Category: chambers articles

EXTRADITION: An Introduction – 5SAH

Posted November 1st, 2024 in chambers articles, disclosure, extradition, freedom of expression, human rights, international law, news, Russia, spying, Supreme Court, Ukraine, war by tracey

‘Extradition is a tool that allows countries to stretch law enforcement beyond its borders. It can be used to promote international co-operation and positive relations between states, but it can also give rise to power struggles and be used as an instrument for political gains. As such, extradition occupies a unique space, creating a tension between upholding human rights, resisting political interference and upholding international treaty obligations. In this extradition article, the team at 5SAH looks back at the key moments in extradition law from the last 12 months and looks forward to what might be on the horizon.’

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5SAH , 21st October 2024

Source: www.5sah.co.uk

Preventing sexual harassment in the workplace – how to prepare for the party season – Kingsley Napley Employment Law Blog

Posted October 31st, 2024 in chambers articles, duty of care, employment, equality, harassment, news, professional conduct by sally

‘It seems somewhat apt, then, that the mandatory duty on employers to take reasonable steps to prevent sexual harassment in the workplace has come into force (the Preventative Duty)—just in time for this year’s Christmas parties. Employers have long been subject to a legal duty to provide a safe and supportive working environment for all staff but this new duty takes things further.’

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Kingsley Napley Employment Law Blog, 30th October 2024

Source: www.kingsleynapley.co.uk

Extra time – Kingsley Napley Employment Law Blog

Posted October 24th, 2024 in appeals, chambers articles, employment, news, Supreme Court, taxation by sally

‘Waqar Shah and Andy Norris analyse the latest decision of the Supreme Court in the case of Professional Game Match Officials Ltd, which has been referred back to the First-tier Tribunal.’

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Kingsley Napley Employment Law Blog, 22nd October 2024

Source: www.kingsleynapley.co.uk

EXTRADITION: An Introduction – 5SAH

Posted October 22nd, 2024 in chambers articles, disclosure, extradition, freedom of expression, health, human rights, international law, news, prisons, Russia, Supreme Court, Ukraine by tracey

‘5SAH Chambers provides an overview of Extradition & International Law for Chambers & Partners.’

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5SAH, 21st October 2024

Source: www.5sah.co.uk

Form FM5 and MIAM’s – Becket Chambers

Posted October 18th, 2024 in chambers articles, children, costs, dispute resolution, families, financial dispute resolution, financial provision, news by sally

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

Posted October 18th, 2024 in appeals, chambers articles, children, coercive & controlling behaviour, domestic violence, families, news, practice directions by sally

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

Posted October 17th, 2024 in chambers articles, Court of Protection, deprivation of liberty safeguards, human rights, Law Commission, mental health, news, Scotland by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Practice and Procedure Report – October 2024 – 39 Essex Chambers

Posted October 16th, 2024 in chambers articles, children, deprivation of liberty safeguards, disabled persons, Law Commission, mental health, news, Scotland by tracey

‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Mental Health Matters Report – October 2024 – 39 Essex Chambers

Posted October 16th, 2024 in chambers articles, children, deprivation of liberty safeguards, disabled persons, Law Commission, mental health, news, Scotland by tracey

‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com

Property and Affairs Report – October 2024 – 39 Essex Chambers

Posted October 16th, 2024 in chambers articles, children, deprivation of liberty safeguards, disabled persons, Law Commission, mental health, news, Scotland by tracey

‘In the Property and Affairs Report: gifts, attorneys and deputies.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group

Posted October 16th, 2024 in appeals, chambers articles, costs, freezing injunctions, injunctions, loans, news by tracey

‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’

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The 36 Group, 9th October 2024

Source: 36group.co.uk

Bankrupt challenging pre-bankruptcy judgment of ordinary civil court – 33 Bedford Row

Posted October 16th, 2024 in appeals, bankruptcy, chambers articles, insolvency, news, trustees in bankruptcy by tracey

‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’

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33 Bedford Row, 1st October 2024

Source: www.33bedfordrow.co.uk

The High Court in “XING ZHI HAI” assesses the undisclosed principal doctrine in the context of letters of indemnity – 33 Bedford Row

Posted October 16th, 2024 in chambers articles, indemnities, jurisdiction, news, shipping law by tracey

‘Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm). The judgment of Christopher Hancock KC, handed down on 18 September 2024, concerns three letters of indemnity (“LOIs”) provided in the absence of bills of lading, whose alleged lawful holders subsequently made mis-delivery claims against Owners.’

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33 Bedford Row, 10th October 2024

Source: www.33bedfordrow.co.uk

Booking referees: Supreme Court rules on employment status of part-time football officials – Employment & Discrimination Blog, 12 King’s Bench Walk

Posted October 16th, 2024 in appeals, chambers articles, employment, news, sport, Supreme Court by tracey

‘The case concerned the employment status of part-time football referees who officiated professional football matches in the English Football League.’

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Employment & Discrimination Blog, 12 King's Bench Walk, 12th October 2024

Source: 12kbwemploymentlaw.wordpress.com

Wormleighton: Product liability litigation against Cape – Asbestos Law Blog, 12 King’s Bench Walk

Posted October 16th, 2024 in asbestos, cancer, chambers articles, compensation, damages, news by tracey

‘Just before the summer break Mrs Justice Hill handed down judgment in an application where four claimants (two living mesothelioma and two fatal mesothelioma claims) sought an order that their claims be consolidated and tried on liability together. This was sought, and granted pursuant to CPR 3.1(2)(g).’

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Asbestos Law Blog, 17th September 2024

Source: asbestoslawblog.uk

Judgment in FT application for non-party access to documents – 5RB

Posted October 16th, 2024 in affidavits, chambers articles, company directors, documents, government departments, media, news, public interest by tracey

‘On 28 June 2024, ICC Judge Mullen, sitting in the Chancery Division, gave an ex tempore judgment, partially granting the Financial Times’ application for pre-hearing access to an affidavit which the Secretary of State had lodged in support of its directors disqualification claim against the financier Lex Greensill.’

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5RB, 10th October 2024

Source: www.5rb.com

Ramya Nagesh examines the new duty of candour in policing and its impact on inquest proceedings – 4-5 Gray’s Inn Square

Posted October 16th, 2024 in chambers articles, duty of candour, hospitals, inquests, news, police by tracey

‘The “duty of candour” might be otherwise described as a duty to be transparent, open and honest. We have had a similar duty in respect of medical professionals since 2014. In the medical sphere, when there is a “notifiable safety incident” (in broad terms – when things go wrong which possibly should not have) medical professionals are under a duty to explain what they know and issue an apology as soon as reasonably practicable to the patient and/or their family, notwithstanding that an investigation might be ongoing.’

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4-5 Gray’s Inn Square, 7th October 2024

Source: www.4-5.co.uk

A rose by any other name: ‘a good arguable case’ in Isabel dos Santos v Unitel – 4 New Square

Posted October 16th, 2024 in appeals, chambers articles, freezing injunctions, injunctions, news by tracey

‘In this article, 4 New Square Chambers’ Seohyung Kim analyses a recent Court of Appeal judgment that restates and clarifies the law regarding freezing injunctions.’

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4 New Square, 2nd October 2024

Source: www.4newsquare.com