Patients at risk: revisiting the extent of public bodies’ duties

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Fraudulent Misrepresentation: Who has the burden of proof and what must be proved?

By Jason Perrin 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 in relation to the fraudulent misrepresentation claims and in particular: Who has the burden of proof? What exactly must be proved? Background The relevant factual background is set against an avian flu epidemic […]

Secretary of State appeal decision on new NPPF quashed

On 14 June 2019, Mr Justice Dove has handed down judgment in one of the first statutory review challenges to consider the Revised National Planning Policy Framework, since its publication in July 2018. The High Court quashed the Secretary of State’s decision (contrary to his Inspector’s recommendation) to refuse planning permission for residential development for 203 […]

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 the control and regulation of development requiring planning permission.  Planning conditions “should be kept to a minimum” (paragraph 55).  A planning condition concerning matters which are to be controlled under an alternative ‘regime’ are unlikely to meet the test […]

The late payment loophole

In the last week MPs and representatives of SMEs have highlighted a loophole in The Reporting on Payment Practices and Performance Regulations 2017, with the capacity to almost entirely undermine the Regulations and their ability to remedy the mischief of late payment. Late payment is a subject close to the heart of anyone practising at […]

Exploring changes to deprivation of liberty regime

Alex Cisneros, barrister at No5 Barristers’ Chambers, discusses the scope of changes introduced by the Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) which received Royal Assent on 16 May 2019. MC(A)A 2019 amends Mental Capacity Act 2005 (MCA 2005) and will have a considerable impact on the deprivation of liberty (DoL) regime. Mental Capacity (Amendment) […]

Latest Briefings

Adjudication Matters – June 2019

The Slip Rule – the “gateway” for consequential corrections to an adjudicator’s decision? Introduction In the recent judgment of Axis M&E UK Ltd v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC), the Technology & Construction Court considered for the first time whether consequential corrections are permitted under the statutory slip rule in the context of adjudication. […]

BIC v Burgess: pension increases were not validly introduced

By Suzanne Burrell, Jenny Farrell The Court of Appeal has overturned the High Court decision in Burgess v BIC, finding that increases to pensions in payment had not been validly introduced. We commented on the High Court decision in our update last year. Background The inflation-linked annual increases had been introduced following a trustee meeting in 1991 […]

Brewers – what’s in a name?

By Jo Pritchard More than a year after its initial launch, a Welsh brewery, formerly named LOKA POLLY, has been forced to rebrand following a complaint raised by a Swedish multinational conglomerate over the use of the LOKA POLLY name. This kind of dispute and rebranding experienced by the now-named Polly’s Brew Co is unfortunately […]

NI employers remain liable for higher holiday pay costs

By Leeanne Armstrong In a landmark ruling the Court of Appeal (CA) yesterday upheld an Industrial Tribunal (IT) decision that police officers and civilian staff are owed substantial back pay in respect of underpaid holiday pay. (Alexander Agnew & Others v Chief Constable for the Police Service of Northern Ireland & Others [2019] NICA 32) The original decision […]

New rules for enforced works

Decree-Law no. 66/2019 of 21 May was published recently to amend the rules on summonses to execute maintenance, rehabilitation or demolition works, and on their enforced execution. This legislation is part of the wider strategy of the New Generation of Housing Policies (NGPH), approved by Resolution of the Council of Ministers in May 2018. In accordance with the […]

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Withers appoints Geneva chief as its second female chair

Withers has appointed private client partner Justine Markovitz as its new chairperson, following the conclusion of Ivan Sacks’ second term in the role. Markovitz is based in Geneva, where she leads the firm’s Swiss practice. She qualified in 1996, joining Withers in 1999, becoming partner in 2004 and relocating to the Swiss city in 2005. […]

Northern barristers chambers eyes move to London

Northern-headquartered Exchange Chambers has decided to make the move to London, after announcing a record turnover in the last financial year. The set is firmly established in the North, with offices in Manchester, Liverpool and Leeds but a revenue of £33.1m in 2018/19 has led the chambers to explore opportunities in London. The set has […]

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