Supreme Court hands down significant judgment on statutory interpretation and the “right to manage” regime – Landmark Chambers

‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’

Full Story

Landmark Chambers, 16th August 2024

Source: landmarkchambers.co.uk

Financial Remedies – Non Matrimonial Property – 33 Bedford Row

‘Financial Remedies – Non Matrimonial Property.’

Full Story

33 Bedford Row, 2nd September 2024

Source: www.33bedfordrow.co.uk

Travel & Aviation Bulletin – Summer 2024 – 3 Hare Court

Posted September 4th, 2024 in aircraft, chambers articles, damages, expert witnesses, holidays, negligence, news by tracey

‘Welcome to the Summer 2024 issue of our Travel & Aviation Bulletin, edited by Christopher Loxton. Whether you’re mourning the end of your summer holidays, or longing for the start of them, we hope this latest issue will provide some welcomed insights relevant to travel and aviation practitioners alike. From the termination of package holidays, to the jurisdictional challenge in the proceedings concerning aircraft detained in Russia, to relief from sanctions and expert evidence, to the contributory negligence and the limits on damages under Montreal Convention, we hope there is something in here for everyone.’

Full Story

3 Hare Court, 21st August 2024

Source: www.3harecourt.com

Sophia Stapleton explores and explains orders made under Section 91(14): Protection from further applications under the Children Act 1989 – 2DRJ

Posted September 4th, 2024 in chambers articles, children, domestic violence, families, family courts, news by tracey

‘A section 91(14) order is also sometimes known as a ‘barring order’, but this is misleading. Orders made under section 91(14) of the Children Act 1989 stop a named person from making any application under the Children Act 1989 without the court’s permission.’

Full Story

2DRJ, 3rd September 2024

Source: www.2drj.com

Council acknowledges “serious historic failings” which led to busway deaths – Local Government Lawyer

Posted September 4th, 2024 in employment, health & safety, local government, news by tracey

‘Cambridgeshire County Council is to plead guilty to two health and safety offences after the deaths of 3 people on a guided busway, admitting that it fell “far short” of meeting the highest standards of health and safety at work.’

Full Story

Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

Waste company pays £100k to Nature Recovery Project after fire at site – Local Government Lawyer

Posted September 4th, 2024 in enforcement, environmental protection, fire, local government, news, pollution, waste by tracey

‘A West Midlands waste operator has paid £100,000 to a local wildlife project as an Enforcement Undertaking following a fire at one of its sites.’

Full Story

Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by tracey

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

Full Story

Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Employment tribunal orders justice secretary to pay court worker £27,000 – Law Society’s Gazette

‘A magistrates court’s administration officer has been awarded more than £27,000 after succeeding in her disability discrimination employment tribunal claim against the secretary of state for justice.’

Full Story

Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

Bar Standards Board consults on revised proposals to promote equality, diversity and inclusion at the Bar – Bar Standards Board

Posted September 4th, 2024 in barristers, codes of practice, consultations, diversity, equality, news by tracey

‘The Bar Standards Board (BSB) has today launched a public consultation on new rules to promote equality, diversity and inclusion at the Bar. Despite improvements in diversity in recent years, there remain significant challenges for the Bar in promoting access to the profession, in retaining qualified practitioners and in addressing bullying, discrimination and harassment. The regulator is therefore asking for a further step change in the profession’s approach to equality, diversity and inclusion.’

Full Story

Bar Standards Board, 3rd September 2024

Source: www.barstandardsboard.org.uk

Prisoner found dead after inadequate welfare check – BBC News

Posted September 4th, 2024 in death in custody, news, ombudsmen, prisons by tracey

‘A welfare check on the morning of a prisoner’s death “fell short” of the required standards, a report by the prison ombudsman has said.’

Full Story

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Man who murdered father-of-six jailed for life – BBC News

Posted September 4th, 2024 in assault, emergency services, imprisonment, murder, news, police, sentencing by tracey

‘A man who murdered a father-of-six during a street fight has been jailed for life.’

Full Story

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Compensation claims over cruise norovirus outbreak – BBC News

Posted September 4th, 2024 in compensation, health, holidays, news by tracey

‘A cruise operator is facing claims for refunds and compensation after hundreds of passengers were taken ill on board.’

Full Story

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Prison early release scheme to include some serious offenders, MoJ admits – The Guardian

‘Prisoners serving time for lesser crime following serious one will be eligible under plan to free up jail space, officials confirm.’

Full Story

The Guardian, 3rd September 2024

Source: www.theguardian.com

Mother of Baby P back in jail after licence conditions breach – The Independent

‘The mother of Baby P, who died after months of abuse, is back behind bars two years after being freed from jail.’

Full Story

The Independent, 3rd September 2024

Source: www.independent.co.uk

UK insurance firms must ensure fair value of products following FCA review – OUT-LAW.com

‘Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.’

Full Story

OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Why health and safety at work law stands the test of time 50 years on – OUT-LAW.com

Posted September 3rd, 2024 in employment, health & safety, news by tracey

‘The Health and Safety at Work etc Act 1974 has now been in force for 50 years, but it continues to provide a globally-recognised framework for managing health and safety risk – even as that risk evolves with the operation of new technologies and ways of working.’

Full Story

OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

Full Story

St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

Full Story

St Philips Barristers, 19th August 2024

Source: st-philips.com

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

Full Story

St Philips Barristers, 1st August 2024

Source: st-philips.com

The recent sentencing of climate protestors – Six Pump Court

‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’

Full Story

Six Pump Court, 9th August 2024

Source: 6pumpcourt.co.uk