Our Case Comment blog features reviews of recent judicial decisions as well as articles on the current caselaw within our areas of practice
Court of Appeal overturns Order that judgment providing guidance on the use of covert recordings in family proceedings should be published. By Victoria Kiver, pupil barrister at Invictus Chambers. The case concerned a father’s appeal against two orders which were made in private law proceedings in June 2016 by Judge Bellamy sitting as a Circuit […]
Panayiotou v Waltham Forest LBC & Smith v Haringey LBC  EWCA Civ 1624. What does “significantly vulnerable” mean for the purposes of homeless assistance under section 189 Housing Act 1996? By Tim Samuel, housing barrister at Invictus Chambers.
Lord Neuberger found in Hotak v Southwark LBC  UKSC 30 ,  AC 811 that to be in priority need for homelessness assistance under section 189(1)(c) of the Housing Act 1996 a person needed to be “…”significantly more vulnerable than ordinarily vulnerable” as a result of being rendered homeless…” The role of the decision […]
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 employees 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 […]