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Indefinite risk: The Divisional Court clarifies the public protection test for fixed term prisoners.
In R(Dich & Murphy) v Parole Board and Secretary of State for Justice [2023] EWHC 945 (Admin) the Divisional Court (William Davis LJ and Johnson J) have clarified the scope of public protection test as it applies to fixed term prisoners....

Date: Tue, 02 May 2023
No5's Gurprit Mattu has been instructed in the 1Malaysia Development Bank (1MDB) fraud case
A global settlement has recently been reached with two Abu Dhabi state funds for US $1.8 billion to settle the legal dispute with them, Bakers and Quantuma have contributed to the success of the result....

Date: Tue, 25 Apr 2023
Relief from forfeiture of a commercial lease; a stab in the dark is reasonable when you are being deliberately kept in the dark
The case of Chug v. Dhaliwal provides an instructive High Court example of when and how a Judge must weigh up factors for relief from forfeiture, and why it is a bad idea to unlawfully sublet commercial premises....

Date: Tue, 25 Apr 2023
Powering Up Britain—Net Zero Growth Plan
In October 2021, the government published its ‘Net Zero Strategy: Build Back Greener (the NZS)’, which described proposals that it was said would enable the UK to meet its sixth carbon budget and net zero by 2050....

Date: Mon, 17 Apr 2023
Government introduces Victims and Prisoners Bill
The government has introduced into parliament a Victims and Prisoners Bill. This follows the “Root and Branch Review” of the Parole Board previously launched by the Secretary of State for Justice, and makes a number of provisions in relation to both victims and offenders....

Date: Fri, 31 Mar 2023
The importance of not just having knowledge of ‘material facts’ but also ‘attribution’ of those material facts, pursuant to section 14A of the Limitation Act 1980.
Personal Injury, Professional Negligence and Costs specialist Stephen Goodfellow of No5 Barristers’ Chambers discusses the recent decision in Witcomb v J Keith Park Solicitors [2023] EWCA Civ 326, which concerns the failure of solicitor and counsel to advise a claimant of the option of seeking provisional damages....

Date: Thu, 30 Mar 2023
Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant?
In this article I highlighted that the Act is limited in scope and did not offer much guidance on how the Act is to be interpreted and applied. There has also (until my case below) been no judicial guidance on the correct application. The Magistrates Court Guide provided little assistance either....

Date: Wed, 29 Mar 2023
Financial Sanctions in the UK
With the financial sanctions imposed against Russia has been widening and deepening over the past year, more and more businesses and investors have paid attention to the regulatory obligations for compliance....

Date: Wed, 08 Mar 2023
Court of Appeal dismisses challenge to major permission for re-working of waste in the green belt (R (Whitley PC) v North Yorks CC)
Planning analysis: The Court of Appeal rejected a challenge to a decision by a County Council to grant planning permission for the extraction of pulverised fuel ash from a site within the green belt....

Date: Tue, 28 Feb 2023
A cautionary tale of viral success: Zymurgorium v Hammonds of Knutsford
The Court of Appeal has handed down Judgment in this case concerning implied terms in unwritten agreements between a gin company and their wholesaler. Lois Norris, led by Steven Reed, successfully dismissed the Defendant’s appeal....

Date: Fri, 24 Feb 2023
Shareholders’ rights and Remedies under the Companies Act 2006
This paper provides an analysis of the rights of shareholders including the right to petition for relief against unfair prejudice under section 994 and the remedies available under section 996...

Date: Wed, 15 Feb 2023
R(AF) v Milton Keynes Council
Local Authority had a duty to age assess putative child independently of a Home Office assessment and case is not academic just because the Claimant has turned 18: David Gardner represents the Claimant in a successful judicial review...

Date: Fri, 10 Feb 2023
The impact of a company’s insolvency on directors
their obligations and potential liabilities in relation to companies in financial difficulties, including liability for wrongful trading and the director’s disqualification regime...

Date: Thu, 09 Feb 2023
New Year’s Reminder on Reflective Working Practices
No5's Philip Vollans discusses the growing requirement for individuals to be reminded of the new normal working practices as the regulatory professional bodies continue to catch up with the backlog....

Date: Mon, 30 Jan 2023
Pupillage at No5 Barristers' Chambers: An Insider’s Perspective
Former pupil Harrison Burroughs discusses his pupillage journey at No5 Barristers' Chambers...

Date: Fri, 27 Jan 2023
Detrimental Reliance: The decision in Hudson v Hathway [2022] EWCA Civ 1648
On 14 December 2022, the Court of Appeal handed down its decision in Hudson v Hathway [2022] EWCA Civ 1648...

Date: Wed, 25 Jan 2023
Honesty is the Best Policy
No5's Melanie Mills discusses the case Muyepa v Ministry of Defence [2022] EWHC 2648 (KB), anfd how honesty is the best policy....

Date: Wed, 25 Jan 2023
Whiplash-tariff & Non-tariff Injuries: The Common Law Has the Answer
Just how do you value damages where there are injuries falling within the tariff regime for whiplash injuries and non-tariff injuries?...

Date: Fri, 20 Jan 2023
The Procurement Bill – the changes so far
No5’s Jorren Knibbe provides an update on the Procurement Bill and the changes that have been made during its passage through the House of Lords....

Date: Thu, 19 Jan 2023
QOWCS, Discontinuance and Obstructing the Just Disposal
No5's Alexander Mellis discusses the guidance in the operation of setting aside a notice of discontinuance....

Date: Tue, 17 Jan 2023
Striking Out
No5 Employment barrister, Alice Beech discusses Rishi Sunak's government introduction of the 'Strikes (Minimum Service Levels) Bill on the 10th January....

Date: Wed, 11 Jan 2023
From employed to self employed Barrister
Moving from the employed to self-employed Bar is always a daunting prospect. The benefits of being an employed barrister are persuasive – a regular and stable income, a good pension and annual leave are some of the benefits....

Date: Thu, 15 Dec 2022
DB Symmetry Ltd and another (Respondents) v. Swindon Borough Council (Appellant)
No5's Richard Humphreys KC has successfully acted for DB Symmetry Ltd in the case 'DB Symmetry Ltd and another (Respondents) v. Swindon Borough Council (Appellant) [2022] UKSC 33'....

Date: Wed, 14 Dec 2022
Employers Redundancy Rights
With reports of more people facing redundancy in the coming months, No5's Andrew Rhodes explains everything employers need to know if faced with the possibility of making staff redundant....

Date: Mon, 12 Dec 2022
Can 'externalisation' and 'safe third country' practices be compatible with international refugee law?
Whilst we await the outcome of the Rwanda challenges in the High Court, this is an opportune moment to consider whether 'externalisation' and 'safe third country' practices are compatible with international refugee law....

Date: Thu, 08 Dec 2022
Waiving Forfieture: How to identify rent payments versus arrears
Waiving Forfieture: How to identify rent payments versus arrears...

Date: Mon, 05 Dec 2022
The Contractual Duty of Good Faith: The Decision in Mark Faulkner & Others v Vollin Holdings Limited & Others
The Court of Appeal, in its decision in Mark Faulkner & Others v Vollin Holdings Limited & Others [2022] EWCA Civ 1371...

Date: Tue, 08 Nov 2022
Hillside in the Supreme Court: what next for ‘drop in’ permissions?
The Supreme Court handed down judgment in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 on the 2 November 2022...

Date: Mon, 07 Nov 2022
HS2 – Route Wide Injunction Granted
The High Court (Mr Justice Julian Knowles) has granted High Speed Two (HS2) Limited an interim injunction...

Date: Wed, 21 Sep 2022
Latest judicial review challenge involving the HS2 project fails (Buckinghamshire Council v SST)
The claimant local authority challenged by judicial review the decisions in three appeals against the non-determination of applications for the approval of arrangements for large goods vehicles...

Date: Tue, 16 Aug 2022
Fight against factory farming risking human health and climate harm goes to Strasbourg Court
On 26 July 2022 the NGO Humane Being filed an application at the European Court of Human Rights...

Date: Mon, 08 Aug 2022
UK Covid-19 Inquiry inviting applications
No5’s Serena Sekhon explains how to seek Core Participant status in the UK Covid-19 Inquiry...

Date: Wed, 03 Aug 2022
Gender Critical Belief: Latest Legal Development
No5’s Oliver Lawrence and Sapandeep Singh Maini-Thompson explore the Employment Tribunal's decision in Bailey v Garden Court. They analyse the legal developments in respect of gender-critical belief...

Date: Fri, 29 Jul 2022
High Court quashes planning permission for failure to consider a development plan policy
Planning analysis: In a challenge to the decision of a local planning authority (LPA) to grant planning permission for housing on a longstanding sports field...

Date: Mon, 25 Jul 2022
Beware a Claimant Bearing Fixed Costs Consent Orders
Woe betide the Defendant who takes great efforts to amicably settle a fixed costs case and then finds themselves having to pay costs on the standard basis. Thomas Beasley highlights that is the effect of what the Court of Appeal decided in Doyle v M&D Foundations & Building Services Ltd [2022] EWCA Civ 927....

Date: Thu, 14 Jul 2022
Covid-19 Inquiry: Terms of Reference published
The final Terms of Reference for the UK Covid-19 Inquiry have been published, signifying the formal establishment of the Inquiry in line with the Inquiries Act 2005....

Date: Mon, 04 Jul 2022
Challenging Housing Decisions in Care Proceedings
In the aftermath of the pandemic, parties and their advocates in care proceedings are implored by ‘The Road Ahead’ (and more recently in the President’s case management guidance of March 2022...

Date: Mon, 16 May 2022
The Procurement Bill – a first look
In response to the first draft of the new Procurement Bill, Jorren Knibbe highlights key points in the legislation that will eventually repeal the Public Contracts Regulations 2015 and create a single Procurement Act for the whole of the UK....

Date: Fri, 13 May 2022
The Building Safety Act takes effect
The Building Safety Act (BSA) has now been given Royal Assent, which requires all those involved in planning and phased construction to adhere to more stringent safety standards....

Date: Fri, 06 May 2022
Regina -v- Mohammed Idrees Farouk and Ridhwaan Farouk
Sentencing Remarks Regina -v- Mohammed Idrees Farouk and Ridhwaan Farouk...

Date: Fri, 29 Apr 2022
High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council)
Planning: The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum....

Date: Mon, 04 Apr 2022
Fundamental Dishonesty: Plan It and Put It
Fundamental Dishonesty: Plan It and Put It...

Date: Fri, 01 Apr 2022
Vicarious Liability and Non-Delegable Duty of Care for Dental Practice Owners: Hughes v Rattan [2022] EWCA Civ 107
Dr Louisa Sherlock reviews this appeal to the Court of Appeal of a High Court decision...

Date: Mon, 28 Mar 2022
49.9 MW Solar Farm Allowed on Appeal
Following an appeal made by JBM Solar Projects 6 Limited (APP/B3030/W/21/3279533), Inspector Baird has granted permission for a 49.9 MW solar farm on a site of approximately 100ha north of Halloughton, Nottinghamshire in the district of Newark & Sherwood...

Date: Mon, 21 Feb 2022
A practical guide to authorisations of unregistered placements and DOLS applications
The inspiration for this article is twofold; firstly, an engaging talk on the subject matter delivered by HHJ Rowland which I recently attended, and secondly, a string of recent cases on which I have been instructed (for local authorities, parents and children’s guardians)....

Date: Wed, 02 Feb 2022
Arbitration And Financial Remedy Disputes
Arbitration has historically been associated with the resolution of commercial disputes, particularly in the context of international commercial transactions, and has proved to be successful at resolving such disputes...

Date: Mon, 13 Dec 2021
Environmental judicial review involving HS2 fails at the permission stage
This is a challenge to a consent granted by the Environment Agency under the primary legislation which authorised construction of the HS2 railway...

Date: Tue, 07 Dec 2021
MA (Pakistan)-v-SSHD [2019] EWCA Civ 1252
An appellant whose appeal against deportation on human right grounds failed in the Court of Appeal and following the refusal of leave to appeal from the Supreme Court nevertheless succeeded in obtaining leave to remain from the UK Government after making a complaint to the Strasbourg Court....

Date: Mon, 29 Nov 2021
Supreme Court provides costs guidance for planning statutory reviews that also affects judicial review cases (CPRE Kent v SSCLG)
Planning analysis: The Supreme Court considered a costs challenge concerning a planning statutory review...

Date: Wed, 01 Sep 2021
Application of Ivey in Fundamental Dishonesty
Alex Mellis discusses the judgment in Michael v IE&D Hurford Ltd t/a Rainbow [2021] EWHC 2318 (QB) where the High Court has been asked to determine an appeal from the finding at first instance that a claimant was not dishonest, despite obvious problems with the claimant’s case....

Date: Tue, 17 Aug 2021
All fair in love and liquidation
Alexander Heylin and Annie Townley successfully acted in the trial on behalf of the 6th and 7th Respondents against whom all claims were dismissed...

Date: Fri, 06 Aug 2021
The Sewell Report and the Meaning of Institutional Racism
Oliver Lawrence examines the approach taken by the Sewell report to the concept of institutional racism...

Date: Tue, 13 Jul 2021
Court of Appeal takes a pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)
Planning analysis: The Court of Appeal considered how to measure the height of a proposed building...

Date: Tue, 13 Jul 2021
Pubs, Planning Policy and the Public Sector Equality Duty (R (oao Danning) v Sedgemoor District Council)
Planning analysis: The continued loss of rural pubs to alternative, higher value uses...

Date: Mon, 28 Jun 2021
In the Line of Duty: Whistleblowing Protection for Anti-Corruption Police Officers
The EAT has recently handed down judgment in Aston and ors v Chief Constable...

Date: Fri, 04 Jun 2021
Winning at Appeal: It’s the Benefits Stupid
The key point in this article is that in the midst of the persistent and pervasive national housing crisis, appellants need to help themselves, by helping inspectors to fully understand the benefits of new housing proposals. That is the benefits for the local community and the wider area. This ensures the interests that are being articulated and listening to are not just those who are vociferously opposed to new housing because it is located near to their house. But also those who will benefit most obviously from the scheme....

Date: Mon, 24 May 2021
The High Court applies the brakes to Local Authority Injunctions against persons unknown
On 12 May 2021, Nicklin J handed down judgment in the case of London Borough of Barking and Dagenham v Persons Unknown [2021] EWHC 1201 (QB). It followed a 2 day final hearing involving 13 barristers. The case grouped together 38 claims in which Traveller Injunctions were granted to be managed by a single judge from October 2020....

Date: Fri, 14 May 2021
What about the dishonest Defendants?
Alexander Mellis, Louisa Denning and Matthew Brunning consider the issue of dishonest defendants in the context of Fundamental Dishonesty in personal injury litigation....

Date: Thu, 13 May 2021
RTA Protocol; credit hire; taxi (Mr Said Bourous v London Borough of Islington)
The Claimant, a licensed taxi driver, brought a claim including £11,825.49 in respect of hire charges relating to his taxi which was damaged in a RTA. The hire claim was fully dismissed at the contested MOJ Stage 3 Hearing as the Claimant had not made a claim for, or provided any evidence in support of loss of profit (Hussain v EUI Limited followed)....

Date: Mon, 10 May 2021
Neurodiverse employees: “Don’t ask, don’t tell?”
Consider the dilemma. An employer is struggling to manage an employee, whom it suspects may have autism....

Date: Tue, 04 May 2021
High Court quashes grant of inspector’s grant of planning permission in appeals under TCPA 1990, ss 288 and 289 (Manchester CC v SSHCLG)
The High Court quashed a planning inspector’s decision to allow an enforcement notice appeal...

Date: Tue, 04 May 2021
Are Dental Practice Principals, as Providers, Vicariously Liable for the Dental Negligence of their Associates?
Dr Louisa Sherlock, barrister and former dental surgeon, considers the recent judgment in the case of Breakinbury v Croad (unreported) 2021....

Date: Tue, 04 May 2021
BBC sued for £3.7 Million after “Bang Goes the Theory” crash stunt goes very wrong
From ‘Top Gear’ to ‘Jeremy Kyle’, TV is no stranger to the Courtroom when things go badly wrong in front of the camera. Today we learn that liability has been conceded by the BBC in Stansfield v the BBC....

Date: Thu, 29 Apr 2021
Pleading Fundamental Dishonesty
When I was in pupillage, about the only thing that was not wholly different from what had been taught at Bar school was that you did not plead fraud or dishonesty without proper grounds....

Date: Wed, 14 Apr 2021
High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990
Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990)...

Date: Thu, 08 Apr 2021
Needs Cases in the Covid-19 Pandemic and Fresh Evidence in Appeals - Souza v Souza
No5 Barrister Giles Pengelly recently appeared for the appellant (wife) in Souza v Souza [2021] EWHC 199 (Fam) (“Souza”)...

Date: Tue, 06 Apr 2021
Special mental health provision can render Section 4 location unsuitable
Nabila Mallick reviews a recent case regarding Section 4  Immigration and Asylum Act 1999...

Date: Wed, 31 Mar 2021
Public procurement: New High Court judgment emphasises the need for minutes of meetings
In Bechtel v High Speed Two (HS2) Ltd [2021] EWHC 458 (TCC) (4 March), Fraser J rejected a challenge under the Utilities Contracts Regulations 2016 to HS2’s award of a billion-pound contract for the construction of a new railway station. As part of the decision, the judge found that HS2 had breached its obligation of transparency by failing to keep minutes of a meeting with the leading bidder. But the failure did not lead to the overturning of the award decision....

Date: Mon, 29 Mar 2021
Disclosure from Family Proceedings
In cases involving child abuse or neglect or more serious injuries to children, criminal proceedings are frequently foreshadowed by family proceedings. It is also an issue which arises commonly in cases involving domestic violence. It may be that it assists the criminal proceedings to rely on documentation, evidence and judgments from family proceedings....

Date: Fri, 05 Mar 2021
Withdrawing from a Case
A new authority from the Court of Appeal has offered guidance to Counsel on what their professional obligations are when a defendant’s case changes part way through....

Date: Fri, 05 Mar 2021
Fairness and Adjournments: Guidance from the Court of Appeal
In allowing a recent appeal, the Court of Appeal highlighted that the key principle to be applied was whether the refusal to grant an adjournment will lead to an unfair trial....

Date: Thu, 04 Mar 2021
A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally)
If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme....

Date: Mon, 01 Mar 2021
The Duty to Cooperate and its Future
A simple call for assisted accommodation from the Defendant can involve an examination of the Local Authority’s duty to a vulnerable person calling for an examination of the complex relationship between different legislative frameworks....

Date: Fri, 12 Feb 2021
Nobody Asked For Your Opinion: The new regime for witness statements under PD 57AC
On 6 April 2021 those practicing in the Business and Property Court will become subject to significantly more stringent requirements...

Date: Mon, 08 Feb 2021
Sentencing Code Update - December 2020
Philip Vollans and Olivia Whitworth provide an update for the consolidation of the sentencing procedure law into the Sentencing Act 2020...

Date: Mon, 01 Feb 2021
Firearms Offences Update - January 2021
No5's Philip Vollans and Olivia Whitworth provide an update on Firearms Offences from Jan 1st 2021....

Date: Mon, 01 Feb 2021
High Court quashes permission granted under section 73 of the Town and Country Planning Act 1990 (R (on the application of Parkview Homes) v Chichester District Council)
The High Court quashed a decision to grant a planning permission under section 73 of the Town and Country Planning Act 1990 (TCPA 1990), together with the permission itself, in circumstances where the local planning authority (LPA) had made several errors in the decision-making process....

Date: Thu, 28 Jan 2021
High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council)
The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement)....

Date: Fri, 22 Jan 2021
Witnessing Wills During a Pandemic: “You’re on mute”
The Wills Act 1837 Order 2020 means that it is now possible to witness a will via a video call....

Date: Thu, 21 Jan 2021
12 Steps To Better Remote Hearings
Alex Mellis shares his experiences of Remote Hearings with 12 steps to better Remote hearings...

Date: Tue, 05 Jan 2021
The Family Proceedings (Amendment) Rules 2020
The Family Proceedings (Amendment) Rules 2020 contain, among a number of other procedural amendments, some important changes to the financial remedy costs regime. Two significant changes are set out in the form of an amended rule 9.27 and a new rule 9.27A....

Date: Thu, 10 Dec 2020
Welcome Protection for Consumers of Certain Cryptoasset Investments
No5’s Gurprit Mattu details the Financial Conduct Authority's rules for the banning of derivatives and Exchange Traded Notes that reference unregulated transferable cryptoassets....

Date: Fri, 23 Oct 2020
Green light for Mortgage Repossessions?
On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate....

Date: Tue, 13 Oct 2020
Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB
Judgment in the case of Girling v East Suffolk Council [2020] 9 WLUK 348 was delivered on 1st October 2020 and it’s certainly one to add to your personal planning case book....

Date: Thu, 08 Oct 2020
Planning Permission secured by Christopher Young QC and Leanne Buckley-Thomson for Extra Care development at Albourne following virtual planning inquiry
Planning Permission secured by Christopher Young QC and Leanne Buckley-Thomson for Extra Care development...

Date: Wed, 16 Sep 2020
The U-Turn and the Road Ahead: An Update on Exam Results 2020
Jake Rylatt provides an update regarding the Government U-turn on 17th August, how it affects the 2020 A-level and GCSE results and challenging grades & offers for affected students....

Date: Wed, 19 Aug 2020
COVID-19 – Enforcing safety guidelines in pubs and other licensed premises
On the 8th of August 2020, the Local Government Association (“LGA”) called for a new temporary public health or COVID-19 licensing objective to be inserted into the Licensing Act (“LA”) 2003...

Date: Fri, 14 Aug 2020
Results Day 2020: How to Appeal GCSE and A Level Results
This year there will be confusion and concern for students and staff alike...

Date: Thu, 13 Aug 2020
Possession Proceedings in a Post-Stay World: a CPR Update
Back in March 2020 the world became a very unusual place.  The government rushed to help us to navigate that world with guidance...

Date: Thu, 30 Jul 2020
The Ogden 8 my schedule
Stand by your schedules and counter-schedules, dig out those old Part 36 offers and get ready to apply to increase your costs budgets; the 8th edition of the Ogden Tables (“Ogden 8”) may impact on all three....

Date: Thu, 23 Jul 2020
A right to cross-examine? The current position
There is, generally, a right to cross-examine. It was established in the 1992 rules,[1] and is present in the same form in r 16(5) of the 2000 Rules[2]:...

Date: Tue, 21 Jul 2020
Above the Law
The second strand of Professor A V Dicey’s conception of the rule of law is that no man is above the law and everyone, whatever his condition or rank is, is subject to the ordinary laws of the land....

Date: Thu, 16 Jul 2020
Upper Tribunal revisits "What is an HMO?"
It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”)....

Date: Tue, 14 Jul 2020
Court of Appeal on: tilted balance, settlement boundaries and standard method
Oxton Farm v Harrogate BC [2020] EWCA Civ 805...

Date: Wed, 08 Jul 2020
Swift v Carpenter – Breaking accommodation claims down
The article below attempts to explain the background, simplify some of the new proposals and look at how accommodation claims may look in the near future...

Date: Fri, 03 Jul 2020
Costs and the expert
Dewinder Birk has set out two cases dealing with two different aspects of experts’ costs in private children cases...

Date: Wed, 01 Jul 2020
One size fits all?
The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787...

Date: Tue, 30 Jun 2020
The Client Earth/Drax Case
This case is a High Court challenge by statutory judicial review to the Secretary of State's decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire....

Date: Tue, 30 Jun 2020
Patient confidentiality - to breach or not to breach? (extended version)
If a father is suspected of suffering from Huntingdon's disease, should his daughter be told even if her father has not consented?...

Date: Mon, 29 Jun 2020
Admissibility of bespoke life expectancy evidence in Catastrophic Injury Cases
Toby Chaplin (by his mother and litigation friend, Diane Chaplin) v Ben Pistol, Allianz Insurance Plc...

Date: Mon, 22 Jun 2020
Discontinuing or settling a claim? Lawyers Beware
Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides guidance...

Date: Fri, 19 Jun 2020
High Court grants permission to judicially review local authority age assessment practice
On 17 June 2020 Mostyn J granted permission to the claimant, RM, to bring judicial review proceedings against the Manchester City Council...

Date: Fri, 19 Jun 2020
Parole board proceedings and the appointment of litigation friends: what is ahead?
In R (on the application of EG) v The Parole Board of England and Wales and Secretary of State for Justice [2020] EWHC 1457 (Admin) the High Court held that the Parole Board Rules 2019 contain a power for the Parole Board to appoint a litigation friend to act on behalf of prisoners who lack capacity to conduct their parole review....

Date: Mon, 15 Jun 2020
Political considerations & scientific considerations: where should the balance be struck?
This case is a pertinent reminder of the way in which political considerations can lawfully affect...

Date: Fri, 12 Jun 2020
A new dawn for secondary victim claims? Paul v Royal Wolverhampton NHST
The recent appeal decision in Paul v The Royal Wolverhampton NHS Trust is welcome news...

Date: Fri, 12 Jun 2020
A Local Authority v JB [2020] EWCA Civ 735 | No5 Barristers' Chambers
Where next when considering capacity concerning sexual relations?...

Date: Fri, 12 Jun 2020
Just a walk in the Park
Barlow v Wigan MBC – an important Highways case. McGeown and Gulliksen under attack?...

Date: Mon, 08 Jun 2020
MEF v St George’s Healthcare NHS Trust
Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision...

Date: Mon, 08 Jun 2020
The changing legal landscape of claiming surrogacy costs
The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital...

Date: Thu, 04 Jun 2020
Frustrated by COVID-19? Tell that to your contract
The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit....

Date: Wed, 03 Jun 2020
Interest on Special Damages
On 1 June 2020, the Court Funds Office varied the rate of interest for the first time since 2009, in direct response to Covid-19 and the Bank of England’s reduction to the base rate in March 2020....

Date: Mon, 01 Jun 2020
Judicial early neutral evaluation during coronavirus, friend or foe?
Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently...

Date: Mon, 01 Jun 2020
How will the ‘Covid-Economy’ affect personal injury litigation?
Personal injury and clinical negligence practices, as with much of life, are undergoing sudden and profound changes...

Date: Tue, 26 May 2020
The power to make a Public Path Diversion Order
Points for councils, vendors, purchasers and owners of adjacent land...

Date: Tue, 19 May 2020
Roberts Case Summary
The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed...

Date: Mon, 18 May 2020
Fixed Costs: The Impact of Contributory Negligence on Trial Advocacy Fees
CPR 45.29C sets out the amount of fixed costs payable in Fast Track claims...

Date: Mon, 18 May 2020
Housing vs Allocation: The Kings Hill Decision
By now, there may be some who need a gentle reminder that the home is preferable to the office. They need look no further than the Kings Hill decision...

Date: Tue, 05 May 2020
The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17
In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson...

Date: Wed, 29 Apr 2020
COVID19 Litigation Update
Almost three weeks ago saw the publication of the 118th Practice Direction Update to the Civil Procedure Rules....

Date: Tue, 28 Apr 2020
Re P (A Child remote Hearing) [2020] EWFC 32
On 16th April 2020, Sir Andrew McFarlane handed down a case management judgment...

Date: Fri, 24 Apr 2020
Putting the court before the horse
An unusual case of a developer seeking the intervention of the High Court...

Date: Fri, 24 Apr 2020
How will the standard of care be judged in these unprecedented times?
The use of the adjective “unprecedented” has been in overdrive in recent weeks...

Date: Thu, 23 Apr 2020
Vicarious Liability in the Supreme Court: Morrisons Strike Back
If at first you don’t succeed, try, try again. So the famous saying goes...

Date: Fri, 17 Apr 2020
Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin)
This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations....

Date: Wed, 08 Apr 2020
Case Comment: Alison Hook v SSHCLG and Surrey Heath BC [2020] EWCA Civ 486
Planning conditions are useful tools that can address a wide variety of objections. Conditions can enhance the quality of a development, mitigate its adverse effects, and pave the way to permission....

Date: Wed, 08 Apr 2020
Virtual Local Government and Virtual Planning Appeals
A short summary for lockdown week 2...

Date: Mon, 30 Mar 2020
Sentencing for the breach of enforcement notice: R v Bloor
It is notoriously difficult to predict the level of fines in planning cases. Not least because the guidelines are unhelpfully broad....

Date: Tue, 24 Mar 2020
Infrastructure and the Environment – some learning from Heathrow
At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus....

Date: Thu, 19 Mar 2020
Covid-19, Brexit and borders…what does it mean for the UK?
As countries start closing their borders under the escalating threat of Covid-19 what rights does the UK have and what about UK citizens in Europe?...

Date: Tue, 17 Mar 2020
False imprisonment: common ground?
Barrister Philip Rule examines the relationship between false imprisonment & Article 5 of the European Convention on Human Rights....

Date: Mon, 16 Mar 2020
Gladman Developments Ltd v. SSHCLG & Corby BC; & Uttlesford DC [2020] EWHC 518 (Admin)
These cases concerned challenges by Gladman to two appeal decisions made by Planning Inspectors relate to the interpretation of paragraph 11(d)(ii) of the National Planning Policy Framework issued in February 2019 (“NPPF”)....

Date: Thu, 12 Mar 2020
“Planning for the Future" – the headlines
MHCLG document Planning for the Future (12 March 2020) announcements...

Date: Thu, 12 Mar 2020
Patient confidentiality – to breach or not to breach?
ABC v St George’s Healthcare NHS Trust [2020] EWHC the 445 (QB) looks at patient confidentiality...

Date: Tue, 10 Mar 2020
What is the hidden impact of the menopause at the Bar?
Could menopause be impacting on the poor rates of retention of women at senior levels?...

Date: Fri, 28 Feb 2020
Planning Appeal Decision: Top 5 Lessons
Appeal Decision: Land at Clavering Walk, Cooden, Bexhill-on-Sea...

Date: Mon, 17 Feb 2020
Court of Appeal provides guidance on “borough-wide” injunctions
Bromley LBC v Persons Unknown [2020] EWCA Civ 12...

Date: Wed, 12 Feb 2020
We cannot lose sight of the illegality of forced marriage
It may be 2020 but forced marriages remain prevalent in this country despite being illegal under British law....

Date: Mon, 10 Feb 2020
Shamima Begum: judgment of the Special Immigration Appeals’ Commission
If Shamima Begum is not a national of Bangladesh, the Secretary of State cannot deprive her of her British citizenship....

Date: Mon, 10 Feb 2020
Guidance on the court’s approach to challenges to planning permissions for quarrying in green belt (Haden v Shropshire Council)
Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt...

Date: Thu, 23 Jan 2020
Costs Law Update (Q4 2019) from Chris Perry
As we approach the festive break my thoughts are drawn to...

Date: Fri, 20 Dec 2019
Maternity Leave and Merry Christmas from Leanne Buckley-Thomson
Leanne Buckley-Thomson writes about being a mother, her passion for her job & on returning to work...

Date: Tue, 17 Dec 2019
Rectify me if I’m wrong
In a decision handed down on 31 July 2019, the Court of Appeal in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361 have clarified the test for contractual rectification on the basis of common mistake....

Date: Mon, 16 Dec 2019
The Police Integrity Reforms – Latest Developments in the Draft 2019 Conduct Regulations
Once again, the Home Office has been busy. Having brought in a comprehensive package of regulations, most notably in 2008 and 2012, it now proposes to make further sweeping changes to the way that misconduct and performance procedures are handled....

Date: Wed, 04 Dec 2019
Perspective: being a Muslim woman at the Bar
As the Bar Council marks 100 years since the Sex Disqualification (Removal) Act 1919, which first allowed women to practise as lawyers, Nabila Mallick of No5 Barrister’s Chambers, speaks about her experience as a Muslim woman at the Bar....

Date: Thu, 28 Nov 2019
‘I’m a Celebrity – Get Me a Confidentiality Clause!’
Non-Disclosure Agreements in Financial Remedy Proceedings...

Date: Tue, 19 Nov 2019
The problem with the Rights of Entry (Gas and Electricity Boards Act 1954)
How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider...

Date: Wed, 23 Oct 2019
Proportionality - Compared with what? And how to assess.
Proportionality has been the watchword in costs for such a length of time that one might have...

Date: Thu, 10 Oct 2019
ATE Insurance Premiums – one door closed, another opened?
In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West...

Date: Thu, 10 Oct 2019
Moving Inevitably On: A Fixed Future on the Fast Track
Although to all outward appearances the machinery of government appears to have ground to halt......

Date: Tue, 08 Oct 2019
J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1]
Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision...

Date: Mon, 07 Oct 2019
Design – a renewed emphasis
By Richard Kimblin QC and Peter Goatley...

Date: Tue, 01 Oct 2019
When Two Become One: Wingfield v Canterbury City Council & HNC Developments LLP
When should two developments be treated as one for the purposes of the Environmental Impact Assessment Regulations 2017 (“the EIA Regulations”)?...

Date: Fri, 13 Sep 2019
Enforcement and competing Writs of Control – Who gets priority?
In 365 Business Finance Ltd -v- Bellagio Hospitality WB ltd (1) Mr Tanveer Singh Handa (2) [2019] EWHC...

Date: Thu, 05 Sep 2019
Recovering additional liabilities following a funding switch from Legal Aid
Teresa Hargreaves, Costs lawyer from No5 Barristers’ Chambers, considers the apparent turn of the tide following the recent decision in AB v Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB)....

Date: Tue, 03 Sep 2019
Battle over an airfield; housing, heritage, conservation and more
A Planning Inspector recently delivered a long-awaited decision following an appeal under Section 78 of the Town and Country Planning Act 1990....

Date: Thu, 08 Aug 2019
People Over Wind confirmed by Court in recent Judgment
The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act...

Date: Wed, 07 Aug 2019
What do you do when you've been granted planning permission by administrative error?
In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council...

Date: Wed, 07 Aug 2019
Out of time Inheritance Act claim - use of standstill agreements and hope for late claims?
Louise Corfield reviews the recent Court of Appeal Decision Cowan v Foreman [2019] EWCA Civ 1336...

Date: Wed, 07 Aug 2019
Duty of care: inadequate safety nets?
How far does the state's duty of care extend in protecting detained patients from self-harm?...

Date: Tue, 06 Aug 2019
Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery
Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging....

Date: Tue, 06 Aug 2019
Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG)
Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number...

Date: Mon, 05 Aug 2019
High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure
In a recent reported decision from the English High Court, the court re-examined the principles on which a Defendant can be cross-examined...

Date: Thu, 01 Aug 2019
Secretary of State allows appeal for 800 new homes on Greenfield Windfall Site
In his parting shot, James Brokenshire allowed an appeal for 800 new...

Date: Fri, 26 Jul 2019
The meaning of ‘sham’ revisited
The High Court has handed down its judgment in Broxfield Limited v Sheffield City Council [2019] EWHC 1946 (Admin)...

Date: Thu, 25 Jul 2019
Wiltshire Council –v- Cooper Estates Strategic Land Limited [2019] EWCA CIV 840: A victory for landowners and developers
The ability for any person to make an application to a Commons Registration Authority to register land...

Date: Mon, 22 Jul 2019
A Short Practical Guide to Section 73 Town and Country Planning Act and Lambeth LBC
Supreme Court cases on town and country planning are obviously important. Or are they?...

Date: Wed, 10 Jul 2019
How to demonstrate very special circumstances for new housing developments in the Green Belt
Chris Young examines an Housing Appeal allowed with very special circumstances...

Date: Tue, 09 Jul 2019
A win with a sting in the tail
The severability of post-employment restrictive covenants...

Date: Mon, 08 Jul 2019
Spotlight on Qualified One Way Costs Shifting
Gareth Compton examines the provisions of the CPR with regard to Qualified One Way Costs Shifting...

Date: Fri, 05 Jul 2019
Herbert v HH Law: A Review and its Potential Consequences
Whatever your view on the benefits, or otherwise, of the Jackson Reforms...

Date: Thu, 04 Jul 2019
The Perils of Presumptions
What happens to property owned by joint tenancy if you don’t know who died first?!...

Date: Thu, 04 Jul 2019
Misuse of private information in High Court Enforcement
Shakir Ali, Shahida Aslam -v- Channel 5 Broadcasting Limited [2019] EWCA Civ 677...

Date: Tue, 02 Jul 2019
All is fair in love and law: Is there a duty to inform the opposing party of its mistakes?
The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd...

Date: Thu, 20 Jun 2019
Legal Update: Section 73 Applications
In this legal update, Leanne Buckley-Thomson considers section 73 applications exploring recent...

Date: Thu, 20 Jun 2019
From Heathrow to Newport – Legal Complexity in Consenting Major Schemes
The Westminster government’s plans for a new runway at Heathrow have received a green light...

Date: Tue, 18 Jun 2019
Fraudulent Misrepresentation: Who has the burden of proof and what must be proved?
The recent decision of the Court of Appeal in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Entreprises Inc [2019] EWCA Civ 596 provides welcome clarification...

Date: Thu, 13 Jun 2019
Patients at risk: revisiting the extent of public bodies’ duties
While establishing that all psychiatric patients, regardless of status, are owed the same duty...

Date: Tue, 11 Jun 2019
The Late Payment Loophole
Adam Porte analyses the Loophole that threatens to undermine Government efforts to crack down...

Date: Mon, 03 Jun 2019
The interaction between planning and other regulatory controls - R(Squire) v Shropshire Council
The NPPF at paragraph 42 recognises that “other consenting bodies” have a part to play in...

Date: Thu, 30 May 2019
Exploring changes to deprivation of liberty regime
Private Client analysis: Alex Cisneros discusses the scope of changes introduced by the MC(A)A 2019...

Date: Thu, 30 May 2019
Habberfield v Habberfield: An Important Restatement of the Principles of Proprietary Estoppel
The recent Court of Appeal decision in Habberfield v Habberfield [2019] EWCA Civ 890 provides...

Date: Tue, 28 May 2019
How can mental capacity be assessed in the online sphere?
Two recent Court of Protection cases consider mental capacity and consent through the lens of internet and social media use....

Date: Wed, 22 May 2019
Employment law update: Robert Owen v (1)Amec Foster Wheeler Energy Limited and (2) James Shaughnessy [2019] EWCA Civ 822
Last week the Court of Appeal handed down this important judgment...

Date: Tue, 21 May 2019
Showing a good reason for delay: recent High Court decisions on the application of Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975
Section 4 of the 1975 Act provides that an application for an award under the Act “shall not, except with the permission of the court......

Date: Mon, 20 May 2019
Insolvency: Post Petition Dispositions of Property
Section 284 of the Insolvency Act 1986 acts to make void any disposition of property made by a bankrupt...

Date: Mon, 13 May 2019
When a child might be a child and when a child might not be a child
Age dispute cases have been notoriously difficult to deal with, both for the Courts, but also for the...

Date: Wed, 17 Apr 2019
Where will it end? A different perspective
The reach of the Supreme Court's decision in the goods and services discrimination complaint...

Date: Wed, 13 Mar 2019
The Planning Post: They're here! NPPF 2019 and updated PPG land
On 19th February 2019 the Government published its updates to the revised National Planning Policy Framework ("NPPF”) for England, giving us NPPF 2019. The revised NPPF (or NPPF 2018) replaced the initial NPPF (NPPF 2012), which was published on 27th March 2012....

Date: Tue, 26 Feb 2019
Provisional Assessment: Tactics and Pitfalls
Those reading this article will undoubtedly be familiar with the concept of provisional assessment since its introduction in 2013. Although initially proposed for cases where the costs claimed did not exceed 25,000 the limit imposed was in fact 75,000. A substantial number of cases that fall outside the scope of the fixed costs regime are now subject to provisional assessment....

Date: Sun, 24 Feb 2019
Part 36’s self-contained procedural code continues to attract some discretion
Costs lawyer specialist Stephen Goodfellow of No5 Barristers’ Chambers highlights a continuing theme of limited discretion in interpreting CPR 36, in recent case law....

Date: Wed, 20 Feb 2019
The impact of costs budgeting on detailed assessments: the great uncertainty?
Costs budgeting has been going on for years now with Costs Management Orders handed out like confetti is thrown at weddings....

Date: Tue, 19 Feb 2019
Brexit worries drain confidence in EU reference procedure
In a legal first, Brexit prevents High Court from clarifying if it has jurisdiction in a human rights claim against the EU....

Date: Sun, 17 Feb 2019
To have and to hold – and the prenup
It may be that the divorce rate for heterosexual couples in England and Wales has hit a 45-year low, but if your marriage becomes a statistic, how can you protect your wealth?...

Date: Sun, 10 Feb 2019
Amputation/subsequent prosthetic use in cases of Chronic Regional Pain Syndrome
Chris Bright QC and Paul Evans of No5 Chambers, instructed by Laura Harper of Thompsons Solicitors Birmingham, recently acted for a Claimant in an unusual and interesting claim in which a claimant suffering from Complex Regional Pain Syndrome ("CRPS”) underwent an elective left above-knee amputation. The decision to do so was challenged by the Defendant but, following a transfemoral amputation the Claimant had become a successful and active prosthetics user....

Date: Sun, 27 Jan 2019
Costs of ‘unwanted’ child not recoverable for public policy considerations
In ARB v IVF Hammersmith and Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child....

Date: Thu, 10 Jan 2019
Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?
The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally....

Date: Wed, 19 Dec 2018
Charles Crow reviews the benefits and perils of Permanent Health Schemes in employment contracts
In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd [2002] IRLR 607, amongst others) to the effect that a term will be implied into contracts of employment that "once the employee has become entitled to payment of disability income due under the long-term disability plan, the employer will not dismiss him on the grounds of his continuing incapacity to work”.  But is this apparently Claimant-friendly decision potentially a two-edged sword?...

Date: Wed, 12 Dec 2018
Experts’ Agendas – a Warning from the Bench
This article originally appeared in the AvMA Lawyers Service Newsletter (November&nbs...

Date: Sun, 09 Dec 2018
A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson
Venous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most ...

Date: Sun, 02 Dec 2018
Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury
In County Courts around the country over the past year, it has become ‘fashionable’ to a...

Date: Sun, 18 Nov 2018
Hewes: Claimant in a Clinical Negligence Claim Successfully Appeals Against Summary Judgment
Hewes v (1) West Hertfordshire Hospitals NHS Trust; (2) East of England Ambulance Service NHS Trust;...

Date: Thu, 25 Oct 2018
Bellman v Northampton Recruitment Limited: vicarious liability revisited
The Court of Appeal has allowed the Claimant’s appeal in Clive Bellman (A Protected Party By H...

Date: Mon, 15 Oct 2018
Gay cake: an extra slice
Anthony Korn sums up the Supreme Court’s much publicised ruling in Lee  v Ashers Baking C...

Date: Thu, 11 Oct 2018
Claims against non-medical NHS staff: Darnley in the Supreme Court
Mr Darnley attended the A and E department at Mayday Hospital, Croydon, on 17th May 2010 having su...

Date: Thu, 11 Oct 2018
Rosewell Review: Improving the Planning Appeal Inquries Process - Call of Evidence
Response from Christopher Young QC, No5 Barristers' Chambers...

Date: Thu, 13 Sep 2018
Caution ! Dangers and Pitfalls in Drafting the Experts’ Agenda
Since I posted my Top Ten Tips for experts’ meetings, the recent decision by Mrs Justice Yip i...

Date: Wed, 29 Aug 2018
Successful appeals cancels dismissal
In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of Appeal gave clarificat...

Date: Tue, 07 Aug 2018
The Supreme Court ruling on ending life
After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a p...

Date: Wed, 01 Aug 2018
Cardiotocography: An Introduction
This article originally appeared in the AvMA Lawyers Service Newsletter (June 2018) Cardiotoc...

Date: Mon, 30 Jul 2018
The standard of proof in inquest cases concerning acts of suicide – an update
The Divisional Court has delivered an important judgment concerning the appropriate standard of proo...

Date: Sun, 29 Jul 2018
Legal Viewpoint: Framework offers clarification, simplification and focus on homes delivery
Three of the main issues the revised National Planning Policy Framework (NPPF), published on Tuesday...

Date: Sun, 29 Jul 2018
In praise of the 1961 Statelessness Convention - by Alison Harvey
This article originally appeared on European Network on Statelessness.  View the original artic...

Date: Thu, 26 Jul 2018
Not NPPF2: A case about prior approval applications and appeals
Download this publication here: http://www.no5.com/cms/documents/Not%20NPPF2.pdf Link to judg...

Date: Wed, 25 Jul 2018
Mills v Mills Spousal Maintenance – A Meal Ticket for Life?
Link to judgment: https://www.supremecourt.uk/cases/docs/uksc-2017-0040-judgment.pdf On the 18...

Date: Mon, 23 Jul 2018
Japanese Knotweed and Private Nuisance - Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514
Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 Court of Appeal clarifies that, w...

Date: Sun, 15 Jul 2018
Disability related error of judgment amounts to discrimination arising from disability
Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal  in City o...

Date: Tue, 10 Jul 2018
Valued Landscapes – A Legal Perspective
Valued Landscapes – A Legal Perspective...

Date: Tue, 03 Jul 2018
Claimant Secures Costs Despite ‘Dishonest’ Conduct
Personal Injury and costs law specialist Stephen Goodfellow of No5 Barristers’ Chamb...

Date: Tue, 26 Jun 2018
‘Valued Landscape’ – not a ‘restrictive policy’
On 9th June the High Court settled this long-running conundrum by sealing a consent order in which t...

Date: Thu, 14 Jun 2018
Is the test for unfair dismissal in conduct cases going to change?
Does Burchell face an uncertain future? Arnold J’s ruling in British Home Stores Ltd v Burche...

Date: Thu, 31 May 2018
Top Ten Tips for Instructing Experts
Dr Simon Fox QC gives his top ten tips for instructing experts: Less is more. I generally see...

Date: Mon, 28 May 2018
Procedure: Interim Relief
When considering the postponement of an interim relief hearing, can counsel's availability amoun...

Date: Wed, 16 May 2018
Rulings Could Change Nature of UK "Gig" Economy
Crucial rulings affecting thousands of workers in the fast - growing "gig" economy will in...

Date: Sun, 13 May 2018
Clinical Negligence Update – a summary of all the important cases from the last year
The last year has seen a number of significant cases as clinical negligence law continues to evolve....

Date: Thu, 10 May 2018
Recent Case Concerning Habitats Directive
Those promoting and determining development proposals in the area of influence of sites protected un...

Date: Tue, 08 May 2018
NPPF Consultation: Housing delivery test - powerful tool or chocolate teapot?
Question 12 of the consultation on the revised NPPF asks “Do you agree with the applicati...

Date: Mon, 07 May 2018
Finding liability - Mamta Gupta reports on complications caused by vaginal mesh treatment and highlights two litigation pathways
The litigation of vaginal mesh is becoming more and more widespread. This may be as a result of incr...

Date: Wed, 11 Apr 2018
New Vento Bands in Force
The term “Vento bands” has been a known short-hand to Employment Law practitioners eve...

Date: Tue, 10 Apr 2018
Judicial Review of Written Ministerial Statement on Neighbourhood Plans overtaken by revised NPPF
The Judicial Review of the Written Ministerial Statement ("WMS") on Neighbourhood Developm...

Date: Mon, 09 Apr 2018
Legal Viewpoint: How revised framework has been shaped by litigation
The interpretation of the National Planning Policy Framework (NPPF) has been subject to some very...

Date: Wed, 04 Apr 2018
Equal pay: As employers face criticism over their gender pay gap figures, how does the law protect equality of employment terms?
The full-time gender-pay gap has been decreasing since 1975, however there is still at 16% differenc...

Date: Tue, 03 Apr 2018
The A to Z of conducting investigations
ACAS The first port of call for any investigating officer (“IO”) is the ACAS Code of Pr...

Date: Tue, 20 Mar 2018
Washing Machines, Oil Rigs and Waste – Health & Safety Investigations and Enforcement Update – Spring 2018
The new year has begun with three important appeal decisions that will be of particular interest t...

Date: Thu, 08 Mar 2018
NPPF Revisions – Spin v Reality
On Monday 5 March 2018 draft revisions to the NPPF were published. The previous day the Secretary ...

Date: Sun, 04 Mar 2018
Who can consent to a deprivation of liberty for children and young persons? - a practical guide
By Emma Sutton (No5 Barristers' Chambers) and Jess Flanagan (Senior Associate, Clarke Willmott S...

Date: Thu, 22 Feb 2018
'Nationality law: righting the wrongs of history article' by Alison Harvey
At a glance This article, written by Alison Harvey, looks at the effects of the differential treatm...

Date: Wed, 07 Feb 2018
Fluctuating capacity and how to address future uncertainties of care planning in a section 21A appeal
Re MB [2017] EWCOP B27 (HHJ Parry) By Emma Sutton (instructed on behalf of MB) and R...

Date: Tue, 30 Jan 2018
Intervention in Judicial Review proceedings
A paper written by Chris Johnson of CLP and Tim Jones of No5 Barristers' Chambers   1. Thi...

Date: Thu, 25 Jan 2018
Illegality in the context of employment contracts apparently contravening immigration law
Does knowledge that a contract of employment is not temporary (contrary to immigration law) render i...

Date: Sun, 21 Jan 2018
Claudia’s Law: still waiting for help for families of missing people
This publication was originally published by The Justice Gap: http://thejusticegap.com/2018/01/...

Date: Sun, 14 Jan 2018
Cohabitees, bereavement damages and ‘fake news’
Can a cohabitee who has lived with somebody as their husband/wife/civil partner for 2 years or more ...

Date: Thu, 14 Dec 2017
Rescue or empowerment? High Court considers definition of trafficking
This article originally appeared on https://www.freemovement.org.uk/high-court-human-traffickin...

Date: Mon, 11 Dec 2017
Planning for Infrastructure in Wales
Devolution of power: the impacts of devolution on the delivery of new infrastructure...

Date: Tue, 17 Oct 2017
A Wider Information Duty?
Thomas v Triodos Bank NV [2017] EWHC 324 (QB):   This practice note explains the decision in T...

Date: Thu, 21 Sep 2017
BREXIT: Brave New World?
The Brexit vote was about taking back control that had been given up at UK level by the succinct ter...

Date: Tue, 29 Aug 2017
The Interface between the Mental Capacity Act and the Mental Health Act – Capacitous Consent and Conditional Discharge
The Interface between the Mental Capacity Act and the Mental Health Act – Capacitous Consent a...

Date: Thu, 15 Jun 2017
Case Summary: N v ACCG and others [2017] UKSC 22
Case Summary N v ACCG and others [2017] UKSC 22 Introduction On 22 March 2017, the Supreme Court d...

Date: Thu, 15 Jun 2017
Re IH (Observance of Muslim Practice) [2017] EWCOP 9 Cobb J
Re IH (Observance of Muslim Practice) [2017] EWCOP 9 Cobb J Substituted decision making and the best...

Date: Thu, 15 Jun 2017
Supreme Court: The Richborough/Suffolk Coastal Judgment
Supreme Court: The Richborough/ Suffolk Coastal Judgment  What the case means for the developm...

Date: Tue, 09 May 2017
Richborough Estates win their case in the Supreme Court - but Cheshire East correct on the critical NPPF interpretation point
The Supreme Court has today (10 May 2017) given judgment in the Cheshire East / Suffolk Coastal case...

Date: Tue, 09 May 2017
Quick Glance Summary of the Law Commission Report on DOLS
Quick Glance Summary of the Law Commission Report on DOLS On 13 March 2017 the Law Commission publi...

Date: Thu, 20 Apr 2017
Shoulder Dystocia - An ever-changing landscape
Mamta Gupta reviews the continuing developments in the understanding of obstetric brachial plexus in...

Date: Tue, 06 Dec 2016
High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development
Hibbitt v Secretary of State for Communities and Local Government [2016] EWHC 2853. The High Cour...

Date: Thu, 17 Nov 2016
Some Lessons from Uber
Anthony Korn highlights some lessons from the much publicised and controversial tribunal ruling in A...

Date: Sun, 30 Oct 2016
The right of a natural father without parental responsibility to receive notice of adoption proceedings
This short article examines the law concerning the right of a natural father without parental respon...

Date: Sun, 18 Sep 2016
Sustainable Development: Does the NPPF Paragraph 14 ensure that future generations can meet their own needs?
The Journal of Planning Law has just published (issue 8) an article written by Richard Humphreys QC:...

Date: Sun, 17 Jul 2016
Forced Marriages and Domestic Abuse Webinar
Domestic abuse and forced marriage continue to produce a number of cases each year. This webinar wil...

Date: Mon, 04 Jul 2016
Anthony Korn Examines the Potential Implications of Brexit on Employment Law
One area of law where Brexit may have an impact is employment law. Leaving aside Treaty obliga...

Date: Thu, 30 Jun 2016
Hawk Recovery Ltd v (1) Nicholas John Hall (2) Susan Hall (3) Brunswick Wealth LLP (2016) [2016] EWHC 1307 (Ch)
Litigation is often personal. Parties will often know one another prior to commencing proceedings. B...

Date: Mon, 13 Jun 2016
Compensation for Injury to Feelings Taxable - An Update
Postscript The ruling of the First Tier Tribunal has been upheld by the Upper Tribunal (Tax and cha...

Date: Wed, 08 Jun 2016
Credit Hire - litigation still continues
It is often queried if credit hire litigation is going to come to an end. Post Karl Stevens v Equity...

Date: Sun, 05 Jun 2016
How Much Can I Claim?
Every year the Government reviews and uprates the level of employment protection payments.  The...

Date: Thu, 26 May 2016
Pension Reform Scams - The Next Mis-selling Scandal
This was the stark warning issued by the Commons’ Work and Pensions Committee in its report pu...

Date: Tue, 17 May 2016
BIS pursue prosecutions under section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992
Administrators and directors of ailing companies should be aware of the recent prosecutions being br...

Date: Wed, 11 May 2016
A bolt out of the blue – another winning strike for delayed flight claimants
In January, there was yet another twist in the plot of the ever-developing law regarding delayed fli...

Date: Tue, 15 Mar 2016
Can an employer be liable for an assault on a customer by an employee?
Today the Supreme Court in Mohamud v WM Morrison Supermarkets plc (Respondent) [2016] UKSC 11 handed...

Date: Tue, 01 Mar 2016
Health and safety and corporate manslaughter—looking ahead to 2016
Corporate Crime analysis: Alex Stein, barrister at No5 Chambers specialising in criminal and regulat...

Date: Wed, 06 Jan 2016
Health and safety and corporate manslaughter—2015 in review
Corporate Crime analysis: Alex Stein, barrister at No5 Chambers specialising in criminal and regulat...

Date: Sun, 03 Jan 2016
Bees and Trees
Bees Neonicitinoids are a group of active ingredients in plant protection products (pesticides). &nb...

Date: Sun, 13 Dec 2015
Security for Judgment Debts: Charging Orders
In the recent case of Walton and Walton v Allman [2015] EWHC 3325 (Ch) the High Court has given we...

Date: Tue, 08 Dec 2015
Automatic Permission for Housing on Brownfield Sites
The present situation (1) The NPPF 1.    The National Planning Policy Framework&rsqu...

Date: Mon, 30 Nov 2015
The Law Behind Grammar Schools
Education Secretary, Nicky Morgan, has approved the opening of a new satellite school in Sevenoaks, ...

Date: Thu, 29 Oct 2015
Environmental Crime on DEFRA Consultation Response
Earlier this year DEFRA sought views on proposals to enhance the enforcement powers to tackle entren...

Date: Tue, 13 Oct 2015
Yes you can discriminate against a company (but you shouldn’t!)
How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring ...

Date: Wed, 07 Oct 2015
Getting Paid For Sleeping On The Job - The National Minimum Wage
In certain occupations, it is common for the employment contract to require the employee to sleep ov...

Date: Tue, 29 Sep 2015
Discrimination in the Provision of Services and Public Functions
Tim Jones barrister at No5 Chambers, recently co-presented a seminar...

Date: Sun, 20 Sep 2015
Time Limits in Commercial Contracts – Ignore Them at Your Peril!
The recent media storm concerning the collapse of Manchester United’s transfer deal for its go...

Date: Thu, 10 Sep 2015
Fees Order Challenge Rejected
In R (on the application of Unison) v Lord Chancellor [2015] EWCA Civ 935, the Court of Appeal has r...

Date: Mon, 07 Sep 2015
Unfair (banking/credit) Relationships - Relief under Sections 140A–140D of the Consumer Credit Act 1974
Under sections 140A-140D of the Consumer Credit Act 1974 credit transactions may be re-opened as a m...

Date: Wed, 02 Sep 2015
A duty to facilitate an individual’s release
“Our starting point is that it is not acceptable in the twenty-first century for thousands of ...

Date: Tue, 01 Sep 2015
Where do the boundaries lie? MN (ADULT) [2015] EWCA Civ 411
Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of t...

Date: Tue, 01 Sep 2015
Child Actors in Public Law
The problem of children in public law and what to do about it unites and then divides the superior l...

Date: Tue, 01 Sep 2015
Human tissue and article 8 ECHR
The Human Tissue Act 2004 (HT Act) replaces the Human Tissue Act (1961), Anatomy Act (1984) and the ...

Date: Tue, 01 Sep 2015
Inquests & Deprivation of Liberty
In December 2014, the Chief Coroner issued guidance as the approach to be taken when someone dies at...

Date: Tue, 01 Sep 2015
The Lingering Gender Pay Gap
Jessica Smeaton looks at the government’s new consultation paper and the impact on large emplo...

Date: Mon, 24 Aug 2015
False imprisonment, part 2: Are our rights stronger in Europe?
A recent Court of Appeal case concerning false imprisonment should have been led by ECHR case law, i...

Date: Sun, 26 Jul 2015
False imprisonment, part one: A right to compensation?
Laura Davidson argues that until the Supreme Court reviews a recent Court of Appeal decision, compen...

Date: Sun, 26 Jul 2015
Operation Elveden: The Wider Issues
The decision of the Prosecution to offer no evidence against former News of the World journalist Luc...

Date: Wed, 22 Jul 2015
Mea Culpa: The Legal Position Around Apologising
Corporate Crime analysis: The General Medical Council (GMC) and the Nursing and Midwifery Council (N...

Date: Tue, 14 Jul 2015
R (on the Prosecution of the Environment Agency) v Thames Water Utilities Limited [2015] EWCA (Crim) 960
In R (on the Prosecution of the Environment Agency) v Thames Water Utilities Limited [2015] EWCA (Cr...

Date: Mon, 13 Jul 2015
Saga delayed: A report on the continuing West Tankers saga
Tim Jones reports on the continuing West Tankers saga. Article written for and published by Eur...

Date: Sun, 05 Jul 2015
Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid”
Introduction There are three principal weapons in the local authority armoury to tackle breaches of...

Date: Wed, 01 Jul 2015
How Interesting? The public interest disclosure requirement of s.43B(1) of the Employment Rights Act
Not everything that may be interesting to the public is likely to be 'in the public interest&#39...

Date: Mon, 29 Jun 2015
You may be the client but I don’t work for you
As is well known, since 2006, TUPE has applied where a client decides to engage a new service provid...

Date: Thu, 25 Jun 2015
Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person
The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can...

Date: Sun, 21 Jun 2015
Employment Law Changes on the Horizon: Queen’s Speech - 27 May 2015
There is always an employment law dimension in Queen’s Speeches, and this one is no different....

Date: Tue, 26 May 2015
CASE NOTE: LHS v First-Tier Tribunal & CICA Judicial Review before Mr Justice Jay – Judgment 21st April 2015
Adam Farrer, member of No5 Chambers, was led by James Eadie QC (Blackstone Chambers) acting for...

Date: Mon, 18 May 2015
Jenny Wigley: When can standard costs on liability orders be claimed?
Jenny Wigley has recently been interviewed by Evelyn Reid from Lexis PSL, discussing ‘Whe...

Date: Thu, 14 May 2015
Employment Group Investigation Work - Who moved my Cheese?
It is no secret at the Employment Bar that there is less Employment Tribunal advocacy work around no...

Date: Tue, 28 Apr 2015
Operation Elveden - What Were The Legal Issues?
Excerpt of article written by Michelle Heeley for Halsbury's Law Exchange. Operation Elveden wa...

Date: Sun, 26 Apr 2015
Moore v Secretary of State: The Consequences for Gypsy and Traveller Planning
Tim Jones, barrister at No5 Chambers, recently presented a seminar titled 'Moore ...

Date: Thu, 23 Apr 2015
Tim Jones and James Corbet Burcher speak at UKELA and PEBA Seminar on Neighbourhood Planning
Tim Jones and James Corbet Burcher, members of No5 Chambers Planning and Environment Group, s...

Date: Wed, 22 Apr 2015
Private Children Law Update: Cases published in March 2015
Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law up...

Date: Wed, 08 Apr 2015
‘In The Alternative’: Proprietary Estoppel in Cohabitation Cases - The Impact of the Decision in Blackburn v. Southwell
Last summer the case of Southwell v Blackburn came before the Court of Appeal. The subject of the ap...

Date: Tue, 31 Mar 2015
Family Court Key Decision Review: Part 1
In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key dec...

Date: Sun, 29 Mar 2015
Montgomery Rules following the demise of Sidaway
The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 ...

Date: Sun, 29 Mar 2015
The West Tankers Saga – Arbitration, Anti-suit Injunctions and EU Law
Tim Jones was an invited speaker at a seminar on international arbitration organised by the Bul...

Date: Tue, 03 Mar 2015
Private Children Law Update: Cases published in January and February 2015
Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law up...

Date: Thu, 26 Feb 2015
Novating Mis-Sold Swaps: The Poverty of Narrowly Contractual Analysis
An article by Paul Marshall, published in the January issue of Butterworths Journal of Internat...

Date: Mon, 02 Feb 2015
Avoiding the Accidental Settlement
The question of whether two Parties have entered in to a binding settlement compromising a case is ...

Date: Mon, 12 Jan 2015
Can Too Many Tweets Make An Unfair Dismissal?
Russell Holland reviews the case of Game v Laws UKEAT/0188/14 which concerned an employee ...

Date: Sun, 11 Jan 2015
Can Employment Tribunals Conduct Their Own Internet Research?
Richard Adkinson reviews the recent decision of NHS Trust v Sanders UKEAT/0217/14/RN which concerned...

Date: Sun, 11 Jan 2015
The Equality Act 2010: The interplay of the employment and educational protections
Naomi Owen looks at the recent decision from HHJ Eady QC in Blackwood v Birmingham and Solihull Ment...

Date: Sun, 11 Jan 2015
Judges Behaving Badly?
Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicia...

Date: Sun, 11 Jan 2015
Holiday Pay Cases – What Does It All Mean?
Helen Barney discusses the landmark Employment Appeal Tribunal case concerning holiday pay of  ...

Date: Sun, 11 Jan 2015
Are Covert Recordings Admissible?
Charles Crow reviews recent decisions in relation to covert recordings by employees and the implicat...

Date: Sun, 11 Jan 2015
No work - No pay - Injunction anyway
Anthony Korn considers the Court of Appeal ruling in Sunrise Brokers LLP v Rogers [2015] IRLR 57. I...

Date: Thu, 08 Jan 2015
Gypsies and Travellers: “A litmus test not of democracy but of civil society”
Tim Jones, barrister at No5 Chambers, recently gave a talk titled 'Gypsies and Travell...

Date: Wed, 17 Dec 2014
Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review
Becket Bedford, barrister at No5 Chambers, recently gave a talk titled 'Access To Just...

Date: Mon, 15 Dec 2014
Judicial Review: Case Update
Philip Dayle, barrister at No5 Chambers, recently presented a Case Upate at the Judic...

Date: Sun, 14 Dec 2014
Housing: Homeless Persons and Review of Accommodation Needs
Tim Jones, barrister at No5 Chambers, recently gave a talk titled ‘Housing: Homeless Pers...

Date: Mon, 08 Dec 2014
Humpty Dumpty is broken: “unsuitable” and “inappropriate” swaps transactions
An article by Paul Marshall, published in the December issue of Butterworths Journal of Internationa...

Date: Sun, 07 Dec 2014
Forced Marriage: An Update - Recent Developments and Case-Law
Adreeja Chatterjee, barrister at No5 Chambers, recently gave a talk titled ‘Forced Marria...

Date: Thu, 04 Dec 2014
Boundaries And The Interpretation Of Conveyances: Myths And Legends
Marc Wilkinson, barrister at No5 Chambers, recently gave a talk titled ‘Boundaries And Th...

Date: Thu, 27 Nov 2014
Real Property - Protection of Sub-Purchasers’ Interests Under Sub-Sale Contracts
David Taylor, barrister at No5 Chambers, recently gave a talk titled ‘Real Property - Pro...

Date: Wed, 26 Nov 2014
Zero Hours Contracts
Russell Bailey, member of No5 Chambers Employment Group, recently gave a talk ab...

Date: Thu, 13 Nov 2014
Commercial Leases: Break Clauses
Richard Adkinson, barrister at No5 Chambers, recently gave a talk titled ‘Commercial Leas...

Date: Wed, 12 Nov 2014
Let’s have a chat (‘off the record’)
Richard Hignett, Employment barrister at No5 Chambers, recently gave a talk titled ‘...

Date: Tue, 11 Nov 2014
Children and Families Act: Key Messages
Russell Holland, Education barrister at No5 Chambers, recently gave a talk titled ‘C...

Date: Mon, 10 Nov 2014
‘When All Else Fails’ A Users Guide to Proprietary Estoppel and Equitable Accounting
Ashley Wynne, family law barrister at No5 Chambers, recently gave a talk titled '‘When All...

Date: Sun, 09 Nov 2014
Amendments To Tupe: 4 Key Changes
Anthony Korn, member of No5 Chambers Employment Group, recently gave a talk titled &#...

Date: Sun, 02 Nov 2014
Tread Carefully: A hop, skip and jump through the Habitats Regulations
Satnam Choongh and Hashi Mohamed, members of No5 Chambers Planning and Environment Law Group,...

Date: Wed, 29 Oct 2014
Inheritance And Trustees’ Powers Act 2014
Nicola Preston, member of No5 Chambers Commercial and Chancery Group, recently gave a talk titled ...

Date: Mon, 27 Oct 2014
Enforcement Remedies: A Practical Guide
Adreeja Chatterjee member of No5 Chambers Family Group recently gave a talk titled 'Enforcement&...

Date: Tue, 21 Oct 2014
Financial Provision For The Child
Heather Popley, family law barrister at No5 Chambers, recently gave a talk titled 'Financial Pro...

Date: Sun, 19 Oct 2014
Planning Law Legal Update
Jenny Wigley and Kevin Leigh, members of No5 Chambers Planning and Environment Law Group...

Date: Thu, 16 Oct 2014
Legal Services Payment Orders and Maintenance Pending Suit
Anne Smallwood, family law barrister at No5 Chambers, recently gave a talk titled 'Section 22 Z ...

Date: Wed, 15 Oct 2014
Love Thy Neighbour - An update on Neighbourhood plans
Chris Young and James Corbet Burcher recently gave a talk titled 'Love Thy Neighbour: An ...

Date: Wed, 15 Oct 2014
Rectification of Wills Following Marley v Rawlings
David Mtichell, member of No5 Chambers Commercial and Chancery Group, recently gave a talk ti...

Date: Tue, 14 Oct 2014
Conflict, Clausewitz & The Court of Appeal
Article by Paul Marshall in Counsel Magazine October 2014 issue criticising the Court of Appeal deci...

Date: Mon, 13 Oct 2014
Public Access Work For The Young Bar
“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinven...

Date: Wed, 01 Oct 2014
When Is Whistleblowing in the Public Interest?
Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Re...

Date: Thu, 18 Sep 2014
Guidance on Costs
Gemma Roberts provides an update on the latest guidance on costs. In early September the Employment...

Date: Thu, 18 Sep 2014
Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract
Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA)&nbs...

Date: Thu, 18 Sep 2014
Lawful Age Discrimination?
Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns...

Date: Thu, 18 Sep 2014
Compensation for Injury to Feelings Taxable
Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Comm...

Date: Thu, 18 Sep 2014
The Latest Guidance On The Enforceability Of Restrictive Covenants
Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the case...

Date: Wed, 17 Sep 2014
The Right to Die: A Moral or Legal question? Or Both?
By Hashi Mohamed Late last month the Supreme Court of the UK handed down a judgment on the cases of...

Date: Wed, 17 Sep 2014
Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16
By Nageena Khalique This recent case in the Court of Protection considered best interests in the co...

Date: Wed, 17 Sep 2014
Proposed Legislative Changes To Judicial Review: The Current Position
By Jenny Wigley The Criminal Justice and Courts Bill, which introduces significant changes to judic...

Date: Wed, 17 Sep 2014
IRHPs Mis-selling Claims Update: Consequential Losses
Written by Susanne Muth FCA Review In May 2013 nine banks[1] (“the Banks”) agreed to r...

Date: Mon, 18 Aug 2014
Understanding Serious Brain Injury
Written by Satinder Hunjan QC At any time, as those who have suffered a serious injury to the brain...

Date: Tue, 15 Jul 2014
Ready, Steady, Go! Jersey Race begins 1st September 2014
Irvine Maccabe reviews new statutory provisions outlawing race discrimination in Jersey In 2003 the...

Date: Tue, 01 Jul 2014
Wrongful dismissal, unfair dismissal, or both
Wrongful dismissal, unfair dismissal, or both; that is the question posed by Charles Crow and Alexan...

Date: Tue, 01 Jul 2014
Change of location and TUPE
Anthony Korn reviews the EAT’s ruling in Donnelley Global Document Solutions Group Ltd v Besag...

Date: Tue, 01 Jul 2014
Associative Discrimination: How far does associative discrimination extend beyond direct discrimination and harassment?
Russell Holland considers the impact of the recent decision of the Court of Appeal in Hainsworth v M...

Date: Tue, 01 Jul 2014
Outstanding holiday entitlement on death
Richard Adkinson considers the ruling of the First Chambers of the CJEU has ruled in Gülay Boll...

Date: Tue, 01 Jul 2014
Regulatory enforcement of the minimum wage
Employers Beware – naming and shaming those who don’t pay the NMW. Regulatory enforcemen...

Date: Tue, 01 Jul 2014
Born Fee?
Tim Sheppard reviews the recent challenge to Tribunal Fees. Fees have of course been payable in res...

Date: Mon, 21 Apr 2014
Criminal Parallel proceedings – when is it appropriate for parties to postpone?
Naomi Owen considers the pros and cons of applying for a postponement when criminal proceedings are ...

Date: Mon, 21 Apr 2014
“Oy Judge! Stop cross-examining my witness!”
Court hearings in the UK are generally conducted on an adversarial basis where each litigant present...

Date: Mon, 21 Apr 2014
A new horizon for Pre-Claim Conciliation
Mugni Islam-Choudhury considers the new rules on pre-claim conciliation which become compulsory from...

Date: Mon, 21 Apr 2014
Admissibility of covert tape recordings in employment tribunal cases
Russell Holland examines the EAT’s ruling in Punjab National Bank v Gosain UKEAT/0003/14/SM, t...

Date: Mon, 21 Apr 2014
When does a procedural shortcoming make a dismissal unfair?
Russell Bailey considers the circumstances in which a procedural error may lead to a finding of unfa...

Date: Mon, 21 Apr 2014
Immigration Law For Employers
Nabila Mallick summarises the key points of immigration law for employers. The purposes of this Art...

Date: Mon, 21 Apr 2014
Changes in the law on Habitual Residence
By Sara McCarthy Over the last 12 months there have been substantial developments in the law on hab...

Date: Wed, 19 Mar 2014
Update: Joint Ownership of Property - A Round–Up of the Major Decisions in the Wake of Jones v. Kernott
By Ashley Wynne The twin ‘seismic’ cases in the area of co-habitation disputes of Stack...

Date: Wed, 19 Mar 2014
Planning Practice Guidance: An Overview
By Victoria Hutton Introduction Planning Practice Guidance: An Overview Introduction On 6 March ...

Date: Sun, 09 Mar 2014
The Mis-Selling of Interest Rate Swaps - A Discussion
The article can be downloaded here: Paul Marshall JIBFL Article     Paul Marshall ...

Date: Sun, 23 Feb 2014
Judicial Review In Planning - Further Changes Are Afoot!
Following recent announcements in the press, including a front page headline in The Times this week,...

Date: Wed, 05 Feb 2014
Leave to remain and the opportunity to remedy deficiencies in applications
Immigration analysis: Should the Secretary of State be required to make further enquiries in every c...

Date: Mon, 03 Feb 2014
Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson
By Laura Davidson In P and Q v Surrey County Council and Others [2011] EWCA Civ 190, the Court of...

Date: Sun, 08 Dec 2013
Managing conflicts of Interest for GPs
David Lock QC has written a guide to managing conflicts of interests for GPs. The guide can be down...

Date: Wed, 04 Dec 2013
Case Law developments on recusal
The circumstances in which a Judge or a Tribunal Member might be requested or required to recuse themselves is considered by Gemma Roberts together with the relevant case law....

Date: Tue, 03 Dec 2013
Apparent bias as a result of ET Judge’s connection with her husband’s law firm
By Irvine Maccabe Turmoil above Ann Summers* The issue of apparent bias in the Jersey Employment T...

Date: Tue, 03 Dec 2013
Unfair dismissal claims and competing jurisdictions
By Nigel Brockley When do Employment Tribunals have jurisdiction to hear unfair dismissal complaint...

Date: Tue, 03 Dec 2013
Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence
By Jack Feeny Jack Feeny reports on the EAT’s recent ruling in Norbet Denressangle Logistics ...

Date: Tue, 03 Dec 2013
When private counselling is a reasonable adjustment under the Equality Act?
By Richard Adkinson The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/05...

Date: Tue, 03 Dec 2013
Government publishes TUPE amendment regulations
By Anthony Korn As predicted in our autumn newsletter, the Government has now published its propose...

Date: Tue, 03 Dec 2013
Lawyers want whistleblowing rules simplified
By Anthony Korn Statutory framework details ‘must change’ to encourage employees to rep...

Date: Tue, 03 Dec 2013
Whistleblowing consultation should tackle unjustified restrictions
The government's consultation is the opportunity to address key shortfalls in the current law, s...

Date: Sun, 24 Nov 2013
Dress Codes And Discrimination Claims
By Nabila Mallick Dress codes in the workplace are not uncommon[1]. Most Employers have a certain s...

Date: Wed, 06 Nov 2013
Is this the end for Swap Mis-selling Claims?
One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products....

Date: Sun, 20 Oct 2013
The Right to Pray and Work
By Nabila Mallick Recently I represented a white muslim convert[1]lady to Islam in a claim of direc...

Date: Sun, 13 Oct 2013
CCTV in Employment Tribunal Proceedings
By Caroline Jennings Caroline Jennings explores the use of CCTV as evidence in the Employment Tribu...

Date: Sun, 15 Sep 2013
Termination or Mutual Separation?
A look at what happens when decisions to terminate an employee overlap with a mutual separation....

Date: Sun, 15 Sep 2013
Government To Retain SPC
By Anthony Korn The Government has decided not repeal the TUPE rules on service provision change. A...

Date: Sun, 15 Sep 2013
Agency Worker Regulations – Watch This Space
By Russell Holland Russell Holland looks at the recent concerns raised by the TUC in relation to th...

Date: Sun, 15 Sep 2013
Equal Pay Claims and the ‘Same Employment’ Test
By Fatim Kurji Fatim Kurji considers the meaning of ‘same employment’ within the Equal ...

Date: Sun, 15 Sep 2013
Preserving your right to claim elsewhere: new rule 52
By Charles Crow Charles Crow considers how Claimants can move their cases between the Tribunal and ...

Date: Sun, 15 Sep 2013
Cautionary Note for Employers – Victimisation
By Helen Barney Helen Barney looks at the recent case of Woodhouse v West North West Homes Ltd 2013...

Date: Sun, 15 Sep 2013
How has the NHS been changed by the Health and Social Care Act 2012?
The recent publication of the Keogh review into 14 hospital trusts revealed a shocking number of de...

Date: Sun, 28 Jul 2013
Forced Marriage and Court of Protection
By Adreeja Chatterjee In this two part article, Adreeja Chatterjee provides an introduction to the ...

Date: Sun, 28 Jul 2013
The Right To Have An Abortion And The European Convention
By Ramby De Mello Most of the case law involving abortions under the European Convention of Human R...

Date: Sun, 28 Jul 2013
Are Imams Employees Of Mosques?
By Nabila Mallick  An Imam performs the duty of offering prayer for  the congregation in ...

Date: Wed, 24 Jul 2013
The Justice Secretary is not Exactly a Great Connoisseur of Justice
In an interview with the Law Society Gazette this week (week commencing 20 May 2013), the Lord Chanc...

Date: Tue, 02 Jul 2013
Double Jeopardy
By Michelle Heeley This article seeks to examine the doctrines of autrefois acquit and convict, oft...

Date: Wed, 26 Jun 2013
Ladies First: India’s New Sexual Harassment Law
By Fatim Kurji On 23rd April 2013 the Gazette of India published the Sexual Harassment of Women at ...

Date: Sun, 23 Jun 2013
Do NHS commissioners invest enough in contract management?
By David Lock QC The NHS is in the middle of the transition from a publicly funded and publicly pro...

Date: Sun, 16 Jun 2013
Migrant domestic workers – race discrimination and post-employment victimisation
By James Dixon Onu v Akwiwu and others, UKEAT/0283/12/RN, UKEAT/0022/12/RN raises some interesting ...

Date: Wed, 05 Jun 2013
Practicability of re-engagement
Accusing colleagues of fabricating evidence will not necessarily render re-engagement at a different...

Date: Wed, 05 Jun 2013
The Draft Employment Tribunal Rules: An Update
By Hermione Williams   Introduction  In the spring edition of the Employment Law Newsle...

Date: Wed, 05 Jun 2013
Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals
By Fatim Kurji Should employees – or employers – be able to use secretly taped recordin...

Date: Wed, 05 Jun 2013
Should you re-examine a final written warning before taking a subsequent dismissal decision?
By Richard Case Yes and no say the Court of Appeal in Davies v Sandwell MBC [2013] EWCA Civ 135 [20...

Date: Wed, 05 Jun 2013
Enterprise and Regulatory Reform Act 2013
By Gemma Roberts and Mugni Islam-Choudhury The Enterprise and Regulatory Reform Act 2013 [‘E...

Date: Wed, 05 Jun 2013
Social Media in the Workplace
By Nabila Mallick Research conducted by ACASin 2011 indicated that 55% of all employees use social ...

Date: Thu, 23 May 2013
Caution - Incompetent/deliberate failure to provide information on transfer
A deliberate or incompetent failure to provide up-to-date information to the incoming company on a T...

Date: Thu, 23 May 2013
Employee Shareholders
By Jack Feeny The Growth and Infrastructure Act 2013 was passed by the House of Lords in April 201...

Date: Thu, 23 May 2013
Employment Status: What do strippers, clergymen and car-washers all have in common?
By Gemma Roberts What do strippers, clergymen and car-washers all have in common? They have all bee...

Date: Thu, 23 May 2013
New Tribunal fees to be introduced from July
By Anthony Korn The Government has confirmed that it is proposing to introduce a system of fees to ...

Date: Thu, 23 May 2013
Deferred Prosecution Agreements
By Alex Stein Following the Bribery Act 2010 the next instrument the Government is preparing in the...

Date: Tue, 21 May 2013
High Court Rules in Favour of the Acquisition and Consumption of Cake
Clark v In Focus Asset Management and Tax Solutions Limited  [2012] EWHC 3669 (QBD)  &...

Date: Tue, 02 Apr 2013
The Scope Of The Duty Of Fidelity
By Nabila Mallick What are the duties of an Employee who is approached by a family member to supply...

Date: Sun, 17 Mar 2013
Agency workers in China
By Fatim Kurji Tackling The Triangular Trap On December 28th 2012, the Standing Committee of the N...

Date: Sun, 17 Mar 2013
The end of service provision change?
By Naomi Owen Service Provision Changes – To Be or Not To Be, That is the Question  &nb...

Date: Sun, 17 Mar 2013
New Employment Tribunal Rules
By Tim Sheppard The proposed changes to the Employment Tribunal Rules are reviewed by Tim Shepherd....

Date: Sun, 17 Mar 2013
Reinstatement orders and Polkey reductions
In Arriva London North Ltd v Eleftheriou UKEAT/0272/12/LA the EAT upholds a reinstatement order made...

Date: Sun, 17 Mar 2013
Contractual Terms through Custom and Practice
By Mugni Islam Choudhury In CSC Computer Sciences Ltd v McAlinden and others (2012) UKEAT/02...

Date: Sun, 17 Mar 2013
Managing the manifestation of faith in the workplace
By Fatim Kurji Fatim Kurji considers the European Court of Human Rights’ verdict in the case ...

Date: Sun, 17 Mar 2013
The Growth and Infrastructure Bill - A Model of Piecemeal Reform?
By Jeremy Cahill QC and James Corbet Burcher Jerry Cahill QC and James Corbet Burcher look at four ...

Date: Thu, 21 Feb 2013
Banks Take First Round In Interest Rate Swap Mis-Selling Claims
By Philip Mantle   Introduction   Following the announcement in June 2012 by the Finan...

Date: Wed, 06 Feb 2013
Legal Advice Privilege is confined to advice given by lawyers
By Nicola Preston R (on the application of PRUDENTIAL PLC and ANOR) v SPECIAL COMMISSIONER OF INC...

Date: Sun, 03 Feb 2013
Private Trusts and the Court of Protection
By Claire Van Overdijk The Court of Protection has jurisdiction over the property, financial affair...

Date: Sun, 03 Feb 2013
What’s Wrong with Money Laundering?
By Paul Marshall Quite a lot, actually. This note considers, two recent High Court (QBD) decisions:...

Date: Sun, 03 Feb 2013
Enforcing ADR Agreements
By Kevin Barrett The high cost of traditional dispute resolution is widely regarded as prohibitive....

Date: Sun, 03 Feb 2013
The Professional Duties Of Financial Advisers
The Professional Duties Of Financial Advisers...

Date: Wed, 16 Jan 2013
Rupert Beloff Co-Authors Second Edition of Sports Law
Rupert Beloff has authored the second edition of 'Sports Law', published by Hart Publishing,...

Date: Tue, 15 Jan 2013
Professor Nelson Enonchong authors the second edition of 'Duress, Undue Influence and Unconscionable Dealing'
No5 Chambers are pleased to announce the publication of Professor Enonchong's book on 'Dures...

Date: Mon, 14 Jan 2013
‘Elective’ Theory Triumphs in the Supreme Court
By Anthony Korn By a majority of 4 to1, in Societe Generale, London Branch v Geys the Supreme Court...

Date: Thu, 03 Jan 2013
The EAT Makes Some Observations about Article 6
By Richard Adkinson Richard Adkinson considers the issue of dismissals and Article 6 which has rece...

Date: Thu, 27 Dec 2012
The Domestic Worker Exemption in the National Minimum Wage Regulations 1999
By Jack Feeny Jack Feeny looks at the exemptions that apply under the National Minimum Wage Regulat...

Date: Thu, 27 Dec 2012
When is it safe to rely on SOSR as a reason for dismissal?
By Richard Hignett When is it safe to rely on SOSR as a reason for dismissal? Is it safe to rely on...

Date: Thu, 27 Dec 2012
A Summary of Sheibani v Elan
By Russell Holland Russell Holland looks at the recent case of Sheibani v Elan and the interplay be...

Date: Thu, 27 Dec 2012
An uncommon yet continuing issue... Compliance with the now repealed requirements of schedule 2 of the Employment Act 2002.
By Caroline Jennings Caroline Jennings addresses the recent case of Jane Dolby v Sheffield City Cou...

Date: Thu, 27 Dec 2012
Restrictive Covenants and Promotions
By Anthony Korn Anthony Korn reviews the High Court’s ruling in Patsystems v Neilly [2012] IR...

Date: Thu, 27 Dec 2012
Should Parties Be Allowed to Choose the Faith of their Arbitrators?
By Fatim Kurji Fatim Kurji examines the impact of the Employment Equality (Religion or Belief) Regu...

Date: Thu, 27 Dec 2012
Is the UK Government “the most family-friendly government in the World”?
By Naomi Owen Naomi Owen reviews the proposed reforms to modern workplaces   This is the tit...

Date: Thu, 27 Dec 2012
The Agency Workers Regulations 2010: Does Service Count?
By Gemma Roberts Gemma Roberts looks at whether length of service is relevant for the purposes of t...

Date: Thu, 27 Dec 2012
Blurring the Boundaries
The courts are diluting the effectiveness of the Deprivation of Liberty Safeguards in what looks to ...

Date: Thu, 29 Nov 2012
Family Values – Redressing the Work Life Balance. By Naomi Owen
By Naomi Owen As we approach the holiday season, the focus of many is on spending quality time with...

Date: Tue, 20 Nov 2012
The Training Contract & Pupillage Handbook 2013 - Media
By Steven Reed Media and entertainment barristers have clients in a variety of industries, includin...

Date: Wed, 31 Oct 2012
New Edition of Schmitthoff: The Law and Practice of International Trade
Carole Murray and David Holloway publish the 12th edition of Schmitthoff: The Law and Practice of In...

Date: Wed, 17 Oct 2012
The Queen on the Application of City Banking College-and- Secretary of State for Home Department [2012] EWCH 33
By Nabila Mallick Injunctive Relief against revocation of Tier 4   Overseas Students of the ...

Date: Sun, 23 Sep 2012
Hermione Williams: Can a Claimant Refuse to Cooperate Over Medical Evidence?
By Hermione Williams Hermione Williams considers the implications of the EAT’s recent decisio...

Date: Thu, 20 Sep 2012
Manjit S. Gill QC and Edward Nicholson: Creating a Lawful Points Based System for Employment Related Immigration
By Manjit S Gill and Edward Nicholson Manjit S. Gill QC and Edward Nicholson discuss the UK Border ...

Date: Mon, 17 Sep 2012
Anthony Korn - Service Provision Change: The Current State of Play
By Anthony Korn The Transfer of Undertakings (Protection of Employment) Regulations 2006 introduced...

Date: Mon, 17 Sep 2012
To Delay or Not to Delay… Should Employment Tribunal Proceedings be Delayed to Allow for the Conclusion of Criminal Proceedings?
By Caroline Jennings In this article Caroline Jennings will address two EAT decisions – one a...

Date: Mon, 17 Sep 2012
Fatim Kurji - Relevant & Irrelevant Matters: The Case for An Adjournment
By Fatim Kurji Fatim Kurji considers the exercise of a Tribunal’s discretion when dealing wit...

Date: Mon, 17 Sep 2012
Helen Barney: Regulation 11 TUPE - Notification of Employee Liability Information
By Helen Barney Helen Barney discusses the case of Profile Security Services Ltd v Charter Security...

Date: Mon, 17 Sep 2012
James Dixon: How Loyal is an Employee Expected to Be?
By James Dixon If you want exclusive loyalty you have to write it in the contract, argues James Dix...

Date: Mon, 17 Sep 2012
Jonathan Derrington: Does a Tribunal Have the Power to Refer a Wasted Costs Order to a County Court for Assessment?
By Jonathan Derrington Jonathan Derrington considers the recent case of Casquerio v Barclays Bank U...

Date: Mon, 17 Sep 2012
Resignations: Do Multiple Reasons Matter?
A look at the difficult task Tribunals face when there are multiple reasons for an employee’s resignation....

Date: Mon, 17 Sep 2012
Nigel Brockley: Off to the High Court?
By Nigel Brockley  In this article Nigel Brockley examines where the dividing line between Emp...

Date: Mon, 17 Sep 2012
Laura Davidson - Deprivation of Libertry: was Engel wrongly applied? (Part I)
By Laura Davidson For someone to have been deprived of their liberty under Article 5, a subjective ...

Date: Mon, 06 Aug 2012
Hearsay Evidence in FTP Proceedings: Learning to be Civil
By Melanie MCDonald Stepping in to the curious world of healthcare professional regulation from an ...

Date: Sun, 05 Aug 2012
Handling difficult issues where there are parallel proceedings in the Court of Protection and High Court
By David Lock QC Re SK: Handling difficult issues where there are parallel proceedings in the Court...

Date: Sun, 05 Aug 2012
To particularise or not to - that is the question!
By Susan Monogan The importance of the need to correctly particularise charges in disciplinary case...

Date: Sun, 05 Aug 2012
Paul Marshall Article Appears in Journal of International Banking and Financial Law
This article considers the recent first instance judgment in Shah v HSBC [2012] EWHC 1283 (QB), in w...

Date: Wed, 01 Aug 2012
Melanie McDonald calls for FTP panels to be more accepting of hearsay evidence
Melanie McDonald writes in the New Law Journal that FTP panels should be more willing to adopt a sim...

Date: Sun, 15 Jul 2012
New s.182 Guidance - The Changes & How They Affect Day To Day Issues
By Daniel Oscroft The Police Reform and Social Responsibility Act 2011  Please click here to ...

Date: Wed, 11 Jul 2012
The Enterprise and Regulatory Reform Bill
By Anthony Korn   The Enterprise and Regulatory Reform Bill was introduced into the House of ...

Date: Mon, 09 Jul 2012
Staff Liabilities on Conversion to Academy Status
By Adrienne Morgan Education law and employment law sometimes combine in an unholy alliance to thro...

Date: Mon, 09 Jul 2012
Vexatious Litigants
By Charles Price Most employment lawyers have encountered serial litigants in the tribunal but ofte...

Date: Mon, 09 Jul 2012
Refusal to Allow Appeal Against Strike Out
By Richard Case Automatic strike out for non-compliance with an unless order is not susceptible to ...

Date: Mon, 09 Jul 2012
Annual Leave and Sickness
By Mugni Islam-Choudhury Can annual leave be postponed when it coincides with sickness?  &nbs...

Date: Mon, 09 Jul 2012
Lawful Post Termination Competition
By Richard Adkinson A recent case from the Court of Appeal has had to consider the vexed quest...

Date: Mon, 09 Jul 2012
Awards for Injury to Feelings
By Nabila Mallick This article takes a look at recent awards for injury to feelings in discriminati...

Date: Mon, 09 Jul 2012
Inframatrix Investments v Dean Construction [2012] EWCA Civ 64
By Philip Mantle In Inframatrix Investments v Dean Construction [2012] EWCA Civ 64, the Court of Ap...

Date: Wed, 23 May 2012
Lessons for the NHS from Lloyd v Gloucestershire PCT
By David Lock QC The legal challenge by local Gloucestershire resident, Michael Lloyd, to the decis...

Date: Wed, 02 May 2012
No More Plum and Duff: submissions of no case to answer in fitness to practise proceedings
By Melanie McDonald Let me nail my colours to the mast right at the outset. I am a civil practition...

Date: Wed, 02 May 2012
Medical Treatment in the Member States
By Ramby De Mello 1.    Under the Treaty on the Functioning of the European Union (T...

Date: Wed, 02 May 2012
Fitness to practise proceedings and submissions of no case to answer
Fitness to practise proceedings and submissions of no case to answer...

Date: Wed, 02 May 2012
Questions and Answers Arising from Annual Planning Seminar 2012
The question and answer session at the Annual Planning Seminar 2012 in Birmingham raised some intere...

Date: Wed, 11 Apr 2012
Proceeding in Absence
By Charles Crow The facts of the unfair dismissal claim in Mrs V. Quashie v. Methodist Homes Housin...

Date: Mon, 26 Mar 2012
Indirect Age Discrimination - Budgetary Constraints in Redundancy Schemes - Justification
By Manjit S Gill QC The recent decision of the President of the EAT, Underhill J, in HM Land Regist...

Date: Mon, 26 Mar 2012
Effective Date of Termination - Variation in Notice Period - Reasonable Practicability and Mental Impediment
By Nabila Mallick In Willets v The Jenifer Trust for Spinal Muscular Atrphy, on a Rule 18 (3) (b) E...

Date: Mon, 26 Mar 2012
Detriment and the ‘opt out’ under the WT Regs
By Russell Bailey In Arriva London South Ltd v Nicolaou UKEAT/0293/11/RN the EAT (His Honour Judge ...

Date: Mon, 26 Mar 2012
TUPE- Supply of Goods Exception to Service Provision Change
By Mugni Islam-Choudhury Under cover of darkness in late December, on the shortest day of the year,...

Date: Mon, 26 Mar 2012
TUPE 2006 - When Does an Economic Entity Transfer?
By Anthony Korn Normally a TUPE transfer under Regulation 3(1)(a) of the 2006 Transfer of Undertaki...

Date: Mon, 26 Mar 2012
Paul Marshall Article Appears in Journal of International Banking and Financial Law (1)
An article titled Legal uncertainty: the criminal liability of partnerships for bribery under the Br...

Date: Sat, 03 Mar 2012
Construction Contracts – Performance
Construction Contracts – Performance...

Date: Tue, 28 Feb 2012
Best Interest decision-making in the Court of Protection
By David Lock QC Decision making in the Court of Protection on behalf of persons who lacks capacity...

Date: Mon, 27 Feb 2012
DDA and Equality Act 2010 - Qualification Bodies - Competence Standards
By Tim Sheppard JUSTIN BURKE v (1) COLLEGE OF LAW (2) SOLICITORS REGULATION AUTHORITY  Factua...

Date: Sun, 26 Feb 2012
Costs Management in Mercantile and TCC cases
By Kevin Barrett "In some areas of civil litigation costs are disproportionate and impede acce...

Date: Wed, 22 Feb 2012
Who Decides Whether the CIL Tests for Planning Obligations are Met?
By Satnam Choongh Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 contains ...

Date: Wed, 15 Feb 2012
The Localism Act and Non-domestic Rating
By Jenny Wigley The entirety of Part 4 of the Localism Act is devoted to non-domestic rating but th...

Date: Tue, 07 Feb 2012
The Public Sector Equality Duty - what does it mean and how does it work?
By David Lock This paper deals with the present state of the law concerning the Public Sector Quali...

Date: Sun, 05 Feb 2012
Interview with Niall Dickson
By Melanie McDonald My timing is probably not the best: a few days before Channel 4 had broadcast t...

Date: Sun, 05 Feb 2012
On Liberty: Cheshire West and Chester v P [2011] EWCA Civ 1257
By Suella Fernandes From Aristotle, Hobbes, Locke and Mill, to our 21st century Judges, notions of ...

Date: Sun, 05 Feb 2012
Does Dignity Cost Too Much?
By James Dixon   There's a man I meet Walks up our street He's a worker for the cou...

Date: Sun, 05 Feb 2012
Wind farm development - A Note on some recent legal issues for decision makers
Onshore wind, and energy infrastructure generally, is a form of development which gives rise to stro...

Date: Thu, 19 Jan 2012
Wind Farm Inquiries - A Practical Note
By Jack Smyth   Government policy, over succeeding years, has been moving in a more permissiv...

Date: Thu, 19 Jan 2012
Case Management and List of Issues
By Richard Adkinson While the case law progresses at a pace, sometimes more mundane procedural matt...

Date: Mon, 12 Dec 2011
Whistleblowers: Employers Not Liable for Acts of Employees
By Gemma Roberts In NHS Manchester v Fecitt and ors [2011] EWCA Civ, 1190, the Claimants worked in ...

Date: Mon, 12 Dec 2011
Disability Discrimination - When Does the Duty to Make Reasonable Adjustments Arise
By Gemma Roberts In Wilcox-v-Birmingham CAB Services Ltd [2011] EqLR 810, the Claimant suffered fro...

Date: Mon, 12 Dec 2011
THE INTERNAL MANAGEMENT OF DIFFICULT DECISION MAKING: Reports, Committees and a Defensible Paper Trail
By Olivia Chaffin-Laird  The intention of this paper is to examine the nature of challenges by...

Date: Thu, 08 Dec 2011
Recovering costs in Employment Tribunals
By Jack Feeny In Barnsley Metropolitan Borough Council v Yerrakalva [2011] EWCA Civ 1255, the Claim...

Date: Thu, 08 Dec 2011
Tupe and Changing Terms & Conditions
By Anthony Korn In Enterprise Managed Services Ltd v Dance and ors (EAT/0200/11), EMS provided appl...

Date: Thu, 08 Dec 2011
Three French Hens
Richard Hignett tells us about three trends he has seen in 2011    On reasonable adjustm...

Date: Thu, 08 Dec 2011
Abid Mahmood addresses International Bar Association Conference in Dubai
Abid Mahmood, Head of the Immigration Group, spoke at the International Bar Association Conference i...

Date: Mon, 05 Dec 2011
Asylum Law in 2011: A Retrospective
By Becket Bedford For those of us privileged still to be arguing points of law with the permission ...

Date: Mon, 05 Dec 2011
What does the enjoyment of rights under Article 20 of the Treaty on the Functioning of the European Union really mean?
By No5 Chambers Immigration Team Zambrano and Dereci – what does the enjoyment of rights unde...

Date: Mon, 05 Dec 2011
Sledgehammers, nuts and Human Rights – the Supreme Court’s judgment in Quila
By No5 Chambers Immigration Team The Supreme Court’s October judgment in Quila and Bibi v Sec...

Date: Mon, 05 Dec 2011
If adopted by the UKBA Migration Advisory Committee’s recommendations will result in reduction of “family immigration”
By No5 Chambers Immigration Team If adopted by the UKBA Migration Advisory Committee’s recomm...

Date: Mon, 05 Dec 2011
Does the Points Based System include discretion after all?
By No5 Chambers Immigration Team  Way back when what was then the Asylum and Immigration Tribu...

Date: Mon, 05 Dec 2011
Energy - Some Macro and Micro Aspects of Spatial Planning
By Richard Kimblin In this paper, Richard Kimblin seeks to set out something of a broad context whi...

Date: Sun, 13 Nov 2011
Rationing of Healthcare: The Courts take a stand to support the NHS
By David Lock QC One of the fundamental problems for the NHS is that demand for healthcare by patie...

Date: Sun, 09 Oct 2011
NHS Cuts and the Law
By Mike O'Brien Sir David Nicholson, the NHS Chief Executive wants £20billion of savings ...

Date: Sun, 09 Oct 2011
Medical Treatment for Visitors
By Ramby De Mello Visitors from outside the European Union seeking to enter or remain in the UK for...

Date: Sun, 09 Oct 2011
The Interview: Stephen Shaw CBE
By Melanie McDonald Melanie McDonald talks to Stephen Shaw about the implications for healthcare re...

Date: Sun, 09 Oct 2011
Charging for Residential Care
By Nageena Khalique It is well established that a local authority can take into account the value o...

Date: Sun, 09 Oct 2011
Tempering Justice with Fairness - the implications of Bonhoeffer
By Susan Monogan When William Shakespeare wrote the Merchant of Venice there were separate courts i...

Date: Sun, 09 Oct 2011
Bude - APPLICATION 2008/02281 (PINS REF 2115845)
The Secretary of State's Re-issued decision in respect of the Bude appeal was issued today, 28th...

Date: Thu, 28 Jul 2011
Court of Appeal upholds allocation of NHS treatment based on a patient’s presenting clinical factors alone
In an important test case where judgement was handed down today, Wednesday 27th July 2011, the Court...

Date: Tue, 26 Jul 2011
The Health & Social Care Bill 2011
By David Lock QC and by Michael O'Brien   The highly controversial Health and Social Car...

Date: Tue, 19 Jul 2011
Homework May Prevent Happily Ever After Ending Up All At Sea
The holiday season is fast approaching and specialist family law barrister, Robin Rowland of No5 Cha...

Date: Mon, 04 Jul 2011
When The Dream Turns Sour: The Lesser Known Face of Child Abduction
The world may be a smaller place these days but the problems that international lifestyles may bring...

Date: Sun, 03 Jul 2011
Lawfully Commissioning Complex Packages of Care for Children: Who Pays for What?
By David Lock QC One of the perennial challenges for the NHS and for local authorities is working o...

Date: Thu, 30 Jun 2011
The Health and Social Care Bill 2011
By Mike O'Brien The Health and Social Care Bill, despite recent changes is a major reform of th...

Date: Thu, 30 Jun 2011
Deprivation of Liberty – The Overlap between the Mental Health Act 1983 and the Mental Capacity Act 2005
By Nageena Khalique Many practitioners understand that there is some overlap between the Mental Hea...

Date: Thu, 30 Jun 2011
UKBA and Social Services’ Duties to Asylum Seeker Children
By Ramby De Mello Children asylum seekers arriving in the UK without their parents have been on the...

Date: Thu, 30 Jun 2011
Impairment in Healthcare Regulatory Proceedings
By Melanie McDonald The concept of “impairment of fitness to practise” in healthcare re...

Date: Thu, 30 Jun 2011
Cross Border Adult Incapacity - A Jurisdictional Quandary
By Claire van Overdijk Introduction:   Schedule 3 to the Mental Capacity Act 2005 governs th...

Date: Thu, 30 Jun 2011
The Budget and The Localism Bill
By Tim Jones For some months it has been clear that the Treasury and business arms of Government in...

Date: Mon, 13 Jun 2011
The Future of Strategic Planning
By Tim  Jones Download to the right to read Tim Jones' latest contribution to the No5...

Date: Wed, 18 May 2011
Arbitration in Sex Discrimination Cases
What impact does an arbitration clause have on a Claimant’s ability to pursue a Sex Discrimina...

Date: Wed, 27 Apr 2011
A Tale of Three Unfair Dismissal Appeals
A tale of three unfair dismissal appeals, Anthony Korn explores the lessons to be learnt from the Co...

Date: Wed, 27 Apr 2011
The Default Retirement Age is Retired
This month sees the implementation of arguably the most wide reaching development in the arena of ag...

Date: Wed, 27 Apr 2011
What Does the Duty on PCTs to Give Reasons for an Individual Treatment Decision Mean in Practice?
By David Lock QC When a patient makes a request for the Primary Care Trust to fund a treatment whic...

Date: Mon, 18 Apr 2011
Court of Appeal decision in MIG and MEG - Restrictions on Liberty
By Laura Davidson This article first appeared in Solicitors Journal on 12th April 2011 and is re-pu...

Date: Tue, 12 Apr 2011
MDT’s – Lawful or Not? Some commonly arising issues surrounding drug testing in prison
By Mark Bradshaw Mandatory drug tests (MDT’s) were introduced into the prison system in 1995....

Date: Tue, 15 Mar 2011
Section 106 Planning Agreements Relating to Highways
By Tim Jones Section 106 agreements are used for a variety of purposes, including securing funding ...

Date: Tue, 15 Mar 2011
The Localism Bill - prepared for the Conference of the National Federation of Gypsy Liaison Groups
 By Tim Jones The Localism Bill is currently before Parliament. It is a substantial and wide-r...

Date: Wed, 23 Feb 2011
Local Authorities Duties To Adults With Learning Disabilities
By Olivia Chaffin-Laird The system concerning the eligibility for social care has been subject to s...

Date: Wed, 09 Feb 2011
Affordability, Viability and Planning Gain - Will it Deliver?
by Christopher Young and Professor Chris Balch of Plymouth University The purpose of this paper is ...

Date: Sun, 06 Feb 2011
Piercing the Corporate Veil 2010
PIERCING THE CORPORATE VEIL   The Companies Act 2006 by section 16(2) and (3) recognises an i...

Date: Thu, 27 Jan 2011
Builders are not liable in negligence for Defects
Builders are not liable in negligence for Defects   In the last thirty years it has been fash...

Date: Sun, 23 Jan 2011
Disturbance of Protected Species - A Practical Note After Morge
By Richard Kimblin This note seeks to summarise, and shortly, the practical effects and considerati...

Date: Wed, 19 Jan 2011
Police Reform and Social Responsibility Bill Second Reading
On the 13th December 2010, the Police Reform and Social Responsibility Bill received its second read...

Date: Sun, 12 Dec 2010
Patent Defects and the Final Account
Building projects are usually finally concluded once the final account is settled. By this point in ...

Date: Tue, 07 Dec 2010
Compulsory Retirement Age Not Discriminatory
In Seldon v Clarkson, Wright and Jakes [2010] IRLR 865 the Court of Appeal confirms that a firm of...

Date: Sun, 28 Nov 2010
Changes To Transferring Employees Amounts To A Change In The Workforce
In Nationwide Building Society v Benn and ors [2010] IRLR 922 the EAT reviews the meaning of both Re...

Date: Sun, 28 Nov 2010
Can a person bring a disability discrimination claim based on an employer’s perception?
Can a person bring a disability discrimination claim based on an employer’s perception that th...

Date: Sun, 28 Nov 2010
The Hague Convention on the International Protection of Adults
The Hague Convention on the International Protection of Adults and its implementation into the Priva...

Date: Thu, 25 Nov 2010
Staffing Arrangements Not Incorporated Into Individual Contracts
In Malone and ors v British Airways Plc [2010] EWCA Civ 1225 the Court of Appeal rejects the content...

Date: Thu, 28 Oct 2010
Adjourning Licensing Hearings
Sarah Clover gives her opinion on a common practical problem concerned with adjourning licensing hea...

Date: Wed, 27 Oct 2010
The Test for Capacity: Contraception – A free choice or a case of coercion?
By Nageena Khalique The test for a woman's capacity to make a decision as to whether to use con...

Date: Thu, 21 Oct 2010
Coronial Reform
By Nageena Khalique The Ministry of Justice will deliver a reformed coroner service by implementing...

Date: Sun, 17 Oct 2010
Last Resort
By Laura Davidson This article first appeared in Solicitors Journal in October 2009, for more infor...

Date: Thu, 14 Oct 2010
How to Raise Jurisdictional Challenges During an Adjudication
A very recent TCC decision gives guidance on the position that a responding party to an adjudication...

Date: Wed, 22 Sep 2010
Finding Fault
By Laura Davidson Laura Davidson appeared as Counsel for the Claimant in the ground-breaking judici...

Date: Mon, 06 Sep 2010
Risks of Internal Mediation
In Sakar v West London Health NHS Trust [2010] IRLR 508 the Court of Appeal reinstates the Employmen...

Date: Mon, 19 Jul 2010
No Age Discrimination Where the Detriment Was Caused by the Statutory Retirement Age
In Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 the Court of Appeal has reje...

Date: Mon, 19 Jul 2010
Compensation Payable Where Discrimination is Unknown
In Taylor v XLN Telecom Ltd [2010] IRLR 499 the EAT rules that in a discrimination claim a claimant ...

Date: Mon, 19 Jul 2010
O'Neill v Buckinghamshire County Council
In O'Neill v Buckinghamshire County Council, the EAT considered the question of when an employer...

Date: Mon, 19 Jul 2010
The Equality Act 2010 and Disability Discrimination
At the beginning of July Theresa May confirmed that the Coalition intends to implement parts of the ...

Date: Mon, 19 Jul 2010
Changing Terms of Employment
In Bateman and others v Asda Stores Limited [2010] IRLR 370, Asda wished to ensure that their entire...

Date: Mon, 19 Jul 2010
Employing Migrants: Is There a Future for the Points Based System?
The PBS is the most radical shake up of the immigration system for 30 years and has shifted major re...

Date: Mon, 19 Jul 2010
Pursuing an Unincorporated Association in the Tribunal
A recent experience, shortly due to form the subject matter of an EAT decision, demonstrates the pot...

Date: Mon, 19 Jul 2010
His Honour Alan King-Hamilton QC - My Grandfather
By Caroline Sumeray The relationship with one’s grandparents is always a special one. And for...

Date: Fri, 16 Jul 2010
Coroners and Problems Around Disclosure of Documents
By David Lock and Stephen Campbell This paper considers the powers and obligations of Coroners rela...

Date: Sun, 04 Jul 2010
Adjudication - Be careful what you wish for!
It has been a common practice for the last 12 years for the Referring Party to carefully choose the ...

Date: Wed, 30 Jun 2010
The Relationship Between “best interests” Decisions and the Rational Use of Resources by Local Authorities and NHS Bodies
By David Lock  This paper considers the tensions between resource based health and welfare dec...

Date: Tue, 22 Jun 2010
Planning Law Update
By Richard Kimblin EIA continues to be a significant feature of planning and environmental law and ...

Date: Sun, 13 Jun 2010
Legal Update
By Martin Kingston QC This has been a busy year from both a legal and policy point of view and with...

Date: Sun, 13 Jun 2010
Applying for a Stay Where the Receiving Party Under an Adjudicator’s Award is Seemingly Impecunious
The purpose of this short article is to set out the principles the court applies where: (1) Party X ...

Date: Sun, 13 Jun 2010
What The Main Parties Propose In Respect Of Planning
For those who remain unsure of the policies of the three main parties on planning and related topics...

Date: Thu, 22 Apr 2010
The Jackson Report
By Richard Kimblin The Jackson Report makes three significant proposals which would represent a maj...

Date: Tue, 06 Apr 2010
Declaratory Relief in Relation to Adjudication Proceedings
When a responding party is faced with an adjudication in the building / construction context which i...

Date: Tue, 09 Mar 2010
Does Wrongful Suspension of Works Amount to a Repudiatory Breach?
Introduction The temptation for a builder to suspend performance of the works under a building cont...

Date: Tue, 09 Mar 2010
What should an NHS body or Social Services do if the police ask to see medical notes as part of a criminal investigation?
By David Lock There are many cases where the police ask to seek medical notes as part of their ongo...

Date: Sun, 07 Mar 2010
Inquiry Training - Preparing for an Inquiry and Giving Evidence at an Inquiry
By Satnam Chongh Preparing for an Inquiry: What is the purpose of preparing evidence for an inquir...

Date: Tue, 02 Mar 2010
Rules of Disclosure
By David Lock QC The effect on confidentiality in care proceedings following the judgment in Ward.&...

Date: Sun, 21 Feb 2010
Building Work - The Residential Occupiers Dilemma
Under pressure from the construction industry the Government opted, in 1996, to enact legislation - ...

Date: Wed, 10 Feb 2010
The Localism Bill 2010
By Ian Dove QC and Peter Goatley The purpose of this paper is, firstly, to provide a broad overview...

Date: Mon, 18 Jan 2010