Practice and Procedure Report – November 2024 – 39 Essex Chambers
‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Category: chambers articles
Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Mental Health Matters Report – November 2024 – 39 Essex Chambers
‘In the Mental Health Matters Report: the Mental Health Bill is introduced.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
When can Contribution Claims run into trouble? – 4 New Square
‘Insolvency and Contribution Claims make uneasy companions in the professional liability sphere. The latest proof is the judgment of Master Brightwell on Monday this week in Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805. Helen Evans KC explains the challenge that emerged in that case – and how variations of it have manifested themselves elsewhere.’
4 New Square, 13th November 2024
Source: www.4newsquare.com
ADP RPO UK Ltd v Haycocks – Blackstone Chambers
‘On 29 October 2024, the Court of Appeal handed down judgment in the case of ADP RPO UK Ltd v Haycocks. The decision addresses the principles governing the fairness of non-statutory redundancy consultations and is the first time that the Court of Appeal had confirmed that the ‘British Coal’ principles apply to an assessment of the fairness of a redundancy procedure.’
Blackstone Chambers, 30th October 2024
Source: www.blackstonechambers.com
Mental capacity and clinical negligence – Recent developments, practical issues and traps for the unwary – Exchange Chambers
‘With the blessing (or occasional curse) of a slightly unusual practice, litigating a mix of neurologically orientated trauma and clinical negligence claims whilst maintaining a complimentary practice in the Court of Protection, I have encountered lots of odd, interesting and unexpected mental capacity issues. Professional experience and reported cases suggest that identifying and successfully managing such issues can present particular challenges for the clinical negligence practitioner. This article is intended to signpost some of those issues, and provide an aid memoir and practical guide for when you next encounter one.’
Exchange Chambers, 9th October 2024
Source: www.exchangechambers.co.uk
Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
Time to comply: failure to prevent fraud is a reality – Kingsley Napley Criminal Law Blog
‘The concept of holding corporate entities accountable for their failure to prevent fraud has been debated for some time. We previously wrote in detail about the process which ultimately led to the introduction into law last autumn of a new corporate criminal offence. Section 199 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) sits alongside the UK’s existing laws on fraud and corruption and is intended to make it easier to hold organisations to account by creating an offence of failing to prevent fraud committed by employees, or other ‘associated persons’, which may benefit the organisation.’
Kingsley Napley Criminal Law Blog, 12th November 2024
Source: www.kingsleynapley.co.uk
Case Law on Covert Recordings – Becket Chambers
‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers
‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’
Becket Chambers, 7th October 2024
Source: becket-chambers.co.uk
FCA v BlueCrest Capital Management – Blackstone Chambers
‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’
Blackstone Chambers, 2nd October 2024
Source: www.blackstonechambers.com
Splitting hairs: A review of the ‘related to’ test under section 26 Equality Act 2010 – Cloisters
‘In Finn v British Bung Manufacturing Company [2023] EAT 165, the EAT upheld an employment tribunal’s decision that calling a male colleague a ‘bald c**nt’ was harassment related to sex. The employer’s counterargument, that baldness is not an exclusively male characteristic, failed.’
Cloisters, 8th October 2024
Source: www.cloisters.com
Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers
‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’
Becket Chambers, 1st October 2024
Source: becket-chambers.co.uk
Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers
‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’
Devereux Chambers, 3rd October 2024
Source: www.devereuxchambers.co.uk
Employment Rights Bill: An Overview – 12 King’s Bench Walk
‘The Employment Rights Bill, introduced to Parliament on 10 October 2024, is said to be the first phase of delivering Labour’s 2Plan to Make Work Pay” and follows the Government’s manifesto commitment to introduce (draft) legislation within the first 100 days of coming to office.’
12 King’s Bench Walk, 4th November 2024
Source: 12kbwemploymentlaw.wordpress.com
AK on Shipping, Monthly, Issue 8 – 4-5 Gray’s Inn Square
‘This month’s issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] UKSC 18 and (ii) Great Lakes Reinsurance (UK) Plc v RAV Bahamas Ltd [2024] UKPC 11.’
4-5 Gray’s Inn Square, 4th November 2024
Source: www.4-5.co.uk
Whistleblowing: Detriment and Dismissal Cases – Local Government Lawyer
‘In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.’
Local Government Lawyer, 1st November 2024
Source: www.localgovernmentlawyer.co.uk
A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – 1QMLR
‘In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr Behar, tried to treat it conservatively with intravenous antibiotics and fluids but the disease continued to progress. Mr Behar therefore carried out a laparoscopic lavage, after which the Claimant’s condition settled for over 24 hours. However, later on the following day, she collapsed with severe abdominal pain and Mr Behar completed a Hartmann’s procedure.’
1QMLR, 28th October 2024
Source: 1corqmlr.com
Legal Services Payment Orders – an underutilised tool? – 33 Bedford Row
‘Legal Services Payment Orders – an underutilised tool?’
33 Bedford Row, 29th October 2024
Source: www.33bedfordrow.co.uk
