Lamb Court of Appeal victory covered in The TimesLamb Chambers Barrister Colin Challenger’s recent victory in the Court of Appeal was covered in The Times on 6th of December 2016.
7th December 2016 by Colin ChallengerLamb Chambers prevails in dementia care Court of Appeal caseLamb Chamber’s Colin Challenger has won a case at the Court of Appeal connected to a dispute about the care of an elderly man with dementia, between Teresa Kirk, and Devon County Council.
9th November 2016 by Colin ChallengerThe legal and political background to the High Court Brexit decision.Lamb Chambers Barrister David Willink has written a commentary for US lawyers on the legal and political background to Brexit, following October’s High Court ruling on the Government’s right to use the Royal Prerogative to trigger Article 50.
8th November 2016 by David WillinkCongratulations to Arfan KahnCorporate Livewire Global Awards Winner: Banking & Finance Barrister of the Year 2016
21st April 2016 by Vincent DenhamNew tenant - Arfan KhanWe are delighted to welcome Arfan to Chambers today.
13th April 2016 by Vincent DenhamProcedure: Denton: Don’t blame the funderThe harder-edged approach to deadlines wrought by cases such as Denton v TH White  1 WLR 3926 has recently been considered in the context of delays in the grant of public funding.
4th April 2016 by Derek KerrProcedure: Relief from sanctions where an unless order has been imposedIf an ‘unless’ order is imposed and then breached, the court should take into account the original breach when considering...
4th April 2016 by David SawtellProcedure: Relief from sanctions where fraud is alleged: Gentry v. Miller and UK Insurance Limited  EWCA Civ 141:In this case, the Court of Appeal considered the approach to applications for relief from sanctions and setting aside a judgement in default in a case where the defaulting party delayed in applying for relief, but was alleging that the claim was fraudulent.
4th April 2016 by Emily DaviesMatthew Winn-Smith successful in appeal in Drewnik v BrittonExploring the scope of “fundamental dishonesty” for the purposes of CPR 44.16. This case (currently unreported) appears to be the only known appellate decision dealing with this issue.
16th March 2016 by Matthew Winn-SmithNew Rules on Cost BudgetingAs of the 6th of April 2016, important new rules affecting costs budgeting come into force.
4th March 2016 by Bernard PressmanNew tenant - Alex CunliffeWe are delighted to welcome Alex Cunliffe to Chambers today, Monday 4 January.
4th January 2016 by Vincent DenhamCase C-206/15 P - Sun Mark Ltd and Bulldog Energy Drink Ltd the other party/parties to the proceedings being Red Bull GmbH (synopsis)At the end of November the Court of Justice handed down a decision that finally dealt with the question of whether a party who was not involved in the proceedings before the General Court – but...
18th December 2015 by Dr Tim SampsonVine Housing Co-operative Limited v Smith  UKUT (LC)On an application under s. 168, CLARA 2002, is it open to a First-Tier Tribunal (‘FTT’) to consider the consequences of its determination?
18th December 2015 by Rahul Varma“The Absent Tenant. The Only or Principal Home Test” Landlord and Tenant Review 2015
7th December 2015 by Philippa SealContributor to the Property section of Law Brief Update
6th December 2015 by Elizabeth Dwomoh'Part 36 offers: tips and traps'
6th December 2015 by Jane CliftonBurial plots – Issues of ownership and control
3rd December 2015 by Safety and conservation of monuments: the legal perspective
3rd December 2015 by The Office of Vicar General
3rd December 2015 by Local Authorities working with the Church of England
3rd December 2015 by All in decent order: maintenance of closed churchyards and inscriptions on monuments
3rd December 2015 by Land Division of the Law of LimitationWebsite address
2nd December 2015 by Mark WestEstates Gazette: Litigating Against Litigants in Person
6th November 2015 by Rahul VarmaCosts budgets: not quite the last wordCosts management applies to all Part 7 claims below £10m.
4th November 2015 by Derek KerrMontgomery –v- Lanarkshire Health Board  UKSC 11In Montgomery the Supreme Court decided that before consenting to treatment a patient is entitled to be aware of any material risks and of alternative or variant treatments.
3rd November 2015 by Napier MilesImplementation of the EU Payment Accounts Directive in the UK (2014/92/EU)The Payment Accounts Directive (“PAD”) was adopted by the European Commission (“EC”) on 8 May 2013 and subsequently, in revised form, adopted by the European Parliament and Council on 23 July 2014.
1st October 2015 by Oliver HyamsDo CFAs breach human rights? - Coventry v Lawrence  UKSC 50The Supreme Court recently considered whether the system for the recovery of costs in civil litigation under the Access to Justice Act 1999 (“AJA”) is compatible with the European Convention on Human Rights (“the Convention”).
1st August 2015 by Matthew Winn-SmithFlanagan v Liontrust Investment Partners LLP and OthersJudicial decisions relating to Limited Liability Partnerships (“LLPs”) have been relatively rare since their statutory invention by the Limited Liability Partnerships Act 2000. Like London buses, two have now come along at once: the judgments of Warren J.
1st August 2015 by Clive BlackwoodCJEU Clarifies Law on Form Shifting and the Exhaustion of Distribution Rights in the EU – Arts & Allposters (Case C-419/13)On the 22 January 2015 the CJEU delivered its judgment in Arts & Allposters International BV v StichtingPicoright, a decision that directly addresses the question the limits of copyright protection afforded to copyright works first marketed in the EU that have subsequently been the subject of an unauthorised shift in its physical form prior to onward sale in the EU.
1st July 2015 by Dr Tim SampsonStobart Group Limited v Elliott  EWCA Civ 449Another case for the CPR 3.9 library concerning what leeway (if any) be should granted to a litigant in person seeking relief from sanction.
1st July 2015 by Vaughan JacobAmendments to statements of case – late, very late, and too lateIn complex litigation, late amendments are not uncommon, and used to be allowed routinely, with any prejudice being dealt with in a costs order.
8th June 2015 by Ross BeatonCriminal Justice and Courts Act 2015, s.58 – “Fundamental dishonesty”Any PI or clinical negligence claim issued after 12 April 2015 will be subject to section 58 of the Criminal Justice and Courts Act 2015 which introduces a potentially far-ranging concept of “fundamental dishonesty” as a (near mandatory) reason for dismissing an otherwise valid claim.
1st May 2015 by Napier MilesRe-issue of Pre-Action ProtocolsPractitioners should be aware that new Pre-Action Protocols in respect of Personal Injury, Clinical Negligence, Professional Negligence, Judicial Review, Housing Disrepair and Possession Claims by Social Landlords all came into force on 6 April 2015.
1st May 2015 by Vaughan JacobJackson (Appellant) v Murray (Respondent) (Scotland) UKSC 5What principles should govern the review of an apportionment by an appellate court? The SC provides guidance on this issue in this appeal from the Scottish courts.
1st March 2015 by Vaughan JacobJX MX (By her mother and litigation friend AX MX) v Dartford and Gravesend NHS TrustThis is an important case on “anonymisation” of approval applications involving children or protected parties.
1st March 2015 by Napier MilesThe English court’s jurisdiction to order depositions for use in foreign proceedingsEnglish lawyers are occasionally asked to assist with obtaining orders requiring someone in the UK to be deposed for foreign proceedings.
3rd February 2015 by Richard ColbeyFrancis v Phillips  EWCA Civ 1395P were the lessors of 150 holiday chalets in Cornwall, each let on a long lease. The leases contained the usual provisions for service charges.
1st December 2014 by James BrowneTenancy Deposits and s.21 – A Look Back
6th November 2014 by Rahul VarmaButcher v Southend-On-Sea Borough Council, CA(Civ Div), 30/10/14This CA case will be of interest to practitioners with an interest in slip-and-trip claims.
1st November 2014 by Vaughan JacobSuccess fees in old-style CFAs under threat?The litigation in Coventry v Lawrence is best known for its impact on the law of nuisance (see, for instance, the April 2014 round-up).
1st October 2014 by The amount in dispute for allocation purposes under CPR 26.8Akhtar v Boland  EWCA Civ 872
8th August 2014 by Vaughan JacobFailure to serve witness statements on time: CPR 3.9 and CPR 32.10Chartwell Estate Agents Limited v (1) Fergies Properties SA (2) Hyam Lehrer  EWCA Civ 506 concerned commission payments allegedly owed to C under an agency agreement following the sale of a property.
21st June 2014 by Vaughan JacobThe single county courtWhilst the introduction of the new Family Court on 22 April 2014 has received widespread publicity in both the popular and legal press, many will be surprised to learn that on the same day every one of the 173 county courts in England and Wales,
1st May 2014 by Simon BrilliantAll change please – the “single” county courtCounty Courts have existed in England and Wales since 1846. There are currently around 170 such courts up and down the land.
4th April 2014 by Derek KerrService on an individual – an alternate methodUnder the CPR, service on an individual must be at his usual or last known residence. But there may be an alternative - at least, when the individual is a company director.
1st April 2014 by David WillinkProcedure: Costs budgets – Looking out for the sanctions trip wireUnder the new cost budgeting regime parties are required to file and serve budgets by a date specified by the Court or, in the absence of a date, at least 7 days before the first case management conference (CPR 3.13).
1st March 2014 by Elizabeth DwomohProcedure: Extending the Mitchell approach to CPR 52.3(5)CPR 52.3(5) provides that a request to renew an application for permission to appeal “must be filed within 7 days after service of the notice that permission has been refused.”
1st March 2014 by Vaughan JacobM A Lloyd & Sons v PPC International  EWHC 41 (QB): Can the parties agree to extend time for service of witness statements?In this High Court case, the parties both (arguably) failed to comply with a court direction as to the service of witness statements on a particular issue.
1st February 2014 by Jane CliftonDeeds v Various Respondents  EWCA Civ 1678The Court of Appeal has explored the ambit of CPR 3.3(5) and the power to set aside an order made by the court of its own initiative.
1st February 2014 by Vaughan JacobSection 69 of the Enterprise and Regulatory Reform Act 2013Section 69 of the Enterprise and Regulatory Reform Act 2013 (“ERRA”) changes the landscape of health and safety PI law in a major way.
1st December 2013 by Napier MilesPGFII SA v OMFS Company 1 LtdOn 23rd October, in PGF II SA v OMFS Company 1 Ltd (2013) EWCA Civ 1288 the Court of Appeal (Kay, Beatson, Briggs LJJ) took the opportunity to consider
1st November 2013 by Clive BlackwoodNavigating the arbitral road: doing business and resolving disputes in AsiaI recently delivered the above seminar, held at the offices of Norton Rose Fulbright, aimed at promoting the Hong Kong International Arbitration Centre.
1st October 2013 by Regina (CN) v Lewisham London BoroughThe SC decisions in Manchester City Council v Pinnock  2 AC 104 and Hounslow London Borough Council v Powell  2 AC 186 have had far reaching ramifications in standard possession proceedings,
1st August 2013 by Vaughan JacobCivil Procedure: Swain-Mason v Mills & Reeve  EWCA Civ 14, January 20, 2011 CAThe Court of Appeal considered the principles relating to applications for permission to amend statements of case made at the beginning of the trial.
1st June 2013 by Helen TurnbullThe Use of Arbitration in Criminal CasesThe author recently spoke at a conference in Saudi Arabia. The conference, held in Riayadh at the Naif Arab University for Security Sciences, dealt with the use of arbitration in criminal cases. The speakers included the former President of the American Arbitration, William K Slate.
1st June 2013 by ADR: International Cotton ArbitrationAn article by Anthony Connerty on the arbitration of cotton disputes, concentrating in particular on the Liverpool – based International Cotton Association, will be published in the next edition of Arbitration International,
1st May 2013 by Costs: No U-Turns on the Road to Costs ManagementFrom 1 April 2013 costs budgets and costs management orders are introduced for most multi-track claims. They place a limit on the amount of recoverable costs and are part of a raft of reforms introduced following the report of Sir Rupert Jackson on the cost of litigation.
1st May 2013 by Derek KerrGeneral: Interest on damagesChallinor v Julian Bellis & Co.  EWHC 620 (Ch) and Sycamore Bidco Ltd v Breslin  EWHC 174 (Ch) are cases addressing the issue of what rate of interest should be applied to damages.
1st April 2013 by Lawrence CaunProcedure: Fred Perry - Game Set and Match?In recent months the Court of Appeal (CA) has considered a number of appeals about the discretion to grant/refuse relief from sanction under CPR 3.9.
1st March 2013 by Derek KerrMinistry of Justice drives on with changes to fixed recoverable costs in the RTA portal schemeThe ban on referral fees in low value RTA cases and changes to the Fixed Recoverable Costs (‘FRC’) regime in the RTA portal scheme will go ahead as planned in April 2013.
1st March 2013 by Vaughan JacobPhillips & Co (A Firm) v Bath Housing  EWCA Civ 1591The appellant client had instructed the respondent solicitors to act on its behalf concerning possession of a flat. Their task was complete by the end of 2003. The solicitors’ fees had not been agreed, so they were entitled to claim a reasonable amount for the work done.
1st January 2013 by Vaughan JacobBirmingham City Council v Neil Ashton  EWCA Civ 1557This appeal concerned the weight given by a court to the factors listed in s.85A(2) Housing Act 1985 (‘the Act’) when considering making a suspended possession order following incidents of anti social behaviour.
1st December 2012 by Vaughan JacobMargaret Jolly (acting as Widow and Executrix of the Estate of her late husband, Stephen Jolly) v Harsco Infrastructure Services LtdMr Jolly died of mesothelioma and his widow sued his employer, who denied liability. In April 2012 the claimant made a Part 36 offer in standard format to settle liability 99% in her favour.
1st December 2012 by Napier Miles10% increase in general damages will not apply to all casesOn 26th July 2012 the Court of Appeal announced a 10% increase in general damages in all cases where judgment is given after 1st April 2013 (Simmons v. Castle  EWCA Civ 1039 - see 'The Round-Up' August 2012 for details).
1st November 2012 by Richard MenziesPart 36 offers – the safety valveCPR Rule 36.10(4) provides:
22nd October 2012 by Vaughan JacobCivil Procedure: How not to applyIn CEF Holdings and anr v Brian Mundey and 23 ors  EWHC 1524 the Court set down useful guidelines on how to comply with the obligation to make full and frank disclosure on without notice or proper notice applications.
1st July 2012 by Elizabeth DwomohFraudsters beware! - Fairclough Homes (Appellant) v Summers (Respondent)  UKSC 26The Supreme Court has taken a step forward in addressing exaggerated and fraudulent personal injury claims.
1st July 2012 by Vaughan JacobSeller beware ('caveat venditor'): Coleridge v Sotheby's  EWHC 370 (Ch)In a case that spanned 500 years of English history, Sotheby's was not negligent in advising that a decorative gold chain forming part of the regalia of the last Chief Justice Common Pleas in 1880 (the Coleridge Collar) was likely manufactured in the 17th as opposed to the 16th century.
1st May 2012 by P.I: The end of a "Rolls Royce Service" in Infant Approvals? Dockerill v Tullett; Macefield v Bakos; & Tubridy v Sarwar  EWCA Civ 184The above conjoined appeals addressed the recoverability of costs under CPR 21.10(2) in an infant approval hearing. The following issues were before the CA:
1st April 2012 by Vaughan JacobConsecrated burial grounds; an obstacle to developers? In re Radcliffe Infirmary Burial Ground  PTSR 1508During the past three centuries many hospitals, barracks and other institutions were provided with adjacent burial grounds for the victims of disease or war.
1st January 2012 by Timothy BridenCredit hire: An Overview
8th December 2011 by Vaughan JacobWhat Property Lawyers need to know about church land
3rd December 2011 by Credit hire: Pattni v First Leicester Buses Limited; Bent v Highways and Utilities Construction and another  EWCA 1384On 24 November 2011 the Court of Appeal handed down judgment in the above conjoined appeals. Both appeals concerned the amounts recoverable by a claimant who is the innocent victim of an RTA and who could have afforded to hire a replacement car without credit terms.
1st December 2011 by Vaughan JacobHarrison v Black Horse  EWCA Civ 1128The Court of Appeal judgment was handed down on 12th October 2011 in this case which arose from the sale of policies of payment protection insurance (“PPI”). In 2003 and 2006 the Harrisons took loans from the Defendant together with policies of PPI.
1st December 2011 by Stop, look, listen - Belka v Prosperini  EWCA Civ 623The CA upheld a finding that a pedestrian (B) was two-thirds to blame for his injuries when he ran across a road in front of the Defendant's taxi (P) at an unregulated crossing.
1st July 2011 by Tortious duty of care concurrent with contractual dutyIn Robinson v. PE Jones  EWCA Civ 9 CA (Civ Div) a homeowner ('R') appealed against a finding that the respondent builder ('J') did not automatically assume a duty of care in tort further to his contractual duty. J built R a house.
22nd June 2011 by Rahul VarmaCosts: Katherine Morgan v Spirit Group Ltd  EWCA Civ 68A judge, when undertaking an assessment of costs, must conduct either a summary assessment of costs or refer the costs to a detailed assessment.
1st April 2011 by Mirror Group newspapers Limited v United Kingdom (Application No.39401/04) The Times, January 20, 2011, ECtHRThe Conditional Fee Agreements Order 2000 Art.4 allowed the use of a Conditional Fee Agreement (“CFA”) in all litigation except criminal, environmental and certain family proceedings. The maximum success fee was also fixed at 100%.
1st March 2011 by Vaughan JacobProcedure: a reminder of the need for expert evidenceIn the case of Pantelli Associates Ltd v Corporate City Developments Number Two Ltd  EWHC 3189 (TCC, Coulson J issued a reminder to all legal representatives
1st January 2011 by Court of Appeal confirms the need properly to plead and cross-examine fraud allegationsIn The London Borough of Haringey v Hines  EWCA Civ 1111 the Court found that LBH’s deceit case was not properly put to Ms Hines in cross-examination, because they had failed to ask whether she had dishonestly misled them.
1st December 2010 by How to set-off - legally and equitablyIn the recent case of Gary Fearns (T/A Autopaint International) v Anglo-Dutch Paint & Chemical Co Ltd & 5 Ors  EWHC 2366 (CH) the Court undertook a cogent analysis of the law of set-off.
1st November 2010 by Elizabeth Dwomoh