Qualified one-way costs shifting (“QOCS”) applies to proceedings which include a claim for damages for personal injuries, under the Fatal Accidents Act 1976 or which arises out of death or personal injury and survives for the benefit of an estate by virtue of Section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934 (Civil Procedure … Continue reading
CCTV can often be said by people to be a ‘breach of human rights’ but is that correct? And can CCTV be considered a breach of the right to a private family life? The recent Court of Appeal matter of Molloy v BPHA Limited [2021] EWCA Civ 1035 (“Molloy”) considered that question, alongside other matters … Continue reading
I have previously written on the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) in my article entitled ‘Using powers to prevent anti-social behaviour to protect, not punish’; that article looked at whether powers under the Act could be used in a way different to that that is normally expected. This article will consider … Continue reading
Practice Direction 55C (‘PD55C’) came into force on the 23rd August 2020. It is a Practice Direction within the Civil Procedure Rules that provides temporary provision in relation to possession proceedings during the Coronavirus pandemic. PD55C provides a temporary modification to Part 55 during the period beginning on 20th September 2020, which is the end … Continue reading
Previously, I have considered the Public Sector Equality Duty (“PSED”) and possession proceedings in my article entitled “PSED, Cuckooing and Possession”. Whilst I appreciate that possession proceedings may not be at the forefront in the current climate (and for more information on this, please see Paul Tapsell’s article regarding possession proceedings and the Coronavirus Act … Continue reading
The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply. … Continue reading
This article will look at the recent judgment given in Samuels v Birmingham City Council [2019] UKSC 28 (“Samuels”) and the legislation regarding homelessness and intentionally homeless decisions. The Appellant, in the case of Samuels, was an assured shorthold tenant of a property where she lived with her 4 children. Due to rent arrears, in … Continue reading
“He tried to strangle me” – what meaning would you give to that statement? Would you give it a different meaning if you saw it as a comment on Facebook, as opposed to it being within a newspaper article? Would you split the sentence up and give it a meaning dependant on the definitions of … Continue reading
The recent decision of Cameron (Respondent) v Liverpool Victoria Insurance Co Ltd (Appellant) [2019] UKSC 6 is an interesting insight into service of untraceable and unidentified drivers that are liable for road traffic accidents. This case concerned an appeal in the Supreme Court on the question of “in what circumstances is it permissible to sue … Continue reading
Interview season is a stressful time for most pupillage applicants but you need to ensure you don’t bury your head in the sand and instead go into your interviews prepared for whatever might be thrown at you. To assist you, Becket Chambers’ pupils have provided some of their top tips from their experiences below: Be … Continue reading
Cara Radford assesses applications for possession by public authorities in light of the Public Sector Equality Duty and where cuckooing is an issue. Section 149 of the Equality Act 2010 (“the Act”) provides the Public Sector Equality Duty (“PSED”) which requires public authorities, in the exercise of its functions, to have due regard to the … Continue reading
The Legal Framework Under Section 31(1) of the Children Act 1989 (“CA1989”), the Court may, on the application of any local authority or authorised person, make an order placing a child into the care of or under the supervision of the designated local authority. The Court may only make such an order if it is … Continue reading
The recent case of Re A and B (children) [2018] EWHC 3491 (Fam) was a case heard in the High Court by the then President of the Family Division, Sir James Munby. It considered cross applications from a Local Authority (“LA”) and a journalist arising out of care proceedings brought by the LA which resulted … Continue reading
The Anti-Social Behaviour, Crime and Policing Act 2014 brought with it new powers in order to tackle anti-social behaviour (ASB). It introduced, amongst other things, the Criminal Behaviour Order (CBO), the civil injunction and the closure order. Local Authorities and Police Forces, amongst other organisations can apply for these; but when thinking about these powers, … Continue reading
Whilst only 3 weeks into Pupillage, I can tell you that I both thoroughly enjoy being a Pupil barrister and that it is unlike any job I have ever done. Becket Chambers has been immensely welcoming to me and every member of Chambers has made an effort to chat, say hello and help me with … Continue reading