.guildhallchambers.co.uk

Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers

Posted October 19th, 2023 in chambers articles, estoppel, families, financial provision, joinder, news, third parties by sally

‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’

Park Square Barristers, 26th September 2023

Source: www.parksquarebarristers.co.uk

Is AI about to transform the legal profession? – BBC News

Posted October 19th, 2023 in artificial intelligence, legal profession, legal services, news by sally

‘If there was a court case on whether society should embrace artificial intelligence (AI) or reject it, there would likely be a hung jury.’

BBC News, 19th October 2023

Source: www.bbc.co.uk

Andrew Malkinson says wrongful rape conviction inquiry should be statutory – The Guardian

Posted October 19th, 2023 in inquiries, miscarriage of justice, news, rape by sally

‘Andrew Malkinson believes an inquiry into how he was wrongfully convicted of rape must be made statutory to ensure Greater Manchester police do not hide evidence.’

The Guardian, 18th October 2023

Source: www.theguardian.com

Women still being harassed at abortion clinics despite buffer zone law – The Guardain

Posted October 19th, 2023 in abortion, demonstrations, government departments, harassment, news by sally

‘Women using abortion clinics are still being harassed despite MPs voting a year ago to create buffer zones to stop protesters intimidating them, medical and abortion groups say.’

The Guardian, 18th October 2023

Source: www.theguardian.com

Face search company Clearview AI overturns UK privacy fine – BBC News

Posted October 19th, 2023 in artificial intelligence, facial mapping, news, privacy by sally

‘A company which enables its clients to search a database of billions of images scraped from the internet for matches to a particular face has won an appeal against the UK’s privacy watchdog.’

BBC News, 18th October 2023

Source: www.bbc.co.uk

The UK’s consumer product safety legal and regulatory regime – OUT-LAW.com

Posted October 19th, 2023 in consumer protection, EC law, health & safety, news, regulations by sally

‘The UK’s consumer product liability and safety regime is broadly derived from EU legislation, which imposes obligations on each of the players in the supply chain from manufacturer through to distributor.’

OUT-LAW.com, 18th October 2023

Source: www.pinsentmasons.com

Wearing the right hat: the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly – Tanfield Chambers

Posted October 19th, 2023 in chambers articles, landlord & tenant, leases, news, pleadings, receivers, repairs by sally

‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’

Tanfield Chambers, 28th September 2023

Source: www.tanfieldchambers.co.uk

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