Articles

Here you will find articles written by members of Chambers in leading newspapers, industry journals and the legal press. In addition members regularly write case summaries for Family Law Week.

An asset was transferred by a trustee, in breach of trust, for value without notice, had there been a disposition of the beneficiary’s interest? 18 May 2017

No, there had not. Toby Bishop provides a 5-point summary of the Supreme Court’s decision in Akers and Ors v Samba Financial Group [2017] UKSC 6. Their Lordships’ analysis is not limited to share transfers or the narrow insolvency point decided, it applies to any trust, subject to additional considerations in relation to the nature of the asset, for example, in relation to land, overreaching and the provisions of the Land Registration Act may apply.

Barristers

Right to accommodation under s.193 Housing Act 1996 is not a “civil right” for purposes of Art 6 ECHR 17 May 2017

Emma Godfrey looks at Poshteh v Royal Borough of Kensington & Chelsea [2017] UKSC 36 where the Supreme Court has revisited the question of whether decisions by local housing authorities as to the duty owed under Part VII Housing Act 1996 amount to the “determination of a civil right” which engages the right to a hearing before an impartial and independent tribunal under art 6 ECHR.

Barristers

Dreamvar (UK) Ltd v Mishcon de Reya (a firm) and another [2016] EWHC 3316 (Ch) 15 May 2017

In attempting to purchase a vacant unencumbered property, without itself relying on the funds of a mortagee lender, Dreamvar fell victim to identity fraud.

Barristers

“Criterion” or “reasons why”? The EAT provides guidance on the correct approach in pregnancy/maternity discrimination claims 27 April 2017

Eirwen Pierrot examines the recent decision in Interserve FM Ltd v Tuleikyte (UKEAT/0267/16/JOJ), in which the EAT allowed an appeal against the decision of an employment tribunal which had wrongly treated a s.18 Equality Act claim as a “criterion” type case, rather than a “reasons why” type case.

Barristers

Is gender segregation in mixed schools discriminatory? 10 April 2017

Eirwen Pierrot, writing for Discrimination Law Association Briefings 60 (March 2017) 820, considers the decision of the Admin Court in Interim Executive Board of X School v Her Majesty’s Chief Inspector of Education, Children’s Services and Skills [2016] EWHC 2813.

Barristers

“Ours is not to reason why…” – Essop and Naeem examined 5 April 2017

Jason Braier looks at the Supreme Court’s restoration of sanity on indirection discrimination law in its judgments in Essop and Others v. Home Office (UK Border Agency) and Naeem v. Secretary of State for Justice [2017] UKSC 27.

Barristers

The Inheritance Act 1975 is considered by the Supreme Court for the first time in Ilot v Blue Cross 5 April 2017

Toby Bishop summarises the Supreme Court’s much anticipated judgment in the long running case of Ilott –v- Blue Cross and ors. including: a) the 2 stage approach to I(PFD)A 1975 claims; b) the meaning of maintenance, particularly in the provision of housing; and c) the relevance of: i) state benefits; ii) estrangement and conduct; and ii) testamentary wishes and competing beneficiaries who cannot show need.

Barristers

Validity of notices under s.128, Housing Act 1996 – notices, letters and information leaflets 3 April 2017

The Court of Appeal has held that, as a matter of statutory construction, a notice of proceedings served in relation to an introductory tenancy under s.128, Housing Act 1996 can satisfy the necessary requirements even if the information is contained in more than one document. Whether the requirements are satisfied, however, will be a question of objective fact in every case.

Barristers

Married couples and civil partners vs. couples living together as husband and wife – succession rights under the Housing Act 1985 31 March 2017

Sarah Salmon looks at the Court of Appeal’s decision in Turley v (1) Wandsworth LBC and (2) Secretary of State for Communities and Local Government which was another challenge to the succession regime under the Housing Act 1985 albeit following amendments made by the Localism Act 2011 (which did not apply to this case) and future amendments, should they be brought into force, under the Housing and Planning Act 2016.

Barristers

HMO licensing – restrictions on the type occupier 31 March 2017

Sarah Salmon looks at the Court of Appeal’s decision in Nottingham City Council v (1) Parr and (2) Trevor Parr Associates Ltd [2017] EWCA Civ 188 which considers whether or not licence conditions imposed under the HMO regime in the Housing Act 2004 could restrict the type of occupier who could live in the accommodation.

Barristers

Justifying indirect discrimination – leave the aim alone 30 March 2017

Grace Cheng looks at the Court of Appeal’s decision in Harrod and Others v. Chief Constable of West Midlands Police and Others, where the Court gives helpful guidance on the appropriate focus for tribunals considering indirect discrimination claims.

Disproportionate and/or unreasonable: does one amount to the other? 21 March 2017

Alistair Cantor looks at the Court of Appeal’s decision in Georgina O’Brien v Bolton St Catherine’s Academy on the relationship between the tests of disproportionality under s15 EqA and that of unreasonableness under s98(4) ERA.

Barristers

Religious Dress Codes at Work 15 March 2017

Nikolas Clarke considers the CJEU’s controversial decision in Achbita v. G4S Secure Solutions NV on the lawfulness of banning staff from wearing religious dress.

Barristers

TUPE – Service Provision Changes and the ‘principal purpose’ 13 March 2017

Jason Braier looks at the EAT decision in Tees Esk & Wear Valleys NHS Foundation Trust v. (1) Harland and Others (2) Danshell Healthcare Ltd on how and when to identify the principal purpose.

Barristers

Unproven disability, harassment and victimisation 8 March 2017

Lauren Suding summarises the EAT’s decision in Peninsula Business Services Ltd v Baker.

Barristers

Court of Appeal on Worker Status 16 February 2017

Lauren Suding explains the Court of Appeal’s reasoning in Pimlico Plumbers v Smith and examines implications for the gig economy.

Barristers

Amendments to add whistleblowing claims and EAT powers to make the ET’s case management orders 6 February 2017

Francis Hoar summarises the principles in the Court of Appeal’s judgment in Kuznetsov v. Royal Bank of Scotland, where the Court gave guidance on amendments to add whistleblowing claims, the EAT approach to making case management orders without remission, and the need for promptness in applying for cost protection orders.

Barristers

When is misconduct ‘gross’ and what compensation can be claimed for wrongful dismissal? 27 January 2017

Jason Braier explores the Court of Appeal judgment in Adesokan v. Sainsbury’s and its implications for the definition of gross misconduct and the remedies for wrongful dismissal

Barristers

The aim of encouraging a gender-balanced workforce is not a relevant consideration when deciding claims of indirect discrimination 10 November 2016

Eirwen Pierrot writes for Discrimination Law Association Briefings 59 (November 2016) 812 on the case of XC Trains Ltd v CD, ASLEF and others [2016] IRLR 748 in which the claimant claimed that a requirement to work weekend shifts indirectly discriminated against women.

Barristers

False imprisonment, causation and damages claims 17 June 2016

Eirwen Pierrot writes for Local Government Lawyer following a recent Supreme Court ruling provides a reminder of the importance of causation in damages claims for false imprisonment. Eirwen explains its relevance to mental health law and the Court of Protection.

Barristers

Finance and Business Training: the UK VAT education exemption and fiscal neutrality 7 March 2016

The principal issue facing the Court of Appeal in Finance and Business Training v HMRC was whether EU law meant that a provider of university courses was entitled to the VAT education exemption in the same way as a university, even if not so entitled under UK VAT law.

Barristers

If, on an application to determine a boundary pursuant to s. 60(3) Land Registration Act 2002, a Judge of the FTT concludes that the plan upon which the application is based does not accurately plot the point of junction can he then go on to determine its true position ? 2 March 2016

Minority interest – perhaps – but according to HHJ Dight, sitting as a Judge of the Upper Tribunal in Murdoch v Amesbury [2016] UKUT 3 (TCC), the answer in “No.”

Barristers

Must a landlord account to his tenant for rent paid in advance under the lease if the lease comes to an end within the period to which the rent relates ? 22 February 2016

No, said the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72.

Barristers

Probate Roundtable 2 February 2016

Barristers

Indirect discrimination by association – the problems with CHEZ 26 January 2016

CHEZ is a case about the height of Bulgarian electricity meters. So far, so innocuous. In holding the Race Directive protects against indirect discrimination by association, it may also be the most important discrimination case of 2015.

Barristers

Going public on local authority failings 18 January 2016

Matthew Stott, considers the implications of the decisions in Re A, B, C, D and E (Children) where the local authority professionals involved were named by the court.

Barristers

Costs in Family Proceedings 8 January 2016

Costs in Family Proceedings explains the rules and procedure relating to costs and funding in all family proceedings, co authored by Francis Wilkinson and Dr. Sara Hunton.

Barristers

Sock line hyperpigmentation: an elasticated truth? 7 December 2015

Matthew Stott writes for Jordan’s Family Law on the importance of potentially being aware of sock line hyperpigmentation (SLHP) as it mimics child abuse.

Barristers

Marriage, civil partnerships and safeguarding the vulnerable adult 5 May 2015

Edward Bennett writes for the Local Government Lawyer.

Navigating the unknown 22 April 2015

Christopher Stirling writes for the Private Client Adviser on how to secure a share in a property held under one name

Barristers

Age disputes and leaving care obligations 13 April 2015

Eirwen Pierrot, pupil barrister, writes for Local Government Lawyer.

Barristers

Fraud unravels all 5 March 2015

Christine Cooper writes for the Private Client Advisor on care fees

Barristers

Police arrests and duty of care – risk to society outweighs risk to passers-by 14 February 2015

Was a duty of care owed towards individual members of the public by officers undertaking their operational duties? James Trumble, a barrister specialising in personal injury and police law, explains the issues before the Court of Appeal in Robinson v Chief Constable of West Yorkshire Police [2014] EWCA Civ 15

Placing children with family members 22 January 2015

Hilton Harrop-Griffiths and pupil barrister Eirwen Pierrot write for Local Government Lawyer

Barristers

Section 17 and no recourse to public funds 5 January 2015

Eirwen Pierrot, pupil barrister, writes for Local Government Lawyer.

Barristers

After-Care options 5 December 2014

Hilton Harrop-Griffiths writes for Private Client Adviser

Barristers

Business and Corporate Responsibility in Russia 5 November 2014

Bill Bowring writes for Who’s Who Legal exploring the nature of corporate responsibility in Russia and the country’s status in the global economic order.

Barristers

Can A Consent Order Be Set Aside In Financial Proceedings? 5 June 2014

Francis Wilkinson writes for Family Law Week asking whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order

Barristers

Caution quashed over issue of informed consent 20 June 2013

Crime analysis: How should cautions be administered? James Trumble discusses the court’s ruling in Stratton and points out that the proper administration of cautions depends heavily upon the police knowing how they work.