The extension of fixed costs – two steps forward and five steps back – Exchange Chambers

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’

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Exchange Chambers, 13th October 2023

Source: www.exchangechambers.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

Senior judges call for greater role for junior counsel in advancing oral arguments in court – Local Government Lawyer

Posted November 9th, 2023 in barristers, judges, local government, news, oral hearings by sally

‘Senior members of the judiciary have issued a statement calling for greater participation of junior counsel in courts and tribunals hearings.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association

Posted November 9th, 2023 in brexit, company law, constitutional law, EC law, government departments, news by sally

‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’

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UK Constitutional Law Association, 9th November 2023

Source: ukconstitutionallaw.org

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Channel deaths: Government orders inquiry into mass drowning – BBC News

Posted November 9th, 2023 in government departments, immigration, inquiries, news by sally

‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 9th, 2023 in legislation by tracey

SI 2023/1177 – The Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023

SI 2023/1182 – The Energy Savings Opportunity Scheme (Amendment) Regulations 2023

SI 2023/1181 – The Direct Payments to Farmers (Reconsideration and Appeal) (Modification) (England) Regulations 2023

SI 2023/1174 – The European Union (Future Relationship) Act 2020 (Commencement No. 3) Regulations 2023

SI 2023/1169 – The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2023

SI 2023/1187 – The Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2023

SI 2023/1186 – The Information as to Provision of Education (England) (Amendment) Regulations 2023

SI 2023/1175 – The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023

SI 2023/1194 – The Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 9th, 2023 in law reports by tracey

Supreme Court

Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP & Ors [2023] UKSC 40 (8 November 2023)

Popoviciu v Curtea De Apel Bucharest (Romania) (Rev1) [2023] UKSC 39 (8 November 2023)

Court of Appeal (Civil Division)

Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 (07 November 2023)

Orji & Anor v Nagra & Anor [2023] EWCA Civ 1289 (06 November 2023)

Court of Appeal (Criminal Division)

ADG & Anor, R. v [2023] EWCA Crim 1309 (08 November 2023)

Kirkby v R. [2023] EWCA Crim 1293 (06 November 2023)

High Court (Administrative Court)

Walker, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 2715 (Admin) (08 November 2023)

Yianoma v Bar Standards Board [2023] EWHC 2785 (Admin) (07 November 2023)

High Court (Chancery Division)

Various Claimants v Standard Chartered PLC [2023] EWHC 2756 (Ch) (08 November 2023)

South Tees Development Corporation & Anor v PD Teesport Ltd [2023] EWHC 2787 (Ch) (07 November 2023)

Frontiers Capital I Ltd Partnership v Flohr [2023] EWHC 2723 (Ch) (06 November 2023)

High Court (Family Division)

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction – Indi Gregory) [2023] EWHC 2798 (Fam) (08 November 2023)

High Court (Patents Court)

Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) (08 November 2023)

High Court (King’s Bench Division)

Miller & Anor v Turner [2023] EWHC 2799 (KB) (08 November 2023)

High Court (Technology and Construction Court)

Bend Weld Engineering SDN BHD v FMC Technologies Ltd [2023] EWHC 2782 (TCC) (07 November 2023)

Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2023] EWHC 2768 (TCC) (06 November 2023)

Source: www.bailii.org

The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

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Pensions Barrister, 9th November 2023

Source: www.pensionsbarrister.com

What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news, noise, personal injuries by sally

‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’

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Farrar's Building, 20th October 2023

Source: www.farrarsbuilding.co.uk

Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

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OUT-LAW.com, 8th November 2023

Source: www.pinsentmasons.com

Domestic-abuse victims fear deportation if they go to police – BBC News

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Magistrates in England not following law on remand decisions, charity finds – The Guardian

‘Magistrates are not following the law when sending thousands of people to jail on remand, exacerbating the prison overcrowding crisis in England, a report suggests.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

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Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

Derbyshire PC guilty over sexual encounter with woman in patrol car – The Guardian

‘A Derbyshire police officer has been convicted of misconduct in a public office after he and a colleague both had sex in a patrol car with a woman to whom they had offered a lift home.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

First Online Safety Act guidance for tech platforms targets grooming – BBC News

Posted November 9th, 2023 in child abuse, children, codes of practice, internet, news, ombudsmen, sexual offences by sally

‘Social media platforms should fight online grooming by not suggesting children as “friends” by default, the communications watchdog says.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

At 17, I was jailed for a murder I didn’t commit – and spent seven life-changing years in prison – The Guardian

‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’

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The Guardian, 7th November 2023

Source: www.theguardian.com