The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to […]
Dear Legally Flushed Community, As we celebrate International Women’s Day #Inspireinclusion, I thought I would send our first newsletter. It has been a remarkable year for Legally Flushed. As we all know, Legally Flushed stands as a testament to our shared commitment to enhancing the professional lives of women and their allies. Our driving force […]
The Supreme Court’s judgment in the case of Paul and another v Royal Wolverhampton[1] has, by a majority, but with a persuasive dissenting judgment from Lord Burrows, considerably reduced the pool of individuals who can bring their own claim as a ‘secondary victim’ in medical negligence cases. The Court ultimately determined that an accident, or […]
Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject […]
The Court of Appeal (CA) in R v Clark [2023] EWCA Crim 309 was faced with what seemed to be a fairly trivial issue – what happens when a clerical issue occurs on the Sending Sheet in the Magistrates’ Court (MC)? In Clark, the appellant was charged with two either-way offences, namely, ABH and breach […]
NOTHING IN THIS ARTICLE IS INTENDED TO PROVIDE LEGAL ADVICE. All cases turn on their facts, and none of the below commentary is a substitute for formal legal advice. This post is concerned with the obligations which potentially fall on employers, schools, hospitals, universities, etc. insofar as they relate to the on-going pandemic. Note that […]
WHAT HAS BROUGHT ABOUT THE CHANGE? The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023. WHEN DO THE REGULATIONS COME INTO EFFECT? 01 January […]
As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and […]
In March 2019 Pump Court’s Antonia Ford published an article on Shadbolt v Stefanatica (unreported), in which the Claimant’s illegal act of failing to renew his vehicle’s MOT licence for some three months, was found not to have reached the threshold for rendering a credit hire claim unrecoverable on public policy grounds pursuant to the […]
WHAT IS AN INTERIM PAYMENT? An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the […]
This contribution will consider new case law together with the recently published report by the Domestic Abuse Commissioner (‘the Commissioner’) examining the family courts’ handling of domestic abuse. The report highlights how victims and survivors are being subjected to continued abuse by perpetrators in private family law proceedings, resulting in re-traumatisation[1] and the need for […]
The 2019 Offensive Weapons Act made it an offence, for the first time, to simply possess certain offensive weapons in private[1]. Acknowledged as an increase in interference in the private lives of the public, yet deemed necessary to tackle violent crime, the legislation was limited to certain types of offensive weapon. Included on that list […]