Field Court Chambers

Local Government Lawyer publishes analysis of R(YI) v LB Hackney, in which joshua swirsky acted for the successful local authority. The judge’s approach was that regardless of the strengths or weakness of the case, about which the parties had different views, there was a serious triable issue as permission for judicial review had been granted. The case then turned on the balance of convenience and was decided on the facts. https://lnkd.in/gx6h-hij Photo by Christopher Sardegna on Unsplash.com

We are very pleased to have been nominated for 2 awards in this year's #L500Awards: -we have been shortlisted for Court of Protection and community care 'set of the year'. - joshua swirsky has been shortlisted for Court of Protection and community care 'junior of the year'. Winners will be announced at The Legal 500 Bar Awards ceremony on Wednesday 25 September. Thank you to all our Court of Protection and community care clients for your support throughout the year. https://lnkd.in/dsSGvu6D

Max Lansman acted for a local authority that successfully defended racial harassment claims under the Equality Act 2010 (4-16), by an ex-employee. The claimant was found to be inconsistent in their allegations and after a 4-day hearing, the employment tribunal dismissed all the claims. https://lnkd.in/gVKN7kqv Photo by Bethany Legg on Unsplash.com

One month on from representing 1 successful local authority in a judicial review about interim relief in an age assessment case, joshua swirsky appeared for another. Again, Upper Tribunal Judge Smith had to consider the balance of convenience when interim relief is sought. The case was decided on its facts and each case will inevitably have to be considered separately in context. https://lnkd.in/dgsvnVzW Photo by Nicholas Kwok on Unsplash

In the debate on assisted dying, an often overlooked aspect for grieving family and friends is the financial implication of helping someone else to end their own life. Last week in The Times, Alexa Payet CTAPS discussed the 1st and only reported decision involving assisted dying and relief against the forfeiture rule: Ninian v Findlay. In that case she, our head of chambers John Critchley and Toby Bishop acted for the wife of a man suffering from a progressive incurable disease who had reached the decision to end his life with the assistance of a clinic in Switzerland. If Mrs Ninian hadn't collated material relevant to her husband’s suicide, nor taken specialist legal advice and reported the facts to the police, then co-operated with the investigation, she would likely have been caught by the forfeiture rule in common law. The forfeiture rule is based on the moral principle that someone can't benefit from their own wrongdoing. It means anyone who assists another to die by suicide forfeits an interest in their estate and any jointly-owned assets will be severed. An offence under the Suicide Act engages that rule, regardless of whether there is a criminal prosecution or conviction.

Local Government Lawyer publishes Rebecca Davies' analysis of the Suspected Inflicted Head Injury Service for children pilot. The SIHIS is intended to assess and provide opinions about suspected inflicted head/spine injuries in children under the age of 8 within care proceedings.   Rebecca highlights some of the potential Article 8 and 6 risks to the rights of parents and children arising from the controversial ‘experts hub’ trial. https://lnkd.in/gehYrQRn Photo by La-Rel Easter on Unsplash.com

Local Government Lawyer reports on Keith Chipato joining us as a tenant. Thanks for the write up Lottie Winson! https://lnkd.in/dckHkq58

Max Thorowgood writes for LexisNexis about adverse possession and estoppel under paragraph 5(2) of Schedule 6 to the Land Registration Act 2002. He discusses how El Massouri v Omani Estates Ltd - in which he acted for the leaseholder of loft space into which Mrs El Massouri extended her top floor flat - will be of common application in cases of adverse possession of loft space. https://lnkd.in/gkZn9WU9

We are delighted to welcome civil law barrister Keith Chipato who joins us today as a tenant. Keith’s practice is focused on housing, property, landlord and tenant (residential and commercial) and insolvency (personal and corporate). He has extensive experience of representing tenants and landlords across a wide range of housing and property matters including possession proceedings, leases, unlawful evictions, disrepair and HMOs. Before becoming a barrister, Keith worked at the Financial Ombudsman Service. https://lnkd.in/d8pWCREJ

Rebecca Davies discusses the Suspected Inflicted Head Injury Service (SIHIS) for children pilot and the potential Article 8 and 6 risks it poses to parents and children in care proceedings.   She also considers concerns about how the 3 trial “experts’ hubs” came into being including a lack of consultation. https://lnkd.in/dewhJDn2 Photo by Trym Nilsen on Unsplash