‘A charity which helped the victims of the Grenfell Tower fire has been and remains to be institutionally racist, a review has found.The Westway Trust has a “legacy of institutional racism” and has failed to “understand, identify and address radical disparity over the years”, the Tutu Foundation concluded.’
The Independent, 11th December 2020
Source: www.independent.co.uk
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’
Ropewalk Chambers, 30th November 2020
Source: www.ropewalk.co.uk
‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘Two recycling companies and two people linked to them are to be charged over the deaths of five African men who died when a concrete wall fell on them.’
BBC News, 1st December 2020
Source: www.bbc.co.uk
‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’
UKSC Blog, 27th November 2020
Source: ukscblog.com
‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’
Local Government Lawyer, 27th November 2020
Source: www.localgovernmentlawyer.co.uk
‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’
Park Square Barristers, 13th November 2020
Source: www.parksquarebarristers.co.uk
‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’
Littleton Chambers, 11th November 2020
Source: littletonchambers.com
‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’
Legal Futures, 24th November 2020
Source: www.legalfutures.co.uk
‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’
Parklane Plowden Chambers, 11th November 2020
Source: www.parklaneplowden.co.uk
‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’
Legal Futures, 18th November 2020
Source: www.legalfutures.co.uk
‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’
The Guardian, 16th November 2020
Source: www.theguardian.com
‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’
Law Society's Gazette, 9th November 2020
Source: www.lawgazette.co.uk
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’
12 King's Bench Walk, 9th October 2020
Source: www.12kbw.co.uk
‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’
Henderson Chambers, 12th October 2020
Source: www.hendersonchambers.co.uk
‘A woman died after a cow charged at her and flipped her over a fence, an inquest has heard.’
BBC News, 22nd October 2020
Source: www.bbc.co.uk
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