Property and Affairs Report – February 2025 – 39 Essex Chambers
‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
Day: 10 February 2025
Mental Health Matters Report – February 2025 – 39 Essex Chambers
‘In the Mental Health Matters Report: the Mental Health Bill progresses and two important Upper Tribunal cases.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
Children’s Capacity Report – February 2025 – 39 Essex Chambers
‘In the Children’s Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
Business Rates – Summons – 33 Bedford Row
‘Where a local authority (Billing Authority) in England alleges that a person has failed to pay due and payable national non-domestic rates (‘Business Rates’), the Billing Authority may[1] apply by way of complaint (‘Complaint’) to the Magistrates Court (a justice of the peace), for a business rates liability order (‘BRLO’) against that person (the alleged ratepayer; for brevity – the ‘ratepayer’). Accompanying the application by way of Complaint, will be a request to the Magistrates Court, that the Magistrates Court do issue a summons, directed to the ratepayer, requiring the ratepayer to appear before the Magistrates Court, to ‘show why he has not paid the sum which is outstanding’ (reg.12(2) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058)). This short article will consider the issue of the summons, and the procedural requirements for a summons.’
33 Bedford Row, 6th February 2025
Source: www.33bedfordrow.co.uk
Police liability, failures to warn, and difficulties with the ‘interference principle’ – 12 King’s Bench Walk
‘Jessica Muurman examines the judgment in Chief Constable of Northamptonshire v Woodcock [2025] EWCA Civ 13, in which the Court of Appeal examined conjoined cases raising the issue of police liability for harm caused by the criminal actions of third parties.’
12 King's Bench Walk, 5th February 2025
Source: 12kbw.co.uk
Solicitors’ Duties: Five Key Principles – 4 New Square
‘In this article, Melody Hadfield sets out five key principles which determine the ambit of solicitors’ duties and provides insight into how those principles interrelate. Melody has significant experience of solicitors’ negligence claims in a wide range of contexts (including claims concerning conveyancing and other property transactions, corporate restructuring, investments and claims arising from the alleged misconduct of litigation).’
4 New Square, 30th January 2025
Source: www.4newsquare.com
Online platforms and the law: can you afford to swipe right for love? – 3 Paper Buildings
‘3PB’s specialist commercial, public and information law barrister Mariya Peykova has written an article titled “Online dating platforms and the law: can you afford to swipe right for love?”’
3 Paper Buildings, 29th January 2025
Source: www.3pb.co.uk
Polish up your pleadings! – 3 Hare Court
‘The case of Alton v PZU S.A. [2024] EWCA Civ 1435 arose out of a road traffic accident on the M20 motorway that occurred on 12 September 2017 and was a claim for damages in respect of personal injury and consequential losses, limited to £13,500. I adopt the past tense because the claim has now in fact been compromised, therefore, the judgment of the Court of Appeal was the final act in this particular drama.’
3 Hare Court, 6th February 2025
Source: www.3harecourt.com
Sick of costs? – 3 Hare Court
‘A special approach has been taken to gastric illness (‘GI’) claims since it was established in the case law in Kempson & Kempson v First Choice Holidays (2007) and Wood v TUI Travel Plc [2017] EWCA Civ 11 that food or drink contaminated with bacteria in sufficient quantity to cause illness cannot be considered to have been “fit for purpose” or of “satisfactory quality” under ss4 and 13 of the Supply of Goods and Services Act 1982. This is not a “strict liability” regime, as confirmed in Wood v TUI, but it does set GI claims apart from other package travel claims in terms of what a claimant is required to establish. Since 2018, the costs associated with GI claims have also been dealt with distinctly from those in other package claims.’
3 Hare Court, 6th February 2025
Source: www.3harecourt.com
In your own words – 3 Hare Court
‘Frequently, in overseas injury claims, one (or perhaps both) of the parties seeks to adduce evidence from a witness whose first language is not English. Before getting to the issue as to whether that witness will be able to give oral evidence at trial by video (a topic for another day), there will need to be a suitable written statement for that witness. The experience of a witness statement in English put before the court when it becomes quickly apparent that the witness is unable to speak or read English, is not a happy one. It is important to bear in mind the requirements of the CPR as to how the statements of witnesses in such cases should be prepared.’
3 Hare Court, 6th February 2025
Source: www.3harecourt.com
Corporal punishment, religious beliefs, professional misconduct and the ECHR: ABC v General Medical Council – Law & Religion UK
‘In ABC v General Medical Council [2025] EWHC 242 (Admin), the appellant, a doctor, appealed under s.40 Medical Act 1983 against a determination of the Medical Practitioners’ Tribunal, which had found proved that between 2012 and January 2019, he had physically abused his children using corporal punishment and had decided to strike him off the register. He was suspended pending the outcome of the appeal [1].’
Law & Religion UK, 8th February 2025
Source: lawandreligionuk.com
Prospective discharge of duty and review of decisions – Nearly Legal
‘The Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2025 (6 pages/61 KB) were passed on 20 January and bring into force further elements of the ECCTA as set out below, beginning in a matter of weeks.’
Nearly Legal , 9th February 2025
Source: www.pinsentmasons.com
Intentional homelessness and tenancy obtained by deception – Nearly Legal
‘Munemo v City of Wolverhampton Council (2025) EWCC 4. This is quite the section 204 homelessness appeal of Wolverhampton’s review decision confirming the decision that Ms M was intentionally homeless.’
Nearly Legal, 9th February 2025
Source: nearlylegal.co.uk
EECTA: UK corporate governance changes in force and on the horizon – OUT-LAW.com
‘Initial elements of the Economic Crime and Corporate Transparency Act (ECCTA) were implemented last year with businesses urged to increase their understanding of the Act ahead of further obligations expected to come into force from this spring.’
OUT-LAW.com, 7th February 2025
Source: www.pinsentmasons.com
Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com
‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’
OUT-LAW.com, 7th February 2025
Source: www.pinsentmasons.com
Contempt proceedings, the Aarhus Convention and costs – Local Government Lawyer
‘Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.’
Local Government Lawyer, 7th February 2025
Source: www.localgovernmentlawyer.co.uk
Work-related stress: a key issue for employers – Local Government Lawyer
‘Debra Gers looks at the support employers can provide in relation to work-related stress.’
Local Government Lawyer, 7th February 2025
Source: www.localgovernmentlawyer.co.uk
Setting care home fees – Local Government Lawyer
‘The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.’
Local Government Lawyer, 7th February 2025
Source: www.localgovernmentlawyer.co.uk
Former scout leader who assaulted 19 boys jailed – Crown Prosecution Service
‘A former scout leader who assaulted children as young as seven over almost three decades has been jailed.’
Crown Prosecution Service, 7th February 2025
Source: www.cps.gov.uk
