Blog
When is a zombie knife a zombie knife?
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 […]
Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 – considerations re access to justice can affect the recoverability of disbursements
The Court of Appeal ruling in Aldred v Cham [2019] EWCA Civ 1780, is often relied upon by defendants in road traffic accident claims that cease to continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents 2013 (RTA Protocol) – specifically, as to the recoverability of disbursements pursuant to […]
Catherine Ellis considers the recent CA case of G&H (Leave to revoke placement order) [2023] EWCA Civ 768 (part two)
Change of Circumstances The second issue determined by the appeal court was whether a change of mind by a family member about putting themselves forward as a potential carer for the children can, without more, amount to a change of circumstances within the meaning of s24(3) (the court cannot give leave “unless satisfied that there […]
Gohil v Advantage Insurance Company – What is a genuine offer of settlement?
Anyone who has any familiarity with fixed-cost personal injury litigation on the fast track will be well familiar with the provisions of CPR Part 36. That part provides that a party can make an offer which will have punitive consequences if it is not beaten by the other side at trial. Part 36 contains numerous […]
Catherine Ellis considers the recent CA case of G&H (Leave to revoke placement order) [2023] EWCA Civ 768
This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made. The grandmother’s […]
Years of missed opportunities and intrusion of privacy: The Undercover Policing Inquiry Interim Report
The Undercover Policing Inquiry (‘UCPI’) was established in 2015 to inquire into, and report on, undercover police operations conducted by police forces in England and Wales since 1968.[1]The Inquiry was set up in response to an independent review (The Ellison Review) which unearthed ‘appalling practices in undercover policing’.[2] The UCPI published its first interim report […]
The transit of Venus – costs budgeting, is what you’re billing for really progressing the litigation?
The recent decision of Hadley v Przybylo (2023) EWHC 1392 (KB) gives practitioners a steer on what a court is likely to consider what costs cannot form part of a budget. The issue here was not the principle of whether a proportion of the costs in issue were unreasonable or proportionate but whether they were […]
Hudson v Hathway in the Court of Appeal
Introduction In an earlier article, I argued (along with many others) that Kerr J was wrong to find that detrimental reliance was not a prerequisite for a common intention constructive trust where property is in joint names. Ironically, a case which hinged entirely on a constructive trust at trial and at the first appeal did […]
Detrimental reliance and the common intention constructive trust
Introduction In Hudson v Hathway [2022] EWHC 631 (QB), Kerr J concluded that in the context of family homes held in joint names, detrimental reliance is not a prerequisite for a common intention constructive trust. In other words, where the home is held in joint names, there is no need for a claimant to show […]
The Interplay between the Equality Act 2010 and the use of AI in Recruitment
There are numerous ways in which AI is revolutionising the job market and our workplaces. None more so than the recruitment process, with a growing number of employers using software to sift through applications and to identify the best possible candidates. But there are potential pitfalls for those who seek to streamline their hiring process, […]
Striking a Balance? Industrial Action & Employment Law Update
In today’s climate it is unsurprising the UK is facing the highest rates of industrial action in many decades, across many sectors and professions. Strike is the word on everyone’s lips. As an employee you will want to know what protection you have, and as an employer what action you can and should be taking, […]
Owen v Black Horse Limited [2023] EWCA Civ 325 – no strike out despite the Claimant’s absence at trial
Summary and background The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative. The Claimant’s claim under the unfair relationship provisions of the Consumer Credit Act 1974 related […]
