22/11/2023 – Current Awareness

Fixed Recoverable Costs and Vulnerability – Gatehouse Chambers

Posted November 22nd, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer

Posted November 22nd, 2023 in building law, enforcement notices, fines, housing, local government, news, planning by sally

‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’

Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Crunch time for cookie use, watchdog warns – BBC News

Posted November 22nd, 2023 in advertising, consent, consumer protection, data protection, internet, news, ombudsmen, privacy by sally

‘Some of the UK’s most visited websites could face fines unless they make it clearer that cookies are optional.’

BBC News, 21st November 2023

Source: www.bbc.co.uk

Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian

Posted November 22nd, 2023 in appeals, contract of employment, employment, news, self-employment, Supreme Court, trade unions by sally

‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’

The Guardian, 21st November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

Posted November 22nd, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

How Smith v Finch has been run over by a Boris bike – Gatehouse Chambers

Posted November 22nd, 2023 in accidents, bicycles, chambers articles, compensation, damages, news, personal injuries, road safety by sally

‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Bailiffs and their powers in England and Wales – OUT-LAW.com

Posted November 22nd, 2023 in bailiffs, data protection, news by sally

‘Having a bailiff take control of goods and sell them is a common method of enforcement a money judgment in England and Wales.’

OUT-LAW.com, 21st November 2023

Source: www.pinsentmasons.com

Consolidation of legal regulators “may be a good thing” – Legal Futures

Posted November 22nd, 2023 in consultations, Law Society, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Consolidation of legal regulators “may be a good thing” if designed to achieve “the pulling together of knowledge, lessons, consumer research and engagement”, the Legal Services Consumer Panel has said.’

Legal Futures, 22nd November 2023

Source: www.legalfutures.co.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Workington parents jailed for death of baby Dallas Kelly – BBC News

Posted November 22nd, 2023 in causing death of children or vulnerable adults, child cruelty, children, families, imprisonment, murder, news, sentencing by sally

‘A man has been sentenced to life imprisonment for murdering his four-month-old son.’

BBC News, 21st November 2023

Source: www.bbc.co.uk

Gender Reassignment Protection Within the Equality Act 2010 – Parklane Plowden Chambers

Posted November 22nd, 2023 in chambers articles, employment, equality, gender, homosexuality, news, sexual orientation discrimination, transgender persons by sally

‘Protection for individuals who are transgender is conferred by Section 7 of the Equality Act 2010 which makes ‘gender reassignment’ a protected characteristic.’

Parklane Plowden Chambers, 4th October 2023

Source: www.parklaneplowden.co.uk

UK ICO challenges Clearview AI ruling – OUT-LAW.com

Posted November 22nd, 2023 in appeals, artificial intelligence, data protection, enforcement, facial mapping, internet, news by sally

‘The UK’s data protection authority has lodged an appeal against a tribunal ruling that found it did not have the power to take enforcement action against facial recognition software developer Clearview AI.’

OUT-LAW.com, 21st November 2023

Source: www.pinsentmasons.com

Special Contributions in Family Law – 33 Bedford Row

Posted November 22nd, 2023 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’

33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

Bar Council to step up support for chambers – Legal Futures

Posted November 22nd, 2023 in barristers, codes of practice, news by sally

‘The Bar Council is to produce a set of template policies for chambers and may even set up a jobs board, it has emerged.’

Legal Futures, 22nd November 2023

Source: www.legalfutures.co.uk

SRA issues report on opportunities and risks of AI – Local Government Lawyer

Posted November 22nd, 2023 in artificial intelligence, law firms, local government, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority has set out its views on the opportunities – and risks – presented by artificial intelligence (AI).’

Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Serious Crime Bulletin – Issue 3 – October 2023 – Red Lion Chambers

Posted November 22nd, 2023 in chambers articles, criminal justice, news by sally

‘The Serious Crime Bulletin is a quarterly brief providing a snapshot of prominent decisions and news with implications for general crime practitioners.’

Red Lion Chambers, 27th October 2023

Source: redlionchambers.co.uk

Nicola Bulley review: Key report findings at a glance – BBC News

Posted November 22nd, 2023 in disclosure, media, missing persons, news, police, reports by sally

‘An independent review of Lancashire Police’s handling of Nicola Bulley’s disappearance has been published.’

BBC News, 21st November 2023

Source: www.bbc.co.uk

Reasonable for protesters to call Iain Duncan Smith ‘Tory scum’, court rules – The Guardian

Posted November 22nd, 2023 in demonstrations, freedom of expression, judicial review, news, political parties, threatening behaviour by sally

‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’

The Guardian, 21st November 2023

Source: www.theguardian.com

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

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