20/12/2023 – Current Awareness

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

Posted December 20th, 2023 in appeals, chambers articles, compensation, health, health & safety, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Litigants-in-person in the Family Court – Devon Chambers

Posted December 20th, 2023 in chambers articles, families, family courts, litigants in person, news by sally

‘Legal aid can be difficult to obtain in private family law proceedings. Many parties now therefore choose to represent themselves.’

Devon Chambers, 4th November 2023

Source: devonchambers.co.uk

A case commentary from Jonathan Holsgrove: Marriage and beneficial interests in POCA – R v Thompson – Park Square Barristers

Posted December 20th, 2023 in appeals, chambers articles, confiscation, interest, married persons, news, proceeds of crime by sally

‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’

Park Square Barristers, 14th November 2023

Source: www.parksquarebarristers.co.uk

Envrionmental Law News Update – Six Pump Court

Posted December 20th, 2023 in chambers articles, climate change, environmental health, environmental protection, news, pollution by sally

‘COP 28 is due to begin on Thursday and already it is not without controversy. First leaked documents have, according to the BBC, revealed plans that the United Arab Emirates had as host of the UN climate talks to discuss fossil fuel deals with 15 nations, including commercial opportunities for its state renewable energy company with the UK.’

Six Pump Court, 30th November 2023

Source: 6pumpcourt.co.uk

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted December 20th, 2023 in chambers articles, compensation, hospitals, negligence, news, personal injuries by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

St John's Chambers, 30th November 2023

Source: www.stjohnschambers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

Posted December 20th, 2023 in appeals, causation, compensation, expert witnesses, food hygiene, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

General Damages for Asbestosis – Ropewalk Chambers

Posted December 20th, 2023 in asbestos, chambers articles, compensation, damages, news, personal injuries by sally

‘An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely to be the main component of the relatively large total award of damages in such claims.’

Ropewalk Chambers, 9th November 2023

Source: ropewalk.co.uk

Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers

Posted December 20th, 2023 in chambers articles, compensation, government departments, health & safety, news by sally

This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’

Henderson Chambers, 3rd November 2023

Source: www.hendersonchambers.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News

Posted December 20th, 2023 in bias, bills, codes of practice, media, news, ombudsmen by sally

‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’

BBC News, 19th December 2023

Source: www.bbc.co.uk

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, Supreme Court, time limits by sally

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Girton crash: Driver jailed for killing cyclist, Isla Cochrane, 14 – BBC News

Posted December 20th, 2023 in dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A speeding driver who killed a 14-year-old cyclist when he oversteered and mounted a bike path has been jailed.’

BBC News, 19th December 2023

Source: www.bbc.co.uk

Anti-bullying training “should be compulsory for barristers” – Legal Futures

Posted December 20th, 2023 in barristers, bullying, continuing professional development, diversity, equality, harassment, news, professional conduct by sally

‘Training to prevent bullying and harassment should be compulsory for barristers, the leader of gender equality group Behind the Gown has said.’

Legal Futures, 19th December 2023

Source: www.legalfutures.co.uk

Chestnuts Old and New – Hailsham Chambers

Posted December 20th, 2023 in chambers articles, debts, judgments, news by sally

‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’

Hailsham Chambers, 28th November 2023

Source: www.hailshamchambers.com

Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’

UKSC Blog, 19th December 2023

Source: ukscblog.com

Family Law Newsletter #02 – Spire Barristers

Posted December 20th, 2023 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Toxic Torts – Law Pod UK

Posted December 20th, 2023 in damages, environmental health, environmental protection, news, personal injuries, podcasts by sally

‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’

Law Pod UK, 18th December 2023

Source: audioboom.com

The New Dilemma: Can Artificial Intelligence Replace Professionals in Courts and Write Judgments in Public Law? – Lamb Chambers

Posted December 20th, 2023 in artificial intelligence, chambers articles, legal profession, news by sally

‘When discussing AI’s role in replacing advocates and writing judgments in public law cases, it is important to recognise that this involves speculation about how AI’s future development, and is not rooted in AI’s current technological capabilities.’

Lamb Chambers, 8th November 2023

Source: www.lambchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

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