Costs orders following budgeting – two recent cases – 1 QMLR

Posted October 10th, 2024 in budgets, chambers articles, costs, news by sally

‘Two judgments recently handed down by Master Thornett illustrate the risk of adverse costs orders being made at Costs Management Conferences where parties fail to produce reasonable and proportionate costs budgets.’

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1 QMLR, 9th October 2024

Source: 1corqmlr.com

Dark patterns – Mills & Reeve

‘The ASA has banned Nike and Sky adverts, on the basis they use so called “dark patterns”. Dark patterns are a range of techniques which cross the line from legitimate advertising techniques to ones which unlawfully nudge consumers into making choices not in their best interests. These decisions come as the ASA joins the CMA in undertaking wider proactive investigations into online choice architecture that amount to unlawful dark patterns.’

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Mills & Reeve, 27th September 2024

Source: www.mills-reeve.com

Remedies – Negative Declarations – Declaration of Non-Liability – 33 Bedford Row

Posted September 25th, 2024 in chambers articles, declaratory judgment, news by tracey

‘Where one person (natural or legal) asserts that another person (natural or legal) is liable to pay them money, typically it will be the asserting party (the person who says they are owed money) who issues the formal claim (commences formal proceedings) in Court, seeking: (a) a judicial determination on the claim (i.e. a judgment in their favour), and (b) an order against the other party (the allegedly liable party). But there may be rare occasions where the roles are reversed, and it is the allegedly liable party that wishes to obtain a judicial determination – exonerating themselves[0] – to obtain a judgment that they are not liable to the other party (the asserting party).’

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33 Bedford Row, 4th September 2024

Source: www.33bedfordrow.co.uk

Modern Slavery Offences: Factors for Practitioners to consider – 25 Bedford Row

Posted September 25th, 2024 in chambers articles, forced labour, news, sentencing, trafficking in human beings by tracey

‘Practitioners will be familiar with defending in modern slavery cases where the s45 defence is advanced. This brings with it procedural, evidential and disclosure challenges from the timing of NRM referrals and receipt of conclusive grounds, to admissibility of various expert reports and potential third-party disclosure such as social services records.’

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25 Bedford Row, 5th September 2024

Source: www.25bedfordrow.com

The cost of success for women’s football; are women footballers paying the price for popularity? – 12 King’s Bench Walk

Posted September 25th, 2024 in chambers articles, duty of care, employment, negligence, news, sport, women by tracey

‘In recent years, women’s football has experienced an unprecedented surge in popularity and commercialisation. This growth has been beneficial in many respects, but brings to the forefront significant concerns regarding player welfare, particularly the prevalence of injuries such as anterior cruciate ligament (ACL) injuries. These issues have potentially significant legal and regulatory implications.’

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12 King's Bench Walk, 19th September 2024

Source: 12kbw.co.uk

What’s new in lawyers’ liability in autumn 2024? – 4 New Square

Posted September 25th, 2024 in barristers, chambers articles, costs, negligence, news, solicitors by tracey

‘Returning from the summer break is a good time to take stock of recent developments in professional liability case law. Helen Evans KC identifies some of the core themes emerging from the recent authorities on lawyers’ negligence, as well as some eye-catching costs decisions involving both solicitors and barristers.’

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4 New Square, 20th September 2024

Source: www.4newsquare.com

Alice de Coverley speaks to The Work Couch on neurodiversity at work – 3 Paper Buildings

Posted September 25th, 2024 in barristers, chambers articles, disabled persons, employment, news, podcasts by tracey

‘3PB Barristers’ (3 Paper Buildings) specialist education, equality and public law barrister Alice de Coverley has spoken to RPC Legal’s The Work Couch podcast as part of their neurodiversity mini-series ahead of ADHD awareness month in October.’

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3 Paper Buildings, 24th September 2024

Source: www.3pb.co.uk

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by tracey

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com

Public Inquiries | Enhancing Public Trust: Key recommendations from the House of Lords Statutory Inquiries Committee report – 2 Hare Court

Posted September 25th, 2024 in chambers articles, inquiries, news, select committees by tracey

‘On Monday, the House of Lords Statutory Inquiries Committee published its report on recommended reforms to the work of statutory inquiries. The report is published in the context of 18 public inquires taking place in the UK this year alone, and recent significant developments in the Grenfell Tower, Infected Blood, Post Office and Covid-19 Inquiries. Some of the report’s recommendations extend beyond statutory inquiries, to include major inquests.’

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2 Hare Court, 19th September 2024

Source: www.2harecourt.com

HMP Brixton: Inspection finds catalogue of failings at one of UK’s most overcrowded jails – The Independent

‘A damning inspection has highlighted a catalogue of failings at one of the UK’s most overcrowded jails – underscoring how the crisis behind bars “extends far beyond the prison walls and into our communities”.’

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The Independent, 24th September 2024

Source: www.independent.co.uk

Key changes to ICAEW Professional Indemnity Insurance requirements – Kingsley Napley Regulatory Blog

Posted September 25th, 2024 in accountants, chambers articles, consultations, insurance, news by sally

‘In December 2023, the ICAEW Regulatory Board, along with the Professional Indemnity Insurance Committee (PIIC), began reviewing ICAEW’s insurance requirements. A consultation on the proposed changes was held from 18 October to 14 December 2023. After reviewing the feedback, the ICAEW has confirmed changes to the Professional Indemnity Insurance (PII) regime to take effect on 1 September 2024. This blog will explore the PII requirements, a summary of key changes and their purpose and impact.’

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Kingsley Napley Regulatory Blog, 23rd September 2024

Source: www.kingsleynapley.co.uk

Forging documents in litigation constituted an unlawful means conspiracy (Takhar v Gracefield Developments Ltd and others) – Gatehouse Chambers

‘Dispute Resolution analysis: Having set aside an earlier judgment on the basis that the claim had been defeated by a forged document, the Claimant was able to use that same forgery to found a successful new claim for unlawful means conspiracy.’

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Gatehouse Chambers, 21st August 2024

Source: gatehouselaw.co.uk

Secretary of State for Justice agrees to release dying prisoner on compassionate grounds following legal challenge – No. 5 Barristers Chambers

Posted September 19th, 2024 in chambers articles, early release, health, judicial review, news, prisons, probation by sally

‘On Friday 16 August 2024, following the urgent judicial review proceedings and interim relief application brought by the Prisoners’ Advice Service, instructing Philip Rule KC and Mirren Gidda of No5 Barristers’ Chambers, the Secretary of State for Justice agreed to grant early release on compassionate grounds (‘ERCG’) to a prisoner dying of stage 4 cancer and whose prognosis is just 6 weeks or so expected left to live.’

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No. 5 Barristers Chambers, 20th August 2024

Source: www.no5.com

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

2 Hare Court Professional Discipline Newsletter – 2 Hare Court

Posted September 17th, 2024 in chambers articles, disciplinary procedures, news, professional conduct by tracey

‘Welcome to the latest edition of the Professional Discipline Newsletter.’

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2 Hare Court, 10th September 2024

Source: www.2harecourt.com

Island hopping in a sea of evidence: Roach v General Medical Council [2024] EWHC 1114 (Admin) – 2 Hare Court

Posted September 11th, 2024 in appeals, chambers articles, news, tribunals by tracey

‘In Roach v General Medical Council [2024] EWHC 1114 (Admin), Ritchie J provided a comprehensive overview of the proper approach to appeals founded on a challenge to findings of fact made at Stage 1 by a professional tribunal.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Property and Affairs Report – September 2024 – 39 Essex Chambers

‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’

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39 Essex Chambers, 1st September 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts.’

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39 Essex Chambers , 1st September 2024

Source: www.39essex.com

Financial Remedies – Applicable legal principles under MCA 1973 – 33 Bedford Row

Posted September 11th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by tracey

‘Financial Remedies – Applicable legal principles under MCA 1973.’

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33 Bedford Row, 10th September 2024

Source: www.33bedfordrow.co.uk

Dr. Arun Kasi and Amrit K. Dhanoa’s on Shipping, Monthly, Issue 6 | August 2024 – 4-5 Gray’s Inn Square

Posted September 11th, 2024 in chambers articles, news, shipping law by tracey

‘Dr. Arun Kasi and Amrit K. Dhanoa’s on Shipping, Monthly, Issue 6 | August 2024,’

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4-5 Gray’s Inn Square, 5th September 2024

Source: www.4-5.co.uk