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Financial remedy update Summer 2020

15th July 2020

Christopher Sharp QC who is acknowledged by Chambers UK as one of only five star Silks in family law in the country, reviews the more important recent financial remedy cases during the course of the year with termly articles, written for and published within FLBA’s ‘Family Affairs’. His article for FLBA’s ‘Family Affairs’ Summer 2020 edition is now available…

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E-Scooters: The Legal Road Ahead

10th July 2020

Patrick West looks at the potential impact of the introduction of e-scooters on UK roads. The last time a totally new type of electric vehicle appeared on our roads in January 1985 it was the Sinclair C5. Although it looked like a space-age solution to traffic congestion and pollution by Christmas it had bombed and retailers…

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A tempering of Chief Coroner’s Guidance No.37?

8th July 2020

To those of you that attended my inquest update webinar on 11 May 2020 (watch here), you will recall that I spoke at length about the controversy caused by Chief Coroner’s Guidance No. 37, which was believed by some, to place restrictions on the ability of a Coroner to investigate deaths resulting from possible failings…

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Andrew Mclaughlin Succeeds in Huge FD Case Against QC £1.6m Claim Dismissed on Grounds of Fundamental Dishonesty

7th July 2020

A claim for nearly £1.6m brought by a 60 year old former managing director, Richard Walkden, against Drayton Manor Park has been dismissed by HHJ Murdoch on the grounds it was dishonestly exaggerated. On 18 April 2014 Mr Walkden and his wife and son were in a gondola at the theme park when it swung…

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Coroners, Coronavirus and controversy

25th June 2020

An article by barrister, David Regan as been published in the New Law Journal. Thorny dilemmas for coroners Coroners are experiencing difficulties when assessing which COVID-19 deaths to investigate, barrister David Regan has warned. Coroners must determine whether to investigate a death, for example, if human error is involved, the death is violent or unnatural…

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Proprietary estoppel and proportionality following the case of Habberfield: back to the heart of the doctrine

15th June 2020

Anyone with an interest in proprietary estoppel should read Adam Boyle’s new article. Adam is noted as a specialist in proprietary estoppel by Chambers & Partners and in this thought-provoking article he discusses the state of the doctrine following the case of Habberfield Read full here

Use of video and other remote means in the Coroner’s Court

15th June 2020

Emma Zeb On 11 June 2020 the Chief Coroner, HHJ Mark Lucraft QC, issued the guidance below regarding the use of video and other remote means in the Coroner’s Court as we continue to navigate through this current pandemic.   Remember however, that unlike other courts, the Coroner must be physically present in a court room…

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Patrick West: COVID-19 and PPE: date for “guilty knowledge”

11th June 2020

Patrick West As the end of lockdown (at least in its present form) now looms large on the horizon, the process of unpicking what went wrong with the UK’s experience of the virus has begun. At the same time as millions prepare to return to shops and businesses their staff will look to their employers…

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Appeal allowed against Strike out of Secondary Victim claims arising out of Clinical Negligence

4th June 2020

James Marwick Case Note on Paul & Anr v Royal Wolverhampton NHS trust [2020] EWHC 1415 (QB) In November 2019 Master Cook had struck out the secondary victim claims brought by the Claimants as a result of witnessing the heart attack and subsequent death of their father some 14 ½ months after the alleged negligent…

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Black Lives Matter

4th June 2020

St John’s Chambers understands the importance of uniting against racism, social injustice and inequality. We will be reviewing our engagement with community initiatives in order to ensure that we are actively supporting those affected. We stand in solidarity with the black community across the globe. We refuse to be silent and complicit. #BlackLivesMatter #HumanRights

Gulliksen dead and McGeown fatally wounded? An important case for highway lawyers

2nd June 2020

More higher court success for Matthew White in a case of significance for claims involving accidents on the highway. Matthew White, of St John’s Chambers’ personal injury team, successfully represented the claimant in Barlow v. Wigan Metropolitan Borough Council [2020] EWCA Civ 696. He has written a piece commenting on the decision here. The judgment…

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Special account rate reduced to 0.1%

2nd June 2020

Matthew White On 1/6/20 the Ministry of Justice reduced the special account rate to 0.1% (from 0.5%, which it has been since 1/7/09). The full text of the announcement is as follows:- Reduction of interest rates for Court Funds Office special and basic accounts from today (1 June 2020). Due to the impact of Covid-19,…

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Western Circuit listing information for fast and multi track trials

28th May 2020

As you may be aware, the Designated Circuit Judges on the Western Circuit have drawn up a Protocol to apply to fast and multi track trials listed between 1 June and 1 October 2020. A copy is attached in case you have not as yet seen it. The idea is to try to get trials…

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Court grants Relief from Forfeiture in Manslaughter Case – Challen v Challen [2020] EWHC 1330 (Ch)

28th May 2020

The High Court in Bristol (HHJ Matthews) has granted Sally Challen relief from the forfeiture arising from her killing of her husband Richard in 2010. The case had become a cause celebre arising from Sally Challen’s conviction for murder in 2010, and its subsequent quashing by the Court of Appeal in 2019 and later substitution…

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General guidance on PDF bundles

20th May 2020

Family barrister, Lucy Reed writes article: Mr Justice Mann, Judge in charge of Live Services, has issued guidance to judges today about PDF bundles. The guidance applies to all courts, but not to tribunals. The guidance is provided in order to achieve a level of useful consistency in the provision of PDF bundles for use…

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3rd Family Forum

12th May 2020

The Children Law Team will hold its 3rd Family Forum on Thursday 14th May at 5pm and we’d love it if you’d join us. Short presentations this week will be from Sarah Phillimore (on very recent case-law) and Abigail Bond (on the Adoption and Children (Coronavirus) (Amendment) Regulations). A general Q & A session will…

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Nick Pointon successfully opposes permission to appeal to the Privy Council in Alwitry v SEB

27th April 2020

Nick Pointon, together with Jersey Advocate Steven Chiddicks, has been representing Consultant Ophthalmologist Mr Amar Alwitry in long running proceedings before the Jersey courts, arising out of his unlawful dismissal in 2012. The liability phase of these proceedings has now concluded, with the Judicial Committee of the Privy Council declining the States Employment Board’s renewed…

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Barder Events and Financial Remedy Proceedings

23rd April 2020

Jack Harris successfully opposes an application to set aside a consent order in financial remedy proceedings relying on the case of Barder v Barder [1987] 2 FLR 480 and Myerson v Myerson [2009] EWCA Civ 282, and secures costs order for his client. Jack is able to advise on bringing or defending a Barder set…

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Virtual Hearings and Virtual Trials

22nd April 2020

Charlie Newington-Bridges Introduction 1. The need for virtual hearings and virtual trials for civil proceedings has presented the judiciary, counsel and solicitors with a whole series of challenges, not least learning how the technology works. 2. What follows is not a definitive guide to virtual hearings, but more a series of observations and tips for…

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St John’s Chambers – Remote Mediations in Wills & Trusts, Real Estate and Commercial disputes

22nd April 2020

Members of St John’s Chambers’ Wills & Trusts, Real Estate and Commercial Teams continue to offer the full range of mediation services during the COVID-19 Lockdown through the use of the Zoom Pro video conferencing platform. This allows the mediation to take place remotely, with the mediator being able to move between virtual rooms where…

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