Latest News

  • Chambers - 22, June
    beach

    Commercial & Criminal pupil now available for instructions

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    Posted by Amy Wood

    We are delighted to announce Adam Farhadian-Griffiths is now available to be instructed, having completing his first six under pupil supervisors Charles Row and Mark Williams. Adam was called to the Bar in 2013 after completing a Commercial Law LLM. Prior to pupillage Adam was appointed as in-house counsel for a financial services business in … Continue reading Commercial & Criminal pupil now available for instructions

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  • Personal Injury - 24, May
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    Claimants Can Pursue Unknown Drivers

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    Posted by Lauren Seager

    Yesterday, the Court of Appeal gave an important judgment in the case of Cameron -v- Hussain [2017] EWCA Civ 366. The Court decided that the driver of an insured vehicle did not have to be named in order to for obligation of the insurer to satisfy a judgment under Section 151 of the Road Traffic … Continue reading Claimants Can Pursue Unknown Drivers

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  • Family - 18, May

    Training on abuse claims provided by Queen Square Chambers

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    Posted by James Dowse

    Joanna Lewis, Christopher Taylor and Lauren Seager recently delivered training on abuse claims to a nationwide firm of solicitors.  The Personal Injury team here at Queen Square Chambers recognise that this is an area in which the number of enquiries and claims are growing. Claims involving abuse can involve unique and complex problems such as … Continue reading Training on abuse claims provided by Queen Square Chambers

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  • Employment - 18, May
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    James Bromige succeeds at the Employment Appeal Tribunal

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    Posted by James Dowse

    James Bromige recently appeared in the EAT representing the Appellant in the case of Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16/JOJ.  The case concerned section 15 and section 20 EA 2010 discrimination claims as well as unfair dismissal.  James succeeded on two of his grounds of appeal, with the remaining grounds stayed pending referral back to the … Continue reading James Bromige succeeds at the Employment Appeal Tribunal

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  • Employment - 18, May
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    Is it possible to get paid whilst being asleep on the job?

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    Posted by Seán McHugh

    Yes. Case law in this area highlights the complexity of the Regulations when considering a worker who is required to ‘sleep on the job’.  Further, it appears that each case will be decided on its own facts, including the wording of the contract and the context within which it is made.  If employers fail to … Continue reading Is it possible to get paid whilst being asleep on the job?

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  • Employment - 18, May
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    When is an employee deemed to have had effective Notice?

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    Posted by Seán McHugh

    In the recent case of Newcastle upon Tyne NHS Foundation Trust –and- Haywood [2017] EWCA Civ 153, the Court of Appeal considered this vexed question. The Trust sent a letter to Ms. Haywood purporting to terminate her employment with 12 weeks’ notice on 20 April, 2011.  Ms. Haywood was out of the country on holiday at … Continue reading When is an employee deemed to have had effective Notice?

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  • Employment - 18, May
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    When “to Polkey or not to Polkey”, that is a good question

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    Posted by Seán McHugh

      This is a question that is considered in almost all unfair dismissal claims: whether or not there has been procedural unfairness such that a tribunal may either reduce a claimant’s award for not having followed a fair procedure, or increase a claimant’s award because the respondent didn’t follow a fair procedure. Any award made … Continue reading When “to Polkey or not to Polkey”, that is a good question

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  • Employment - 18, May
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    The employer and the apprentice – premature termination of contract

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    Posted by Seán McHugh

    This is a tricky area in which there remains much debate as to whether or not apprentices are protected from redundancy per se, and that in making an apprentice redundant would potentially place an employer in breach of contract. Apprentices are, predominantly, treated like employees, and consequently many businesses make the mistake of making them … Continue reading The employer and the apprentice – premature termination of contract

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  • Employment - 18, May
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    Do you employ staff adjustments for disabled applicants?

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    Posted by Seán McHugh

    Do you employ staff? How thorough are you when it comes to adjustments for disabled job applicants? The EAT in the case of Government Legal Services –and- Ms. Brookes EAT/0302/16/RN has held that a psychometric test was discriminatory. The claim was brought by a budding lawyer, Ms. Brookes, who suffers from Asperger’s syndrome, and who … Continue reading Do you employ staff adjustments for disabled applicants?

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  • Personal Injury - 3, May
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    Case Report – John Hancock v DHL Supply Chain Ltd

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    Posted by Christopher Taylor

    On 27th April 2017 Mr Recorder Blohm QC gave judgment following a heavily contested 3 day quantum trial at Bristol County Court. It is perhaps notable for: a) the level of award for PSLA and b) an award for loss of congenial employment being made (£5000) for a lorry driver. Key facts The Claimant was … Continue reading Case Report – John Hancock v DHL Supply Chain Ltd

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  • Crime - 10, April
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    Another Brick in the Wall: Section 444 of the Education Act 1996

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    Posted by Catherine Flint

    With the Easter Holidays upon us, prices for flights and holidays have shot up. This is a pain that any parent of a school-age child will be all too familiar with: the cost of taking the family away during the school holidays. It is this cost that lead Jon Platt to take his daughter out … Continue reading Another Brick in the Wall: Section 444 of the Education Act 1996

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  • Family - 3, April
    Richard Pinhorn Family Barrister

    Richard Pinhorn joins Family Team

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    Posted by Amy Wood

    The Family Team at Queen Square Chambers are delighted to welcome new tenant, Richard Pinhorn to their ranks. Richard, called in 1998, is a family law specialist with particular focus on Public and Private Law Children matters. Richard joins us from a set in Derby where he had built a successful practice acting for parents, … Continue reading Richard Pinhorn joins Family Team

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  • Commercial - 16, March
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    McBride and Clayton: Nil excesses and 7 day versus 28 day rates in Credit Hire cases

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    Posted by Lauren Seager

    On 15th March 2017 the Court of Appeal handed down judgment in the conjoined appeals of McBride v UK and Clayton v EUI, both of which raised issues as to the effect nil excesses provided by credit hire companies. Key Points Stevens v Equity is good law The absence of a nil excess available in … Continue reading McBride and Clayton: Nil excesses and 7 day versus 28 day rates in Credit Hire cases

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  • Crime - 13, March
    Criminal Dept CPD May 17

    Criminal Department Spring CPD Seminars

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    Posted by Amy Wood

    The Criminal Department will be hosting Spring seminars this May in both Bristol and Cardiff. 11th May 2017 at the Radisson Blu Hotel, Broad Quay, Bristol, BS1 4BY 17th May 2017 at the Clayton Hotel, St Mary Street, Cardiff, CF10 1GD Registration and refreshments from 5pm, with the following talks starting at 5.30pm for two … Continue reading Criminal Department Spring CPD Seminars

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  • Chambers - 1, March

    New vacancy – Seeking level 3 or 4 CPS RASSO advocates

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    Posted by Amy Wood

    Queen Square Chambers is a busy common law set based in the heart of Bristol, a city recently voted the best place to live in the UK. Having been established in Bristol for over 40 years, we pride ourselves on high standards of professionalism and service.  Coupled with approachability, there is a strong collaborative ethos … Continue reading New vacancy – Seeking level 3 or 4 CPS RASSO advocates

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  • Commercial - 27, February
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    Covered by a Card

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    Posted by Hamish MacBean

    Hamish MacBean considers a recent decision as to the extent of the protection afforded under s. 75 Consumer Credit Act when there is an additional party involved in the transaction. The protection afforded to consumers paying for goods and services is now well known and many consumers are using credit card payments as a form … Continue reading Covered by a Card

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  • Clinical Negligence - 27, February

    Rider of Neglect in relation to care provided by Ambulance Trust

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    Posted by Dr David Thomas

    On the 24th February 2017 the HM Senior Coroner for Berkshire concluded the inquest into the death of Lilly-May Page Bowden who died on the 15th May 2014. At the time of her death Lilly-May was 5 years old. She had just finished for the day at her school and was running across the school … Continue reading Rider of Neglect in relation to care provided by Ambulance Trust

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  • Clinical Negligence - 15, February
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    Court of Appeal reinforces Importance of Informed Patient Choice

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    Posted by Lauren Seager

    The Court of Appeal has handed down its first judgment since the landmark case of Montgomery v. Lanarkshire Health Board [2015] UK SC 11 reinforcing the importance placed on patient choice. The case of Sebastian Webster (a Child and Protected Party by his Mother and Litigation Friend, Heather Butler) v. Burton Hospitals NHS Foundation Trust … Continue reading Court of Appeal reinforces Importance of Informed Patient Choice

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  • Chancery - 9, February
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    Time and Tide Wait for No Man – Oldcorn v Southern Water Services Ltd [2017]

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    Posted by Lauren Seager

    The recent case of Oldcorn v Southern Water Services Ltd [2017] EWHC 62 (TCC) serves as a reminder of the hurdles claimants must surmount in order to recover their losses and of the need to critically assess one’s own expert evidence before trial. This case served as a test case for claims following the 2012 … Continue reading Time and Tide Wait for No Man – Oldcorn v Southern Water Services Ltd [2017]

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  • Personal Injury - 8, February

    Highways Claims – Lack of inspections over the weekend undermined Section 58 Defence

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    Posted by Lauren Seager

    In a rare defeat for a Highway Authority the Court of Appeal has held that their system of inspection of reported defects by the next working day was inadequate where it resulted in a delayed inspection of defects reported on a Friday: Crawley v. Barnsley MBC [2017] EWCA Civ 36 One Friday afternoon a member … Continue reading Highways Claims – Lack of inspections over the weekend undermined Section 58 Defence

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  • Commercial - 6, February
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    It takes two to Tango – Global v Aabar

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    Posted by Hamish MacBean

    Hamish MacBean considers the recent Court of Appeal decision in Global v Aabar on whether parties to a commercial contract had in fact agreed terms. A recent Court of Appeal decision provides a useful reminder to both litigators and advisors of the points to consider when determining whether parties have concluded a contract. In Global … Continue reading It takes two to Tango – Global v Aabar

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  • Clinical Negligence - 2, February
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    Claimant brings successful wrongful birth claim against NHS Trust

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    Posted by Lauren Seager

    Claimant brings successful wrongful birth claim after practitioners fail to appreciate that the fetus was at risk of suffering from microcephaly. The claimant brought a clinical negligence claim against the defendant NHS trust alleging that they had been negligent for failing to recognise features on ultrasound scans which suggested that there was a risk of … Continue reading Claimant brings successful wrongful birth claim against NHS Trust

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  • Personal Injury - 2, February
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    Applications for Pre-Action Disclosure fixed costs decision

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    Posted by Lauren Seager

    Applications for Pre-Action Disclosure in portal claims still subject to fixed costs even where it has fallen out of the portal. The Court of Appeal held that fixed costs apply to applications for pre-action disclosure in cases which start off within the personal injury portals even where it has fallen out by the time of … Continue reading Applications for Pre-Action Disclosure fixed costs decision

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  • Personal Injury - 25, January
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    Pedestrian struck by car: Wooldrige v George

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    Posted by Lauren Seager

    Judge Walden-Smith handed down judgment this week in another useful pedestrian versus car case holding the driver primarily liable. The claimant had been out drinking and was in the process of crossing the road when he was struck by the defendant’s car. It was accepted that the defendant had not been distracted and was driving … Continue reading Pedestrian struck by car: Wooldrige v George

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  • Chambers - 9, January

    Pupillage 2017 Applications – Now being accepted

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    Posted by Amy Wood

    Queen Square Chambers is offering one 12-month general common law pupillage to commence in October 2017 with funding of £7500 in first six and guaranteed earnings of £7500 in second six. Chambers is located in Bristol and our members are instructed in cases nationwide, with a particular focus on the Western and Wales and Chester Circuits. … Continue reading Pupillage 2017 Applications – Now being accepted

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  • Clinical Negligence - 22, December
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    Significant settlement reached with NHS Trust

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    Posted by Dr David Thomas

    Dr David Thomas has settled a clinical negligence claim for a seven figure sum in the case of B v Y NHS Trust. The case involved the failure of the Defendant to properly investigate the development of visual loss in a young woman on the combined oral contraceptive pill, a predisposition to clotting and a congenital abnormality of … Continue reading Significant settlement reached with NHS Trust

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  • Chambers - 15, December

    Christmas opening hours 2016

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    Posted by Amy Wood

    We’re still here to help all the way up until 4pm on 23rd December so please don’t hesitate to get in touch if you need anything. We’ll also be here between Christmas and New Year: Friday 23rd December 08:30 – 16:00 Wednesday 28th December 09:30 – 16:00 Thursday 29th December 09:30 – 16:00 Friday 30th … Continue reading Christmas opening hours 2016

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  • Crime - 14, December

    Catherine Flint represents Newport childminder found not guilty

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    Posted by Catherine Flint

    Catherine Flint represented a Newport childminder found not guilty of assaulting children in her care. Alison Burt-Ryan, a childminder since 2001, was found not guilty of two counts of assault by beating, clearing her of causing injury to two boys in her care.  Cwmbran Magistrates Court heard that Mrs Burt-Ryan had been accused of two incidents … Continue reading Catherine Flint represents Newport childminder found not guilty

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  • Employment - 8, December
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    Employment Relations Authority – a different approach

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    Posted by Victoria Heasman

    It is now officially summer here in New Zealand and to completely confuse me I had my first mince pie on the first day of summer! No white Christmas for me this year! Since my last blog I have visited the Employment Relations Authority (ERA), something I have mentioned in a couple of my previous … Continue reading Employment Relations Authority – a different approach

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  • Crime - 24, November
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    Breathe Easy, We Have a Right To Life

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    Posted by Charley Pattison

    Air Pollution in the High Court According to Public Health England, 29,000 early deaths a year in the United Kingdom are thought to be caused by inhaling tiny particles of unburnt soot known as particulate matter. The government has  recently estimated that a further 23,500 deaths are caused by the other key dangerous pollutant, nitrogen … Continue reading Breathe Easy, We Have a Right To Life

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  • Crime - 23, November
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    Earthquakes and gang culture – an update from New Zealand

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    Posted by Victoria Heasman

    The last few weeks have been hectic, both in court and outside. Having been due to spend two weeks with the Crown Law Office (the body which provides legal advice and representation services to the government) I flew to Wellington on 13 November only to be woken at midnight by my hotel room shaking. New … Continue reading Earthquakes and gang culture – an update from New Zealand

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  • Chambers - 9, November
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    New tenant announcement – Lucie Stoker

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    Posted by Colleen Inker

    Queen Square Chambers is delighted to announce that Lucie Stoker (2011) will be joining our growing and busy Criminal Department, as of January 2017. Lucie joins us from Westgate Chambers where she has been practising following the successful completion of her pupillage. Her Criminal practice includes such matters as violent offences, drugs, sexual assault and … Continue reading New tenant announcement – Lucie Stoker

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  • Crime - 3, November

    Charles Row secures acquittal for Somali man accused of rape

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    Posted by Charles Row

    Charles Row defended Nasir Mahamoud before Bristol Crown Court, in a case where a group of young Somali refugee men were on trial for the rape and sexual exploitation of vulnerable, young teenage girls.  The case relied on evidence of trafficking and grooming activity over a period of 2 years.  Mr Mahamoud was acquitted on … Continue reading Charles Row secures acquittal for Somali man accused of rape

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  • Crime - 3, November

    Robin Shellard successfully defends Somali man on two counts

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    Posted by Robin Shellard

    Robin Shellard recently defended Abdiraham Galal before Bristol Crown Court, in a case where a gang of Somali men were on trial for charges of rape and abuse from five years ago.  Galal was found not guilty of two counts and the CPS have opted not to go to re-trial on another count which the … Continue reading Robin Shellard successfully defends Somali man on two counts

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  • Employment - 2, November

    Kerry Gardiner – First Bristol Pound lawyer

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    Posted by Kerry Gardiner

    Bristol is by far one of the most vibrant, exciting and refreshing cities to live with its ever-present community spirit that embraces diversity. Home to an abundance of beautiful and historical landmarks, there is always something to see and do.  For me, however one of the most exciting elements of living in Bristol is the … Continue reading Kerry Gardiner – First Bristol Pound lawyer

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  • Employment - 31, October
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    Uber and the Future of the Gig Economy

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    Posted by Kerry Gardiner

    The rise of the “gig economy” has meant that many businesses have been waiting with bated breath for the judgment of the Employment Tribunal in the widely publicised Uber case (Aslam, Farrar and Others v Uber Case Nos 2202550/2015 & Others). At the heart of the case was whether Uber’s drivers are “workers” within the … Continue reading Uber and the Future of the Gig Economy

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  • Employment - 27, October
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    Reasonable adjustments: Is there a need to show an adjustment will work?

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    Posted by Seán McHugh

    An employer had failed to make reasonable adjustments where there was a real chance, but no guarantee, that the adjustment would work. In South Staffordshire & Shropshire Healthcare NHS Foundation Trust v Billingsley, UKEAT/0341/15/DM Mrs. Billingsley (the “Claimant”) worked as a data input clerk.  She suffers from dyspraxia, a disability, which made her more prone … Continue reading Reasonable adjustments: Is there a need to show an adjustment will work?

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  • Crime - 27, October

    A Sex Offenders Register for New Zealand

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    Posted by Victoria Heasman

    Since my last blog the Employment Law Conference was held in Auckland, a national conference for employment lawyers which is only held every two years. I attended with my colleagues and the timing was perfect: a thorough and interesting initiation into life at the New Zealand employment bar with a chance to see some of … Continue reading A Sex Offenders Register for New Zealand

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  • Employment - 24, October

    Will the Government’s planned restaurant tips law end unfair tipping practices?

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    Posted by Seán McHugh

    Plans to increase transparency for consumers and employees in relation to tipping have recently been announced by the Business Secretary, Sajid Javid. Following a call for evidence on tipping practices in the hospitality, leisure and service industry, which closed on 10 November 2015, the Government launched a two-month consultation on its proposals aimed at securing … Continue reading Will the Government’s planned restaurant tips law end unfair tipping practices?

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  • Chambers - 17, October
    Bristol Law Society Awards 2016

    Bristol Law Society Annual Awards Dinner 2016

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    Posted by Amy Wood

    On Thursday evening (13th October) members, staff and guests of Queen Square Chambers attended the annual BLS awards dinner. A fantastic night was had by all – great speeches from John Moriarty and Robert Bourns topped off with some very funny anecdotes from Clive Coleman.  We would like to offer our congratulations to those that won awards … Continue reading Bristol Law Society Annual Awards Dinner 2016

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  • Crime - 13, October

    But I never agreed to this! Introduction of the guilty pleas of co-conspirators

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    Posted by Robin Shellard

    R v Denham [2016] EWCA Crim 1048 In July of this year I represented Mr Denham (D) in his appeal against conviction for conspiracy to sexually assault a child. The Judgement has just been published both in Archbold News and in CLW Issue 35/2. The issues that were considered were the introduction of the guilty … Continue reading But I never agreed to this! Introduction of the guilty pleas of co-conspirators

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  • Employment - 12, October

    Kia ora and welcome to New Zealand!

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    Posted by Victoria Heasman

    My first couple of weeks working in Auckland have shown me that although many of the overarching principles of employment law are similar in both jurisdictions there are clear differences, both in structure and substance. There is a strong emphasis on mediation and out of court settlements, with most cases going through enforced mediation and … Continue reading Kia ora and welcome to New Zealand!

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  • Employment - 12, October

    Victoria Heasman working as a Pegasus Scholar in New Zealand

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    Posted by Victoria Heasman

    Victoria is currently in Auckland, New Zealand at one of the country’s leading law firms, Meredith Connell. Victoria is based in the employment department and will also be working under Meredith Connell’s Brian Dickey who is the Crown Solicitor for Auckland. The Crown Solicitor is responsible for the conduct of Crown prosecutions in the High … Continue reading Victoria Heasman working as a Pegasus Scholar in New Zealand

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  • Employment - 6, October

    Judicial Assessment in the Employment Tribunal

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    Posted by Kerry Gardiner

    On 3 October 2016, The President of the Employment Tribunals, Judge Brian Doyle, issued Presidential Guidance with an appended protocol on Judicial Assessments. Judicial assessment is an impartial and confidential assessment of the strengths, weaknesses and risks of the parties’ respective claims by an Employment Judge. At the heart of the protocol is the aim … Continue reading Judicial Assessment in the Employment Tribunal

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  • Crime - 3, October

    Charley Pattison awarded Scholarship to work at the European Court of Human Rights

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    Posted by Charley Pattison

    Charley Pattison has been awarded by the Inns of Court a prestigious Pegasus Scholarship to work for three months at the European Court of Human Rights in Strasbourg. She will be working in the UK office of the Court and assessing applications made against the State, providing written advice to the senior lawyers, and drafting … Continue reading Charley Pattison awarded Scholarship to work at the European Court of Human Rights

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  • Crime - 28, September

    Fitness to plead in the Magistrates’ Court

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    Posted by Mike Blitz

    The vast majority of criminal cases conclude in the Magistrates’ Court, yet the rules and procedure for defendants with serious mental health difficulties (i.e. those who are ‘unfit to plead’) are opaque and somewhat non-sensical. What follows is a quick guide. Fitness to plead in the Crown Court… for context The procedure for fitness to … Continue reading Fitness to plead in the Magistrates’ Court

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  • Personal Injury - 28, September
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    Experts in personal injury cases – a second opinion?

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    Posted by Lauren Seager

    Supportive experts are fundamental to the success of a personal injury claim. So what happens when your client loses confidence in your chosen expert or they can no longer continue their assistance? You are really only left with three choices: Proceed with what you have (and hope for the best); Put further questions to the … Continue reading Experts in personal injury cases – a second opinion?

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  • Chambers - 28, September

    Queen Square Chambers take part in Bristol Legal Walk 2016

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    Posted by Amy Wood

    On Monday 26th September, a small team from chambers took part in  the Bristol Legal Walk – a 10km sponsored walk around Bristol and the city sights to raise money for local advice services organised by the South West Legal Support Trust. Tom Cole, Colleen Inker, Chris Taylor, Mike Blitz and Amy Wood completed the walk … Continue reading Queen Square Chambers take part in Bristol Legal Walk 2016

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  • Chambers - 26, September

    A brand new tenant – Catherine Flint

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    Posted by Amy Wood

    We are absolutely delighted to announce our newest tenant is Catherine Flint.  Catherine has just completed a very successful pupillage with us and is available for Criminal and Family work. Welcome aboard!

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  • Crime - 7, September

    Life as a third six

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    Posted by Mike Blitz

    I came to Queen Square Chambers as a third-six pupil in November 2015, having completed pupillage in a London mixed common law set. Although I had developed a strong second-six practice and was likely to be offered tenancy, I decided a circuit practice – with quicker access to more senior work and a less frantic … Continue reading Life as a third six

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  • Employment - 7, September

    Can employers aggregate minor acts of misconduct to dismiss fairly without warning?

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    Posted by Seán McHugh

    In the long-running case of Ham v The Governing Body of Beardwood Humanities College, UKEAT/0179/15/MC the Employment Appeal Tribunal (“EAT”) recently considered the issue of whether a series of relatively minor acts of misconduct can be “aggregated” to justify a fair dismissal without a prior warning. Ms. Ham (the “Claimant”) was employed by Beardwood Humanities … Continue reading Can employers aggregate minor acts of misconduct to dismiss fairly without warning?

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  • Crime - 1, September

    Autumn Seminars

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    Posted by Colleen Inker

    The Criminal Department’s Autumn CPD Dates have now been released: Can the Proceeds of Crime Act pierce the corporate veil? Oliver Willmott sets out the ground rules. How to prepare a Crown Court case for the Mags. Charley Pattison takes a look at the increasing prevalence of sex cases in the Youth court. Common sense conclusions … Continue reading Autumn Seminars

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  • Personal Injury - 31, August

    Infant Settlements… what the court wants

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    Posted by Christopher Taylor

    “No settlement, compromise or payment….shall be valid….without the approval of the court” CPR 21.10 The rules surrounding children and protected parties is generally well known and set out in CPR 21 and 21PD. It is worth remembering that reasons given for having the Courts approval is: to protect the child from incompetent lawyers to give … Continue reading Infant Settlements… what the court wants

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  • Clinical Negligence - 31, August

    Getting a Second Bite of the Clinical Negligence Cherry

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    Posted by Lauren Seager

    Mr Justice Edis allowed the claimant in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) to pursue his claim against the defendant in relation to the hospital treatment he received despite having already settled the claim with the party responsible for the initial injury. Mr Wright was working as a sub-contractor for a roofing company … Continue reading Getting a Second Bite of the Clinical Negligence Cherry

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  • Clinical Negligence - 31, August

    Hot-tubbing: still an expensive investment but not without its benefits

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    Posted by Lauren Seager

    A hot-tub: a large tub filled with hot aerated water used for recreation or physical therapy (Oxford English Dictionary). Or, as many of us practicing in clinical negligence and personal injury are aware, it describes the process of experts giving evidence concurrently by way of a discussion chaired by the judge. The aim is to … Continue reading Hot-tubbing: still an expensive investment but not without its benefits

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  • Commercial - 25, August

    Anti Oral Variation Clauses

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    Posted by Hamish MacBean

    The Court of Appeal has recently injected some welcome clarity into a hitherto divided area of law. The question of whether variations to a contract may be concluded orally notwithstanding a contractual term to the contrary is one which has long been a source of dispute. A good measure of the difficulty arose from two … Continue reading Anti Oral Variation Clauses

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  • Commercial - 25, August

    Litigation Fraud

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    Posted by Hamish MacBean

    ‘No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts and all transactions whatsoever’[1] The question … Continue reading Litigation Fraud

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  • Commercial - 25, August

    Penalty Clauses

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    Posted by Hamish MacBean

    The Supreme Court has, for the first time in 100 years, comprehensively reviewed the law surrounding penalty clauses. The decision in Cavendish v Makdessi[1] considers the long established principles in Dunlop v New Garage[2] and recasts them. The law concerning penalty clauses has a long and detailed history stretching back to the 16th century practice … Continue reading Penalty Clauses

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  • Personal Injury - 27, July

    Slippers and Trippers

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    Posted by Hamish MacBean

    Download a round up of The Highways and Occupiers’ Liability Acts by Hamish MacBean from 2012. Hamish’s practice is wide-ranging, encompassing a mix of personal injury and general civil litigation work. His experience of court work includes involvement in fast and multi-track trials, interim hearings and detailed assessments of costs. Hamish is a forceful and … Continue reading Slippers and Trippers

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  • Personal Injury - 27, July

    Fatal Accident Claims

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    Posted by Chris Taylor

    INTRODUCTION Claims arising from the death of a party due to the negligence of others are frequently encountered but involve complex issues and are deserving of special attention. The article below sets out the bare bones of a seminar undertaken in October 2015 and to be repeated in 2016. THE LEGAL FRAMEWORK The estates’ claim … Continue reading Fatal Accident Claims

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  • Employment - 27, July

    Open Justice or a Gossip’s Charter?

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    Posted by Charles Murray

    It was not that long ago that the Ministry of Justice told us it would be ditching its copies of old employment tribunal judgments.  From the Autumn 2016, it seems that judgments are going to be available online for all to see.  Presumably the service will be similar to that offered by the Employment Appeal … Continue reading Open Justice or a Gossip’s Charter?

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