Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

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Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

“Should Cannabis Use be Legalised” An Article by Yasin Patel & Amy Hazlewood – Church Court Chambers

Posted January 30th, 2020 in chambers articles, drug abuse, medicines, news by sally

‘Cannabis, good drug or bad? The topic of debate internationally for decades by governments, medical professionals, recreational users and more. A renewed debate about the laws prohibiting or permitting cannabis use and supply around the world has been fuelled by the legalisation of supply and use of cannabis for ‘recreational’ purposes. Yasin Patel and Amy Hazlewood consider amongst other things, the use of cannabis, the legal history, advantages and disadvantages of legalising it.’

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Church Court Chambers, January 2020

Source: churchcourtchambers.co.uk

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

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Drystone Chambers, January 2020

Source: drystone.com

Airspace, subsoil and rights of first refusal – Hardwicke Chambers

Posted January 30th, 2020 in chambers articles, landlord & tenant, leases, news by sally

‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’

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Hardwicke Chambers, 23rd January 2020

Source: hardwicke.co.uk

High Court critical of approach to evidence in Post Office litigation – Henderson Chambers

Posted January 30th, 2020 in chambers articles, computer programs, expert witnesses, news, postal service by sally

‘In the final judgment of this long-running group litigation, the court found numerous issues with the Post Office’s Horizon IT system and ruled in favour of the subpostmasters and subpostmistresses. The overarching point that emerges is the importance of advancing a realistic case, supported by properly considered and careful expert and factual witness evidence.’

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Henderson Chambers, 22nd January 2020

Source: www.hendersonchambers.co.uk

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

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Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Conditional Fee Agreements and Contentious Business Agreements – Ropewalk Chambers

Posted January 28th, 2020 in chambers articles, costs, fees, news, solicitors by sally

‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’

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Ropewalk Chambers, 23rd January 2020

Source: www.ropewalk.co.uk