Please click here for the press summary and here for the full judgment. John Hayes QC will be speaking on this at a seminar we plan to hold next month....
In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband....
Please click here for the press summary and here for the full judgment. The Zenith Family Finance team will be launching seminars shortly....
Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence. “I'm not sure I want popular opinion on my side -- I've noticed those with the most...
RE E & F (ASSISTED REPRODUCTION: PARENT) sub nom AB (Applicant) v CD (Respondent) & Z FERTILITY CLINIC (Intervener) (2013) [2013] EWHC 1418 (Fam). One of the first cases to reach the courts concerning children registered as having two...
HIDE V STEEPLECHASE CO (CHELTENHAM ) LTD & ORS [2013] EWCA Civ 545 THE FACTS Mr Hide, a Jockey, sustained injuries when he fell from his horse during a race into a post on the rail running around the outside of the race course. He argued...
Williams –v- The Estate of Dayne Joshua Williams Deceased [2013] EWCA Civ 455 A contribution of 25 per cent of the damages by the mother of a child who had failed to strap the child in a booster seat properly in accordance with the...
Chief Constable of Hampshire –v- Kerry Ann Taylor [2013] EWCA Civ 469 The Chief Constable had breached his duty under the Protective Equipment Regulations by failing to provide thick gloves to officers who had to dismantle a...
Willcock,Nicholas and Lockwood- Price v Corus UK Ltd [2012] EWCA Civ 519 The Provision and Use of Work Equipment Regulations 1998 apply not only to dangers arising from the operator or others coming into contact with the machinery or equipment, but also...
David Joyce (by his Mother and Litigation Friend Stephanie Tarrant) –v- Edward O’Brien and Tradex Insurance Co Ltd [2013] EWCA VIC 546 This case shows that the principle of ex turpi causa is applicable where a claimant is taking...
KIM MURRAY (1) JEAN STOKES (2) V NEIL DOWLMAN ARCHITECTURE LTD [2013] EWHC 872 (TCC) The Costs Management Rules, now set out at Section II of CPR 3 , will apply to the majority of multi-track cases issued on or after 1st April 2013. By way of...
Where someone falls as a result of a defect in a highway, the fact that the street in general is in need of some "tlc" is irrelevant when considering the s.58 defence. Mr Barker tripped and fell on a raised cobblestone in the area surrounding a...
An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half...
Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most...
Peter Marcus, a member of our Housing Group will be speaking for the Lime Legal major annual conference titled ‘Social Housing Law & Practice 2013’ on 22nd May in London. The conference is aimed at a wide range of legal...
This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements. Section 27ZA of the Landlord & Tenant Act 1985 provides...
Tolerated trespass picks up its bed and walks: Fareham BC v Miller [2013] EWCA Civ 159 The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing...
In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. I have even heard one housing lawyer...
Sharif v Camden LBC [2013] UKSC 10, [2013] PTSR 343 The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as...
The Regulations applying the Government’s “social sector under-occupancy penalty” (a politically neutral description at least) are in force from 01/04/13. Broadly, social housing tenants of working age will see a deduction of 14% or...
Zenith Chambers are delighted to announce that Sarah Greenan has been appointed a part-time (fee-paid) judge of the First Tier Tribunal (Social Entitlement Chamber). Selection was competitive, with an initial written exam, followed by an interview and role...
“” Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject...
DPP v Fell [2013] EWHC (Admin) In this very recent case (in respect of which a transcript is not yet available), the court reiterated that a stay for abuse on the grounds of lost evidence has to be seen as an exceptional course. F was alleged to...
Please click here to read the full article....
We are delighted to announce that John Hayes, a member of the Zenith Chambers’ Family Group, has just been appointed as Queen’s Counsel. John was one of the 84 appointed nationally out of the 183 barristers who applied in this year’s...
By Marisa Allman Where do parents and prospective parents stand after the very recent decision in the case of S v D and E? What can parenting lesbian mothers and the men who donate sperm to enable them to have children expect if there is a disagreement...
After prolonged negotiations the case is settled – or so it seems. When acting for the Claimant you may say, “We haven't got all we wanted but at least we've succeeded.” For the Defendant you may say, “We've cut the...
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 deals in Part 2 with conditional fee agreement success fees. These and other provisions implement relevant parts of the Jackson reforms, all of which will be brought into force on 1 April 2013....
• Clifford Sayers v (1) Lord Chelwood, Deceased (2) Lady Chelwood [2012] EWCA Civ 1715 • Limitation Act 1980, s.33 Ever wondered what the "heavy burden" said to be imposed by s.33 of the Limitation Act 1980 actually means? For...
A Claimant was entitled to relief from sanctions where the breach of the unless order had been unintentional; had caused no real prejudice, and the conduct of the Defendant’s representative amounted to a breach of good practice RYDER PLC V BEEVER :...
This case confirms two key procedural principles:- a) It is not enough to insinuate fraud. It must be pleaded. b) It will be rare to be granted permission to appeal a costs decision from the first instance court. THE FACTS Mr Hussain claimed...
SYLVIA HENRY V NEWS GROUP NEWSPAPERS LIMITED [2013] EWCA Civ 19 On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough...
Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue. Please click here to read the full article...
The Legal Services Board has approved the Bar Standards Board’s application to amend its Code of Conduct to substitute standard contractual terms for the existing terms under the withdrawal of credit scheme. This is to come into force on 31st January...
Peter Marcus, a member of our Housing Group will be speaking for a HQN conference titled ‘Keeping up with housing law 2013’ on 11th December in London and on 13th December in Leeds. Peter will round up the key housing case law from 2012 and...
Once again Zenith Chambers sponsored the annual mooting event at The College of Law in York. This year’s final was judged by our very own John Collins and our Chief Executive, Andrew Argyle attended the prize giving evening on 22nd November to present...
Christmas & New Year opening times: Closed from 1.00pm Friday 21st December 2012 Re-open 8.30am Thursday 27th December...
FACTS The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter, but...
For anyone concerned as to whether a professional appointment imposes a duty guaranteeing or warranting a successful outcome the Court of Appeal decision in Trebor Bassett Holdings Limited -and- The Cadbury UK Partnership v. ADT Fire and Security Plc (2012)...
We are delighted to announce that 11 of our barristers have been recommended in the 2013 Chambers & Partners UK Bar Directory in 4 different areas of law being Chancery, Crime, Family/Matrimonial and Personal Injury. Stephen Howd, recommended in...
Each year Zenith Chambers holds its Munkman lecture in recognition of the life and work of John Munkman, a former member of Chambers. In the past some of the best judges in the land have presented a topic of their own choice. The list is long but...
Gordon examines the limitations upon the definition of dependants in fatal accident cases highlighted by the recent case of Swift v Secretary of State for Justice [2012] EWHC 2000. The first question that a practitioner has to consider in a fatal...
Congratulations to Nick Worsley who has been re-elected to the Bar Council for a further three years. In this role he will continue to engage with government to preserve the quality and independence of legal representation available to all regardless of...
In this article Elizabeth Darlington summarises the latest developments in the law relating to cohabitation. Please click here to read the article. ...
A five year old girl, Thusha Kamaleswaran, was shot through the spine and paralysed from the waist down for life, in March 2011. She was in her uncle’s shop in Stockwell, London, when two bullets were fired from a gun by a gang member from outside into...
Can the court depart from the normal consequences in CPR 36.10 (5), and if so in what cir-cumstances? SG v Hewitt [2012] EWCA Civ 1053 The court could depart from the normal costs rule in CPR r.36.10(5) in order to give weight to the...
Christopher Simmons (Appellant) V Derek Castle (Respondent) & (1) Association Of British Insurers (Abi) (2) Association Of Personal Injury Lawyers (Apil) (3) Personal Injuries Bar Association (Piba) (Interested Parties) [2012] EWCA...
In ‘occupier’ claims should to what extent should the blame rest with those responsible for carrying out the work as opposed to those responsible for the existence of the danger? Alexander v Freshwater Properties (1) and Christopher Place (2)...
Emma Hughes (A Child by her Aunt and Litigation Friend Mrs Anne Marie Armstrong) v The Estate of Dayne Joshua Williams (Deceased) and Louise Emma Williams [2012] EWHC 1078 (QB) It has long been accepted that a failure to wear a seatbelt will...
Gordon Exall looks at the cases and principles relating to interim payments and accommodation in catastrophic injury cases. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a...
