Our Case Comment blog features reviews of recent judicial decisions as well as articles on the current caselaw within our areas of practice
Department for Communities and Local Government v Shirley Frances Blackmore (Executrix of the Estate of Cyril Leonard Hollow, Deceased)  EWCA Civ 1136
Jacqueline Rubens, barrister at Invictus Chambers, on when employers may be judged as contributorily negligent to asbestos related deaths. Asbestos related disease is highly prevalent in the UK. Legislation banning its use came into force in the mid 1980s, and asbestos related liability continues to be a headache for many manufacturers and insurers. The sole […]
Simao Paxi-Cato, employment and discrimination barrister at Invictus Chambers, reviews the long awaited decision of the Supreme Court in R (Unison) v Lord Chancellor  UKSC 51 concerning the lawfulness of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 and considers the implications for past (including thereotical) litigants. The issue in the Supreme Court […]
Chesterton Global Limited and Another v Nurmohamed (2017) EWCA Civ 979 – The “Public Interest” Test in Whistleblowing Claims
Trisan Hyatt, employment and discrimination barrister at Invictus Chambers, reviews the recent decision of the Court of Appeal in which the Court considered the “public interest” test in the whistleblowing legislation (as amended) and gave it a wide interpretation. In order to be protected against detriment or dismissal under the whistleblowing legislation, a worker must […]
Alexander Swain, immigration barrister at Invictus Chambers, considers the High Court’s decision in The Queen on the application of MK (a child by her litigation friend CAE) v SSHD  EWHC 1365 [Admin]. The High Court’s decision in The Queen on the application of MK (a child be her litigation friend CAE) v SSHD (“MK”) […]
As part of our regular review of the Civil Procedure Rules (CPR), Martha Lewis, pupil barrister at Invictus Chambers, examines the High Court’s recent judgment concerning applications to set aside default judgments under CPR 13.3. In Redbourn Group Ltd v Fairgate Development Ltd, the High Court refused the Defendant’s application to set aside default judgment. […]
Ian Beeby, tenant at Invictus Chambers, highlights potential problems for parties in civil litigation using Forms 6A and N215. Two recent incidents have highlighted the necessity for practitioners to be aware that our beloved Court Forms are not to be taken at face value. There may be errors and omissions on them. First, the new Form 6A […]
R (on the application of Kiarie) (Appellant) v Secretary of State for the Home Department (Respondent) R (on the application of Byndloss) (Appellant) v Secretary of State for the Home Department (Respondent)  UKSC 42
Robert Parkin, immigration barrister at Invictus Chambers, considers whether the Supreme Court’s recent decision marks an end to “Deport First Appeal Later”. Deportation of migrants who commit serious crimes is a politically charged legal topic. The Prime Minister, in her former capacity as Home Secretary, sought to characterise herself as tough on both migration, crime, […]
R. v Clarke (Ralph), R. v Cooper (Peter), Court of Appeal (Criminal Division)  EWCA Crim 393. Should a Defendant’s old age be a factor when sentencing?
As part of our regular review of criminal law, Rhodri Jones, pupil barrister at Invictus Chambers, considers the extent to which extreme old age should be taken into account by the courts when sentencing. Until fairly recently, the idea of someone in their nineties being committed for trial for things that allegedly happened many years […]
Regina v Tracey Riddell  EWCA Crim 392. An interesting point and a cautionary tale. John Bishop, tenant at Invictus Chambers.
On 5th April, 2017, the Court of Appeal gave judgment on the point of whether self-defence was capable of amounting to a defence to a charge of dangerous driving. It concluded that it was. The basic facts were that Miss Riddell had taken a mini-cab from Romford to her home in Dagenham, told the […]
Katherine Gittins, pupil barrister at Invictus Chambers, reviews the procedural requirements to determine introductory tenancies. The judgment handed down on 22 March 2017 provides useful insight into the required notice to determine introductory tenancies under section 128 of the Housing Act 1996 (“the Act”). Legal Framework An introductory tenancy provides a “trial period” where […]