Mental capacity and clinical negligence – Recent developments, practical issues and traps for the unwary – Exchange Chambers

Posted November 13th, 2024 in chambers articles, hospitals, mental health, negligence, news by sally

‘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.’

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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

Posted November 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news by sally

‘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).’

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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

Posted November 13th, 2024 in chambers articles, codes of practice, company law, fraud, news by sally

‘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.’

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Kingsley Napley Criminal Law Blog, 12th November 2024

Source: www.kingsleynapley.co.uk

Case Law on Covert Recordings – Becket Chambers

Posted November 13th, 2024 in chambers articles, children, families, fostering, local government, news, video recordings by sally

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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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

Posted November 13th, 2024 in chambers articles, families, financial dispute resolution, financial provision, news by sally

‘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.’

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Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘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.’

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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

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, equality, harassment, news, sex discrimination by sally

‘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.’

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Cloisters, 8th October 2024

Source: www.cloisters.com

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

Posted November 13th, 2024 in chambers articles, cohabitation, families, family courts, financial dispute resolution, news by sally

‘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?’

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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

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘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.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

The Law Commission and Law Commission Bill Procedures – House of Commons Library

Posted November 13th, 2024 in bills, Law Commission, news, parliament, statute law revision by sally

‘This briefing outlines the work of the Law Commission of England and Wales and describes the parliamentary procedures used to implement Law Commission recommendations.’

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House of Commons Library, 12th November 2024

Source: commonslibrary.parliament.uk

Daily Mail publisher wins ECHR case against ‘success fees’ paid to lawyers – The Guardian

Posted November 13th, 2024 in damages, fees, freedom of expression, human rights, media, news, privacy, solicitors by sally

‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

Metro Bank fined nearly £17m for failure to monitor potential money laundering – The Guardian

Posted November 13th, 2024 in banking, financial services ombudsman, fines, money laundering, news by sally

‘Metro Bank has been fined nearly £17m by the UK’s financial watchdog for failings in its money-laundering controls over four years, in a fresh blow to the lender a year on from its near-collapse.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

‘I might be dead before a decision is made’: Terminally-ill people on assisted dying – BBC News

Posted November 13th, 2024 in assisted suicide, bills, news, suicide by sally

‘The question of whether terminally-ill people should have the right to end their lives is dividing MPs as they consider a proposed law to legalise assisted dying.’

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BBC News,

Source: www.bbc.co.uk

Make revenge porn a civil offence to avoid ‘retraumatising’ trials, MPs told – The Independent

Posted November 13th, 2024 in artificial intelligence, civil justice, criminal justice, Ministry of Justice, news, pornography, sexual offences, trials, victims, women by sally

‘Revenge porn should be made a statutory civil offence to allow victims redress without having to go through a “retraumatising” criminal trial, MPs have been told.’

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The Independent, 13th November 2024

Source: www.independent.co.uk

“Vulnerable” legal aid solicitors feel “taken advantage of” – Legal Futures

Posted November 13th, 2024 in budgets, fees, legal aid, legal profession, news, solicitors by sally

‘Legal aid solicitors feel they have been “neglected the most and taken advantage of” in the years following the LASPO cuts, according to an academic study.’

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Legal Futures, 13th November 2024

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted November 12th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Clapham & Ors v Narga [2024] EWCA Civ 1388 (11 November 2024)

Akbars Restaurant (Middlesbrough) Ltd v The Secretary of State for the Home Department [2024] EWCA Civ 1387 (11 November 2024)

Flohr v Frontiers Capital I Ltd Partnership [2024] EWCA Civ 1385 (11 November 2024)

Chowdhury, R (On the Application Of) v The First-tier Tribunal (Immigration And Asylum Chamber) & Anor [2024] EWCA Civ 1380 (08 November 2024)

Court of Appeal (Criminal Division)

BVY, R. v (Rev1) [2024] EWCA Crim 1355 (06 November 2024)

High Court (Chancery Division)

Sino-Ocean Group Holding Ltd, Re [2024] EWHC 2851 (Ch) (11 November 2024)

Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) (11 November 2024)

Free Grammar School of John Lyon v HM Attorney General [2024] EWHC 2857 (Ch) (11 November 2024)

Alpha Schools (Holdings) Ltd v Signal Alpha III Fund LP [2024] EWHC 2862 (Ch) (11 November 2024)

High Court (Family Division)

A and B (Adoption: Section 83 ACA 2002) [2024] EWHC 2837 (Fam) (08 November 2024)

Source: www.bailii.org

UK financial regulators issue guidance on authorised person changes in control – OUT-LAW.com

Posted November 12th, 2024 in banking, codes of practice, financial regulation, financial services ombudsman, news by tracey

‘New Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) guidance sets out the regulators’ expectations on interpreting key concepts relevant to change in control.’

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OUT-LAW.com, 11th November 2024

Source: www.pinsentmasons.com

Liability of Police Authorities and the Decision in Tindall v Chief Constable of Thames Valley Police – Ropewalk Personal Injury Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury.’

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Ropewalk Personal Injury Blog, 11th November 2024

Source: ropewalk.co.uk

Police not liable for failing to protect someone from injury: Supreme Court – UK Human Rights Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33, on appeal from [2022] EWCA Civ 25. The Supreme Court has affirmed that there is no duty of care, and hence no liability in negligence, for failing to confer a benefit, which includes failing to protect a person from injury, as opposed to making matters worse. This applies equally to public authorities such as the police as it does to private individuals.’

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UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk