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

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

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers

‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’

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Gatehouse Chambers, 26th November 2024

Source: gatehouselaw.co.uk

Did you miss? Lowry Trading Ltd v Musicalize Ltd [2024] EWHC 2653 (KB), 28 October 2024 – Gatehouse Chambers

Posted December 13th, 2024 in chambers articles, charging orders, news by sally

‘The claimants had obtained judgment against the defendants and an interim charging order had been made against the defendants’ interest in a freehold house. The claimants sought an order that the charging order be made final. The interest charged arose under a contract of sale dated 9 January 2019 pursuant to which the defendants had contracted to purchase the property and occupied it pursuant to an AST pending completion. The sale had never completed. The freeholder/vendor (being the third-party in the proceedings) had served a notice to complete back in 2019. It was not complied with but the vendor did not rescind the contract. The defendants remained in possession paying rent under the AST. A deed of variation extending the date for completing was discussed but never finalised. In July 2024, after the interim charging order was made, the vendor wrote to the defendants purporting to rescind the contract.’

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Gatehouse Chambers, 20th December 2024

Source: gatehouselaw.co.uk

Palmer v Sans: Chancery Division [2024] EWHC 2685 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in bankruptcy, chambers articles, insolvency, mortgages, news, trustees in bankruptcy by sally

‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’

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Gatehouse Chambers, 20th November 2024

Source: gatehouselaw.co.uk

Roof Terraces and Higher Risk Buildings – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, news by sally

‘This post considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.’

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Falcon Chambers, 12th November 2024

Source: www.falcon-chambers.com

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk