The Grip of the Peril: Sky UK Limited & Another v Riverstone Managing Agency Limited & Others – 4 New Square

Posted December 19th, 2024 in appeals, chambers articles, construction industry, indemnities, insurance, news by tracey

‘Property insurance is generally written to cover damage caused by an insured peril during the period of indemnity. What if the damage is progressive or liable to spread? Will the insurance cover damage that worsens or spreads to further parts of the property after the policy expires?’

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4 New Square, 19th December 2024

Source: www.4newsquare.com

Immigration Newsletter (December 24) – 4 KBW

Posted December 19th, 2024 in asylum, chambers articles, immigration, litigation friends, news by tracey

‘Immigration Newsletter (December 24).’

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4 KBW, 19th December 2024

Source: www.4kbw.co.uk

Reeves v SRA – Lifting of indefinite suspensions before the SDT – 2 Hare Court

‘In this recent case, in which I acted for the applicant, the SDT lifted an indefinite suspension after over 12 years, despite opposition from the SRA. The SDT’s judgment is an important example of the practical application of the Tribunal’s guidance in such cases.’

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2 Hare Court, 18th December 2024

Source: www.2harecourt.com

PSA v GDC and Danial [2024] EWHC 2610 (Admin) – 2 Hare Court

Posted December 19th, 2024 in chambers articles, dentists, disciplinary procedures, news by tracey

‘Does the time spent on an immediate suspension order count as part of the overall period of substantive suspension imposed on a registrant? Before Aga v General Dental Council [2023] EWHC 3208 (Admin), the answer appeared to be “no”. An immediate order was distinct from a substantive direction of suspension.’

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2 Hare Court, 18th December 2024

Source: www.2harecourt.com

1 Crown Office Row Tax Newsletter – 1 Crown Office Row

Posted December 19th, 2024 in chambers articles, corporation tax, news, taxation by tracey

‘We are delighted to share with you the first edition of the 1 Crown Office Row Tax Newsletter.

In this issue, we bring you a range of important insights and updates from across the tax team covering the ever-changing landscape of tax law. The newsletter covers a broad range of topics across the work we do, covering significant and interesting cases from 2024.’

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1 Crown Office Row, 10th December 2024

Source: www.1cor.com

With great power… – St Ives Chambers

Posted December 19th, 2024 in care orders, chambers articles, children, families, family courts, news by sally

‘On 22 April 2014, the “Single” Family Court sprang into being. For those who did not practise in the predecessors, it is probably almost impossible to fathom that family justice was so clearly delineated into three separate courts, each with its own powers, approaches and, dare we say, own quirks. Indeed, prior to 2010, there were entirely separate procedural codes between the High Court/county court on the one hand and the Family Proceedings Court on the other. For those of us who have difficulty remembering one set of rules, having to remember two seemed a little unfair.’

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St Ives Chambers, November 2024

Source: d23mtoo6rceerw.cloudfront.net

Addressing Racial Disparity in the Youth Justice System – A Critical Analysis – Mountford Chambers

‘Fatima Jama examines the report by Revolving Doors which reviews good and promising local practices that aims to tackle ethnic disparity and minority over-representation in youth justice across England and Wales.’

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Mountford Chambers, 5th November 2024

Source: www.mountfordchambers.com

Article 2 Inquests: An Overview and Update – Landmark Chambers

Posted December 19th, 2024 in chambers articles, coroners, human rights, inquests, news by sally

‘In a recent Landmark Chambers Inquest Law webinar, Harriet Wakeman and Katharine Elliot reviewed the core principles of Article 2 of the European Convention on Human Rights (“the Convention”) and how it is applied in the area of inquest law, including reflecting on lessons to be learned from the latest case law. This blog builds on the content of that webinar with the aim of providing practitioners and members of the public with a more detailed overview of the topic.’

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Landmark Chambers, 29th November 2024

Source: www.landmarkchambers.co.uk

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

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Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Previous breaches of the Immigration Rules and the impact on entry clearance applications – EIN Blog

Posted December 19th, 2024 in families, government departments, immigration, married persons, news by sally

‘On 1 December 2020, the Immigration Rules were amended to introduce what are described as a “more robust and consistent framework” against which immigration applications are assessed or permission cancelled on suitability grounds.’

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EIN Blog, 18th December 2024

Source: www.ein.org.uk

Contribution Claims and the Third Parties (Rights Against Insurers) Act 2010 Riedweg v HCC and others [2024] EWHC 2805 (Ch) – Hailsham Chambers

‘When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010, can that insurer bring a contribution claim against another person whom, the insurer claims, is also liable to the claimant for the same loss as was caused by the insurer’s insured? That was the question for the Court in Riedweg v HCC, the first reported decision on this important point.’

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Hailsham Chambers, 13th November 2024

Source: www.hailshamchambers.com

High Court refuses to strike out $2.625m debt claim – Henderson Chambers

Posted December 19th, 2024 in chambers articles, contracts, debts, news, striking out by sally

‘In Alphier Capital LLP v Blyvoor Gold Capital (Pty) Ltd [2024] EWHC 2649 (ChD), the High Court refused to strike out a claim brought by an assignee, notwithstanding a contractual bar on assignment. Instead, it allowed the addition of the original assignor who could pursue the claim at trial.’

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Henderson Chambers, 4th November 2024

Source: www.hendersonchambers.co.uk

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Young terrorism suspects could avoid prosecution in plan for diversion scheme – The Guardian

Posted December 19th, 2024 in criminal justice, government departments, news, terrorism, young offenders by sally

‘Young terrorism suspects could avoid prosecution if they agree to a diversion scheme, in a new government plan to cope with the post-lockdown surge in youngsters drawn to violent extremism.’

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The Guardian, 17th December 2024

Source: www.theguardian.com

Watchdog says police unprepared for scale of riots – BBC News

Posted December 19th, 2024 in immigration, murder, news, ombudsmen, police, public order, violent disorder by sally

‘Police were unprepared for the scale of disorder that broke out in part of the UK following the Southport knife attacks, a police watchdog has found.’

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BBC News, 19th December

Source: www.bbc.co.uk

“It all happened so long ago…”: the sequel – Pensions Barrister

Posted December 19th, 2024 in documents, evidence, news, pensions, rectification by sally

‘In the second part of his article on the use of evidence law in pensions cases, Paul Newman KC looks at: the evidence required to rectify scheme documents; the nature of the evidence necessary to establish the conduct of groups of scheme members; and the use of Re Benjamin orders to deal with missing or incorrect scheme data.’

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Pensions Barrister, 19th December 2024

Source: www.pensionsbarrister.com

BAILII: Recent Decisions

Posted December 19th, 2024 in law reports by tracey

Supreme Court

Hirachand v Hirachand & Anor [2024] UKSC 43 (18 December 2024)

Court of Appeal (Civil Division)

EO, Re [2024] EWCA Civ 1579 (18 December 2024)

C (A Child)(Change of Given Name) [2024] EWCA Civ 1582 (18 December 2024)

Markou v Financial Conduct Authority [2024] EWCA Civ 1575 (17 December 2024)

Court of Appeal (Criminal Division)

Bond v Rex [2024] EWCA Crim 1570 (17 December 2024)

High Court (Administrative Court)

AYW & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin) (18 December 2024)

Major v Chief Constable of Essex Police & Anor [2024] EWHC 3290 (Admin) (18 December 2024)

The Traveller Movement, R (On the Application Of) v Chair of the UK Covid-19 Inquiry [2024] EWHC 3283 (Admin) (18 December 2024)

Zipfell, R (On the Application Of) v Norfolk County Council [2024] EWHC 3301 (Admin) (18 December 2024)

Ferko v Ealing Magistrates Court & Ors [2024] EWHC 3297 (Admin) (18 December 2024)

Turner v High Court of Dublin, Ireland (Re Referrals under the Hamid Jurisdiction) [2024] EWHC 3294 (Admin) (18 December 2024)

Waverley Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 3302 (Admin) (18 December 2024)

Littlehampton Harbour Board, R (On the Application Of) v Arun District Council [2024] EWHC 3293 (Admin) (18 December 2024)

The Commissioner Of The Police Of The Metropolis, R (On the Application Of) v The Police Appeals Tribunal [2024] EWHC 3263 (Admin) (17 December 2024)

Clydesdale Financial Service Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 3237 (Admin) (17 December 2024)

Hawes, R (On the Application Of) v London Borough of Tower Hamlets [2024] EWHC 3262 (Admin) (17 December 2024)

Save Greater Manchester Green Belt Ltd v Secretary of State for Housing Communities and Local Government & Ors [2024] EWHC 3221 (Admin) (17 December 2024)

Payne v Government of Republic of South Africa [2024] EWHC 3275 (Admin) (17 December 2024)

Coulthard & Anor, R (On the Application Of) v Secretary of State for the Environment, Food and Rural Affairs [2024] EWHC 3252 (Admin) (17 December 2024)

High Court (Chancery Division)

London Borough of Bexley v London & Quadrant Housing Trust [2024] EWHC 3295 (Ch) (18 December 2024)

Hawkwell House Hotel Ltd & Anor v Pirie & Anor [2024] EWHC 3284 (Ch) (18 December 2024)

Evonik UK Holdings Ltd & Ors v Commissioners of Inland Revenue & Anor [2024] EWHC 3239 (Ch) (18 December 2024)

Trappit SA & Ors v GBT Travel Services UK Ltd [2024] EWHC 3285 (Ch) (18 December 2024)

Playtech Software Ltd & Anor v Games Global Ltd & Ors [2024] EWHC 3264 (Ch) (18 December 2024)

Social Money Ltd v Attwells Solicitors LLP & Anor [2024] EWHC 3288 (Ch) (17 December 2024)

High Court (Family Division)

Birmingham Women’s And Children’s Hospital NHS Foundation Trust v KB & Ors [2024] EWHC 3292 (Fam) (18 December 2024)

M v B [2024] EWHC 3266 (Fam) (16 December 2024)

High Court (King’s Bench Division)

Martin v Cooper [2024] EWHC 3296 (KB) (18 December 2024)

The Julie Richardson Ltd & Anor v Oxfordshire County Council [2024] EWHC 3233 (KB) (17 December 2024)

Smart Shirts Ltd v Sheffield Hallam University [2024] EWHC 3276 (KB) (17 December 2024)

Enaholo v Totally PLC & Anor [2024] EWHC 3249 (KB) (17 December 2024)

High Court (Technology and Construction Court)

BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 (TCC) (16 December 2024)

Buckinghamshire Council v FCC Buckinghamshire Ltd [2024] EWHC 3215 (TCC) (13 December 2024)

Darcliffe Homes Ltd v Glanville Consultants & Anor [2024] EWHC 3184 (TCC) (11 December 2024)

Source: www.bailii.org

Couple who bought abortion pills online given community orders – The Guardian

‘A man and woman who were accused of buying pills to induce an illegal abortion have been sentenced to community orders.’

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The Guardian, 18th December 2024

Source: www.theguardian.com

Judges reject appeal by council in dispute over entitlement to right to buy – Local Government Lawyer

Posted December 19th, 2024 in housing, local government, London, news, right to buy by sally

‘The London Borough of Hackney has lost a Court of Appeal case over the eligibility for right to buy of a rabbi who occupied a home for only part of the time.’

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Local Government Lawyer, 19th December 2024

Source: www.localgovernmentlawyer.co.uk