chambers articles – Page 12 – Current Awareness

Club Property Problems – Parklane Plowden Chambers

Posted August 22nd, 2024 in chambers articles, clubs, news, trusts, unincorporated associations by sally

‘Unincorporated associations (which include clubs and associations) are extremely varied and range from barristers’ chambers, which are commercial in nature, to party political associations and working mens clubs, which are directed towards improving the lives of their members and the larger community. No specific statute applies to unincorporated associations. The general law of trusts and property does.’

Parklane Plowden Chambers, 29th July 2024

Source: www.parklaneplowden.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Chambers

Posted August 22nd, 2024 in brexit, chambers articles, EC law, news by sally

‘When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer rely upon the various Regulations to establish a cause of action, there was a lot of discussion about what this would mean. Over 10 years later, there has been a surprising lack of authority about any of this. This is now potentially complicated all the more by Brexit.’

Ropewalk Chambers, 10th July 2024

Source: ropewalk.co.uk

End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

Posted August 22nd, 2024 in chambers articles, demonstrations, freedom of expression, Israel, news, repossession, universities by sally

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

St Philips Barristers, 17th July 2024

Source: st-philips.com

What’s the Matter? Insolvency and Arbitration Following Sian Participation – Pump Court Chambers

Posted August 22nd, 2024 in agreements, arbitration, chambers articles, insolvency, news by sally

‘The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds.’

Pump Court Chambers, 2nd July 2024

Source: www.pumpcourtchambers.com

Detriment, what detriment? – Gatehouse Chambers

Posted August 22nd, 2024 in chambers articles, estoppel, news, partnerships, wills by sally

‘The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.’

Gatehouse Chambers, 25th July 2024

Source: gatehouselaw.co.uk

Hotel fire risks: Duties and the law – Kingsley Napley Regulatory Blog

Posted August 21st, 2024 in chambers articles, fire, hotels, news by sally

‘According to Home Office data, in 2023-2024 in England alone, 587 hotels, boarding houses or hostels had primary fires, of these 458 were accidental, two involved accidental fatalities and there were 92 non fatal casualties.’

Kingsley Napley Regulatory Blog, 19th August 2024

Source: www.kingsleynapley.co.uk

Strict duties under the DPA: does the decision in Vainker v Marbank bring us any closer to getting a firm answer on this? – Gatehouse Chambers

Posted August 16th, 2024 in building law, chambers articles, construction industry, contracts, damages, housing, news by sally

‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’

Gatehouse Chambers, 22nd July 2024

Source: gatehouselaw.co.uk

No fixed charge over IP addresses – Mills & Reeve

Posted August 14th, 2024 in chambers articles, company law, insolvency, internet, news by sally

‘Having considered the circumstances relating to, and the security granted over, various IP addresses (the “addresses”), the Court held that the security granted over the addresses, was floating charge, rather than fixed charge, security and ordered accordingly.’

Mills & Reeve, 13th August 2024

Source: www.mills-reeve.com

BHS, a case of misfeasant trading – Mills & Reeve

Posted August 14th, 2024 in chambers articles, company directors, company law, insolvency, misfeasance, news by sally

‘In a lengthy judgment the Court has ordered that former directors of BHS are to pay sums arising in both wrongful trading and in “trading” misfeasance.’

Mills & Reeve, 13th August 2024

Source: www.mills-reeve.com

36 Crime Newsletter, Summer 2024 – The 36 Group

Posted August 13th, 2024 in chambers articles, criminal justice, news by sally

’36 Crime Newsletter, Summer 2024′

The 36 Group , 5th August 2024

Source: 36group.co.uk

Financial Remedies – Short Marriage – 33 Bedford Row

Posted August 13th, 2024 in chambers articles, child support, children, divorce, families, family courts, financial provision, news by sally

‘Financial Remedies – Short Marriage.’

33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

Sports law Bulletin – 23 Essex Street

Posted August 13th, 2024 in chambers articles, news, sport by sally

‘Sports law Bulletin August 2024’

23 Essex Street, 8th August 2024

Source: www.23es.com

Protest v Disorder – Distinctions in Law | John Oliver writes – 5SAH

Posted August 13th, 2024 in appeals, chambers articles, children, demonstrations, news, public order, violent disorder by sally

‘With reference to the disorder sweeping across the country, John Oliver writes about the court’s approach to protests and disorder and where the line between the two sits. John also summarises the court’s approach to sentencing offences committed in the context of widespread disorder. With reference to appeal cases, John explains that public protection, punishment and deterrence will be at the forefront of the sentencing judge’s mind in these cases.’

5SAH, 9th August 2024

Source: www.5sah.co.uk

Opine and No Punishment: Relief from Sanctions and Expert Evidence – 3 Hare Court

Posted August 13th, 2024 in chambers articles, damages, employment, expert witnesses, industrial injuries, news by sally

‘Does a late application for expert evidence in a discipline not addressed by existing directions require relief from sanctions, and with it, the formal application of the Denton test? In this article, Daniel Goldblatt and Katharine Bailey explore the practical implications of the Court of Appeal’s decision in Yesss, with a particular focus on late applications for expert evidence which may jeopardise a trial date.’

3 Hare Court, 8th August 2024

Source: www.3harecourt.com

Alerter by Tim Green KC & Georgina Pein – How to engage A2 ECHR in Healthcare Inquests – Henderson Chambers

Posted August 8th, 2024 in chambers articles, families, human rights, inquests, mental health, news, suicide by sally

‘This article provides practitioners with an overview of the law relating to inquests which engage Article 2 ECHR in the context of deaths arising from shortcomings in healthcare. It is intended to provide a pithy summary on the legal complexities in domestic and European case law and it offers some general advice on how best to engage Article 2 arguments.’

Henderson Chamber, 17th July 2024

Source: www.hendersonchambers.co.uk

Case Analysis: Lakatamia fails in latest unlawful means conspiracy claim (Lakatamia Shipping Company Ltd v Su and others) – Gatehouse Chambers

Posted August 8th, 2024 in chambers articles, contracts, dispute resolution, freezing injunctions, news, unlawful means conspiracy by sally

‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’

Gatehouse Chambers, 26th July 2024

Source: gatehouselaw.co.uk

Dean v Information Commissioner [2024] UKFTT 330 (GRC) – Landmark Chambers

Posted August 8th, 2024 in chambers articles, data protection, disclosure, local government, news, planning, privacy by sally

‘In Dean v Information Commissioner, the First-tier Tribunal (General Regulatory Chamber) considered whether photographs belonging to the planning applicant, which allegedly showed planning notice being displayed, could be disclosed to the public. The judgment is notable, not least for its opening line from The Hitchhiker’s Guide to the Galaxy (more on this in the conclusion), but also for the tribunal’s consideration of the interaction between data protection legislation and the Aarhus Convention in respect of the right to public participation in the planning process. The decision also contains strong criticisms of the Council’s failure to implement planning law adequately.’

Landmark Chambers, 17th July 2024

Source: landmarkchambers.co.uk

Disrepair claims in the County Court – Becket Chambers

Posted August 8th, 2024 in chambers articles, damages, landlord & tenant, leases, news, nuisance, rent, repairs, repossession by sally

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

The need for speed in BSA funding decisions – Falcon Chambers

Posted August 8th, 2024 in building law, chambers articles, contracts, insurance, news, repairs by sally

‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’

Falcon Chambers, 22nd July 2024

Source: www.falcon-chambers.com

Increasing director accountability: The new Audit Reform and Corporate Governance Bill – Kingsley Napley Corporate and Commercial Law Blog

Posted August 7th, 2024 in auditors, bills, chambers articles, company directors, company law, news by sally

‘Last month, King Charles III opened the first session of the new parliament by outlining the Labour government’s priorities. Among these was the much-anticipated draft Audit Reform and Corporate Governance Bill. It has been six years since Sir John Kingman delivered his independent review of the Financial Reporting Council (FRC), and the call for robust audit reform has remained strong.’

Kingsley Napley Corporate and Commercial Law Blog, 5th August 2024

Source: www.kingsleynapley.co.uk

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