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

‘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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12 KBW, 20th January 2025

Source: 12kbw.co.uk

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 16th, 2025 in causation, chambers articles, coroners, inquests, news by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

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St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk

Rescission of a Bankruptcy Order (Collatory Case) – 33 Bedford Row

Posted January 15th, 2025 in bankruptcy, chambers articles, insolvency, jurisdiction, news by tracey

‘Section 375(1) of the Insolvency Act 1980 provides: “Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of that jurisdiction.” Parliament’s decision to enact s.375(1), and the jurisdiction it creates, is inconsistent with the normal approach to the finality of litigation.’

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33 Bedford Row, 14th January 2025

Source: www.33bedfordrow.co.uk

How Are Health And Safety Offences Prosecuted In England And Wales? – 4-5 Gray’s Inn Square

Posted January 15th, 2025 in chambers articles, health & safety, local government, news, prosecutions by tracey

‘Tanveer Qureshi has written an informative article on health and safety offences prosecuted in England and Wales.’

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4-5 Gray’s Inn Square, 9th January 2025

Source: www.4-5.co.uk

Take notice of these decisions – Gatehouse Chambers

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Summary judgment – entire agreement and estoppel arguments in shareholder dispute – Littleton Chambers

Posted January 10th, 2025 in chambers articles, estoppel, law firms, news, shareholders, solicitors by sally

‘The High Court yesterday handed down judgment in JMW Solicitors LLP & Others v Injury Lawyers 4U & Others [2024] EWHC 3103 (Ch), a reverse summary judgment application on a shareholder dispute.’

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Littleton Chambers, 5th December 2024

Source: littletonchambers.com

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 10th, 2025 in causation, chambers articles, coroners, inquests, media, news, suicide by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

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St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk

Section 84(1) of the Law of Property Act 1925: Jurisdiction and Discretion: Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust – Tanfield Chambers

Posted January 9th, 2025 in building law, chambers articles, jurisdiction, news, tribunals by sally

‘Edward Denehan, a barrister at Tanfield Chambers, discusses the Supreme Court’s ruling in Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust, which clarified the distinction between jurisdictional and discretionary power within the Tribunal’s decision-making process under section 84 of the Law of Property Act 1925.’

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Tanfield Chambers, 2nd December 2024

Source: tanfieldchambers.co.uk

No Ifs, No Butts: Evaluating Evidence for Unconditional Loans Versus Investments in Butt v Butt & Ors [2024] EWHC 3222 (Ch) – Tanfield Chambers

Posted January 9th, 2025 in chambers articles, families, loans, news, shareholders, trusts by sally

‘After 5 days of evidence and submissions, the Court has handed down judgment in the case of Butt v Butt & Ors [2024] EWHC 3222 (Ch). The case concerned a business centre in Nottingham (the “Centre”) and the beneficial ownership of M&B Properties (Nottingham) Ltd, an SPV which had purchased the Centre.’

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Tanfield Chambers, 13th December 2024

Source: tanfieldchambers.co.uk

Supreme Court case update: the Vendor-Purchaser Constructive Trust and Frenkel v LA Micro Group (UK) Ltd – St John’s Chambers

Posted January 9th, 2025 in chambers articles, constructive trusts, news, Supreme Court by sally

‘Jack Pankhurst of our Commercial team provides a case summary of the Supreme Court judgment in Frenkel v LA Micro Group (UK) Ltd and others [2024] UKSC 42, which was handed down on 11 December 2024.’

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St John's Chambers, 18th December 2024

Source: www.stjohnschambers.co.uk

Crime Doesn’t Pay – St Ives Chambers

‘Not that anyone should need reminding, but the King’s Bench Division of the High Court in the case of DPP v Bijou [2024] EWHC 2997 has recently made clear that there is life yet in the age-old idiom of ‘crime doesn’t pay’.’

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St Ives Chambers, 17th December 2025

Source: stiveschambers.co.uk

Financial Remedies – Consent Orders – 33 Bedford Row

‘Financial Remedies – obtaining approval of a consent order”

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33 Bedford Row, 18th December 2024

Source: www.33bedfordrow.co.uk

Anonymity orders: the view from the coalface following PMC v A Local Health Board [2024] EWHC 2969 (KB) – 12 KBW

‘In this blog post, Finn Selman, pupil barrister at 12KBW, analyses the judgment in PMC v A Local Health Board [2024] EWHC 2969 (KB) and discusses how anonymity orders are approached in practice, in the experience of various members of chambers. It is recommended reading for those representing protected parties or those seeking anonymity orders.’

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12 KBW, 2nd January 2025

Source: 12kbw.co.uk

Resources Professional Liability and Coverage Update: what happened in 2024 and what’s in store in 2025? – 4 New Square

‘Professional Liability and Coverage Update: what happened in 2024 and what’s in store in 2025?’

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4 New Square, 6th January 2025

Source: www.4newsquare.com

Immigration Newsletter (December 24) – 4KBW

Posted January 7th, 2025 in chambers articles, litigation friends, news by tracey

‘Immigration Newsletter (December 24).’

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4KBW, 19th December 2024

Source: www.4kbw.co.uk

How to assess quantum for Injury to Feelings – 3 Paper Buildings

Posted January 7th, 2025 in chambers articles, compensation, damages, news, sex discrimination by tracey

‘Emma Greening reviews the case of Shakil v Samons Limited [2024] EAT 192, in which HHJ Tayler provides a useful recitation of how to approach quantum in an injury to feelings award.’

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3 Paper Buildings, 19th December 2024

Source: www.3pb.co.uk

Taxation of financial loss from discrimination – 3 Paper Buildings

Posted January 7th, 2025 in chambers articles, compensation, economic loss, employment, income tax, news by tracey

‘Alex Leonhardt reviews the case of L v The Commissioners for His Majesty’s Revenue and Customs [2024] UKFTT 001044 (TC), in which the FTT considers the question of taxation of a settlement of financial losses from discrimination, and in particular when it is said that the losses flow from being prevented from taking on work.’

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3 Paper Buildings, 19th December 2024

Source: www.3pb.co.uk

Chair of the MPTS’ consultation on decision making and sanction banding: A sensible proposal – 2 Hare Court

Posted January 7th, 2025 in chambers articles, consultations, doctors, news, sanctions by tracey

‘HHJ Deborah Taylor was a familiar face in the criminal courts where in recent years she has presided over some of the most complex frauds as Resident Judge at Southwark Crown Court and Recorder of Westminster. She also sat in the Court of Appeal (Criminal Division). Now in her capacity as the Chair of the MPTS she is bringing that expertise in the criminal justice system to bear on the way doctors are sanctioned.’

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2 Hare Court, 18th December 2024

Source: www.2harecourt.com

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