Category: chambers articles

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 sally

‘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 sally

‘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

The Employment Relations Act 1999 (Blacklists) Regulations 2010: Ryanair DAC v Benjamin Morais & Ors – Devereux Chambers

Posted January 31st, 2025 in airlines, appeals, chambers articles, employment, industrial action, news, trade unions, unfair dismissal by sally

‘Analysis from Stuart Brittenden KC and Bruce Carr KC.’

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Devereux Chambers, 17th January 2025

Source: www.devereuxchambers.co.uk

When Children Act orders can be made for older children – Becket Chambers

Posted January 31st, 2025 in chambers articles, children, families, learning difficulties, news by sally

‘Looking at the case of Re T (a child) (s 9(6) Children Act 1989 orders: exceptional circumstances: parental alienation) [2024] EWHC 59 (Fam). It is generally accepted that orders are not made for older children aged 16, (or even from the age of 14 in many cases). So when will the court make an order for a child aged 16? A section 8 order cannot extend beyond the age of 16 (apart from “live with” orders) and new section 8 orders cannot be made in respect of a 16-year-old, save for in “exceptional circumstances”.’

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Becket Chambers, 16th January 2025

Source: becket-chambers.co.uk

Planning, Environment and Property Newsletter – Winter 2025 Edition – 39 Essex Chambers

Posted January 30th, 2025 in chambers articles, environmental protection, local government, news, planning by sally

‘Welcome to our January 2025 edition of the Planning Environment & Property Newsletter. A very Happy New Year to you all. The end of 2024 saw a significant array of development in the realms of planning policy, legislation and consultations and there is a lot more to come!’

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39 Essex Chambers, 23rd January 2025

Source: www.39essex.com

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) – 12KBW

Posted January 30th, 2025 in causation, chambers articles, evidence, medical records, medical treatment, negligence, news, witnesses by sally

‘Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records.’

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12KBW 29th January 2025

Source: clinicalnegligence.blog

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12KBW

Posted January 30th, 2025 in chambers articles, expert witnesses, fundamental dishonesty, news, witnesses by sally

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

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12KBW, 20th January 2025

Source: pilawblog.com

Contract terms, certainty and reasonable endeavours clauses – 4 New Square

Posted January 30th, 2025 in chambers articles, contracts, dispute resolution, enforcement, news, time limits by sally

‘Melody Hadfield considers the High Court’s decision in Salem v Salem and the enforceability of “reasonable endeavours” clauses.’

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27th January 2025

Source: www.4newsquare.com

Barrowfen Properties Limited v Patel – 4 New Square

Posted January 30th, 2025 in chambers articles, costs, damages, loss of chance, news by sally

‘In this article, Shail Patel KC and John Williams analyse the recent Court of Appeal decision in Barrowfen Properties, with a focus on the court’s findings on loss of a chance. It’s a must-read for any practitioners dealing with loss of a chance claims; and the case gives important guidance on how loss of a chance principles interact with the rules on mitigation, causation, and the quantification of damages.’

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4 New Square, 29th January 2025

Source: www.4newsquare.com

GT Steward Limited v Mr Paul Oliver Taylor – 3PB

Posted January 30th, 2025 in chambers articles, civil procedure rules, costs, news, personal injuries, solicitors by sally

‘GT Steward Limited v Mr Paul Oliver Taylor.’

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27th January 2025

Source: www.3pb.co.uk

Online platforms and the law: can you afford to swipe right for love? – 3PB

Posted January 30th, 2025 in chambers articles, consumer protection, gambling, internet, mental health, news by sally

‘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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3PB, 29th January 2025

Source: www.3pb.co.uk

Representative actions for mis-use of private information: “very difficult to bring” Prismall v Google [2024] EWCA Civ 1516 – Henderson Chambers

Posted January 24th, 2025 in appeals, chambers articles, data protection, medical records, news, privacy, representative actions by sally

‘The Court of Appeal has upheld the striking out a representative action for misuse of private information. The judgment confirms the correct approach to identifying whether all claimants have the necessary ‘same interest’ in order to pursue a representative action. It highlights the risk that stripping back a claim to its lowest common denominator so as to satisfy the ‘same interest’ requirement may result in the pared down claim having no real prospect of success. Indeed, the Court of Appeal concluded that “a representative class claim for misuse of private information is always going to be very difficult to bring”.’

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Henderson Chambers, 23rd December 2025

Source: www.hendersonchambers.co.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 24th, 2025 in appeals, chambers articles, interpretation, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2025

Source: gatehouselaw.co.uk

HO v TL – Business Valuations, Trust Interests & Needs Plus Costs – Becket Chambers

Posted January 24th, 2025 in chambers articles, costs, divorce, families, family courts, financial dispute resolution, news by sally

‘In view of the name of this case HO v TL [2024] 2 FLR 175, and the fact that the family business was a hotel business, I really hope that it will become known as “The Hotel Case”. Anyway, it does deserve to become known, because it is another decision from Peel J of the type referred to by Edward Kenny in his article last month, i.e. a really useful authority that sets out fundamental points, and quite a lot of them in this case. What is more, the costs decision in this case is also reported HO v TL (Costs) [2024] 2 FLR 200 and fits into the same category.’

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Becket Chambers, 18th December 2024

Source: becket-chambers.co.uk

Immigration Blog: A Guide to the First-tier Tribunal (Immigration and Asylum Chamber) Practice Direction 2024 – Garden Court Chambers

Posted January 24th, 2025 in appeals, asylum, chambers articles, immigration, news by sally

‘On 1 November 2024, the First-tier Tribunal (Immigration and Asylum Chamber) (FTT IAC) ushered in a new era with the publication of its latest Practice Direction (PD). This comprehensive document replaces previous iterations and Practice Statement No. 1 of 2022, signifying a considerable shift in the landscape of immigration and asylum appeals.’

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Garden Court Chambers, 19th December 2024

Source: gardencourtchambers.co.uk

R v Jones Case Comment: Running diminished responsibility without an expert – Pump Court Chambers

Posted January 23rd, 2025 in chambers articles, diminished responsibility, expert witnesses, homicide, news by sally

‘Diminished responsibility is one of the partial defences available to those charged with murder. If a defendant is found to have had diminished responsibility during the commission of the offence, they are not acquitted but rather found guilty of voluntary manslaughter by reason of diminished responsibility.’

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Pump Court Chambers, 20th December 2025

Source: www.pumpcourtchambers.com

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

Posted January 23rd, 2025 in asylum, chambers articles, children, disabled persons, housing, judicial review, ministers' powers and duties, news, statutory duty by sally

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Directors duties after the BHS decisions – Gatehouse Chambers

Posted January 23rd, 2025 in chambers articles, company directors, insolvency, news by sally

‘In March 2015, BHS was sold for to Retail Acquisition Limited for the princely sum of just £1. Dominic Chappell (a thrice bankrupt former racing driver with no experience in retail) and his fellow directors took the helm of the struggling group. A little over a year later, in April 2016, BHS collapsed into administration and later insolvent liquidation by which point the net deficiency was a staggering £1.3 billion).’

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Gatehouse Chambers, 18th December 2025

Source: gatehouselaw.co.uk

Pension loss: a very brief introduction – Exchange Chambers

Posted January 23rd, 2025 in chambers articles, compensation, economic loss, news, pensions, personal injuries by sally

‘In the world of personal injury law, we often deal with things that are easy – for example, calculating a simple loss of earnings over a short period of time. We sometimes deal with things which are a bit harder – for example, the approach to loss of earnings where due to an accident the Claimant is now under a disability. However, we sometimes have to bite the bullet and deal with things which are nasty. Pension loss, unfortunately, is one of them.’

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Exchange Chambers, 3rd December 2025

Source: www.exchangechambers.co.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 22nd, 2025 in appeals, chambers articles, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2024

Source: gatehouselaw.co.uk