Category: chambers articles

Mandatory Alternative Dispute Resolution (ADR) – Becket Chambers

Posted February 21st, 2025 in appeals, chambers articles, civil procedure rules, dispute resolution, news by Lily

‘Pursuant to the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416[1], the Civil Procedure Rules (“CPR”) have been amended from 1st October 2024. As a result, the courts can now order parties in civil proceedings to engage in alternative dispute resolution (“ADR”), where it does not impair the very essence of the parties’ right to a fair trial, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’

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Becket Chambers, 19th February 2025

Source: becket-chambers.co.uk

Landmark reform: no time limit for Child Sexual Abuse claims – Kingsley Napley Medical Negligence and Personal Injury Blog

Posted February 21st, 2025 in burden of proof, chambers articles, child abuse, children, consultations, criminal justice, limitations, Ministry of Justice, news, sexual offences, time limits by Lily

‘Earlier this month, the Government announced landmark reform to child sexual abuse personal injury claims. In legislation expected to be put before parliament next year, the 3-year time limit to bring such claims, which begins to run from a Claimant’s 18th birthday, will be abolished. The burden of proof on determining whether there can be a fair hearing will also shift, from the Claimant to the Defendant.’

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Kingsley Napley Medical Negligence and Personal Injury Blog, 20th February 2025

Source: www.kingsleynapley.co.uk

Third party paying off Bankruptcy Petition Debt – 33 Bedford Row

Posted February 18th, 2025 in bankruptcy, chambers articles, debts, insolvency, news, third parties by tracey

‘In England and Wales, where a bankruptcy petition (the “Petition”) has been presented against a debtor/defendant, one potential option the debtor/defendant (“Debtor”) may seem to have available, in order to avoid a bankruptcy order, is to ask family, friend(s) or a colleague(s) etc. (a “Third Party”), to pay off the Petition debt for the Debtor. If the Debtor is fortunate enough to have a Third Party willing to do this:

(a) will this amount to the Petition debt being properly satisfied, such that the Petition must be dismissed?

(b) should the Third Party payment be made direct to the Petitioner (i.e. not to the Debtor for the Debtor to then forward it on to the Petitioner)?

(c) must the Third Party make a gift of the money, or can the payment be part of a loan arrangement with the Debtor?’

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33 Bedford Row, 16th February 2025

Source: www.33bedfordrow.co.uk

Norman Hay Plc (in Member’s Voluntary Liquidation) v Marsh Ltd – 4 New Square

Posted February 18th, 2025 in appeals, causation, chambers articles, insolvency, negligence, news by tracey

‘In this case analysis, Nicholas Broomfield and Diarmuid Laffan discuss Norman Hay Plc v Marsh Ltd, examining its treatment of causation principles in brokers’ negligence claims and its clarification of the limited circumstances in which Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) applies.’

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4 New Square, 11th February 2025

Source: www.4newsquare.com

Prosecution for Possession of a Bladed Article Stayed as Abuse of Process – Drystone Chambers

Posted February 14th, 2025 in abuse of process, chambers articles, criminal justice, news, offensive weapons, police, stay of proceedings, stop and search by Lily

‘The defendant, an 18-year-old with no previous convictions or contact with the police, was charged after being stopped and searched at Notting Hill Carnival in August 2023, where he was found in possession of a lock knife. The defendant, who was preparing to begin university in September 2023, was remorseful and had admitted to carrying the knife following discussions about receiving a caution as a form of out of court disposal.’

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Drystone Chambers, 13th February 2025

Source: www.drystone.com

Non disclosure and adverse inferences – Becket Chambers

Posted February 14th, 2025 in chambers articles, disclosure, divorce, families, financial dispute resolution, financial provision, news by Lily

‘A common complaint of parties to financial remedy proceedings is they are often dissatisfied with the level of disclosure provided by their former spouse. In practical terms, what can a Court realistically do? Much depends on the nature of any non-disclosure. Sadly, it is fairly common for spouses to try to hide assets or evade disclosing them. Whilst it happens all too frequently, it does not mean we should turn a blind eye to it and just accept it is happening. This article provides some practical tips to maximise the power of the adverse inference.’

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Becket Chambers, 10th February 2025

Source: becket-chambers.co.uk

The limits of discretion in case management decisions – Quarterly Medical Law Review

Posted February 11th, 2025 in case management, chambers articles, delay, expert witnesses, medical treatment, negligence, news by tracey

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Property and Affairs Report – February 2025 – 39 Essex Chambers

Posted February 10th, 2025 in chambers articles, Court of Protection, deputyship, jurisdiction, news, powers of attorney by tracey

‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Mental Health Matters Report – February 2025 – 39 Essex Chambers

Posted February 10th, 2025 in bills, chambers articles, mental health, news by tracey

‘In the Mental Health Matters Report: the Mental Health Bill progresses and two important Upper Tribunal cases.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Children’s Capacity Report – February 2025 – 39 Essex Chambers

Posted February 10th, 2025 in care orders, chambers articles, children, consent, deprivation of liberty safeguards, medical treatment, news by tracey

‘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.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Police liability, failures to warn, and difficulties with the ‘interference principle’ – 12 King’s Bench Walk

Posted February 10th, 2025 in chambers articles, domestic violence, duty of care, news, police, third parties by tracey

‘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.’

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12 King's Bench Walk, 5th February 2025

Source: 12kbw.co.uk

Solicitors’ Duties: Five Key Principles – 4 New Square

Posted February 10th, 2025 in chambers articles, negligence, news, solicitors by tracey

‘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).’

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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

Posted February 10th, 2025 in chambers articles, class actions, consumer protection, data protection, electronic commerce, internet, news, unfair commercial practices by tracey

‘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?”’

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3 Paper Buildings, 29th January 2025

Source: www.3pb.co.uk

Polish up your pleadings! – 3 Hare Court

Posted February 10th, 2025 in accidents, chambers articles, EC law, foreign jurisdictions, insurance, news, pleadings, road traffic by tracey

‘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.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

Sick of costs? – 3 Hare Court

Posted February 10th, 2025 in chambers articles, costs, food, food hygiene, holidays, news, personal injuries by tracey

‘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.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

In your own words – 3 Hare Court

Posted February 10th, 2025 in accidents, chambers articles, civil procedure rules, evidence, interpreters, news, personal injuries, practice directions, witnesses by tracey

‘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.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

The test for getting an imaging order – Blackstone Chambers

Posted February 7th, 2025 in chambers articles, company directors, computer programs, disclosure, insolvency, news by Lily

‘In TBD (which was covered in the article by Niran de Silva KC and Sam Neaman in the April 2024 edition of ELA Briefing), the Court of Appeal approved the use of imaging orders (an order that requires a defendant to permit a forensic computer expert to make a complete copy of their electronic devices) as a less intrusive alternative to a search order (an order that requires a defendant to allow the claimant’s representatives to enter their premises and search for, copy and remove documents). Since then, there has been some debate over the relevant threshold for granting an imaging order, with a degree of inconsistency appearing in the authorities. In the recently published judgment of Nix, HH Judge Pelling KC expressed support for the view that the grounds for granting an imaging order are slightly less stringent than for granting a search order. He also identified the factors that are likely to be most relevant to obtaining an imaging order where the complaint is of unacceptable conduct in relation to disclosure and/or the preservation of documents.’

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Blackstone Chambers, 7th February 2025

Source: www.employeecompetition.com

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

Posted January 31st, 2025 in case management, chambers articles, evidence, hospitals, housing, landlord & tenant, negligence, news, repairs by Lily

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

The McDonald’s Model: What happens next following a McFlurry of harassment complaints? – Doughty Street Chambers

Posted January 31st, 2025 in chambers articles, complaints, employment, employment tribunals, equality, Equality and Human Rights Commission, harassment, news, sex discrimination by Lily

‘In 2019, the Bakers, Food and Allied Workers Union said it had received around 1,000 complaints from workers across UK branches of McDonald’s [1], although it was not clear whether these complaints were made against multiple franchisees or McDonald’s as the franchisor. The complaints were said to encompass a range of discriminatory behaviours, including sexual harassment.’

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Doughty Street Chambers, 29th January 2025

Source: insights.doughtystreet.co.uk

New Sentencing Guideline for Strangulation and Suffocation – Devon Chambers

Posted January 31st, 2025 in chambers articles, domestic violence, news, sentencing by Lily

‘Gemma McKernan provides an update on the new sentencing guideline for strangulation and suffocation.’

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Devon Chambers, 9th January 2025

Source: devonchambers.co.uk