What's On At College Chambers

Upcoming Events & Seminars

£1,000,000 or Zero?

Seminar Date: Thursday 16th November 2017- from 5.30pm

ta 17.11.17


Latest News

New Member - Amy Oke

College Chambers is delighted to announce; Amy Oke has accepted an invitation to join Chambers following successful completion of her pupillage.

Amy Oke

Recognition in 2017 edition of The Legal 500

College Chambers are delighted to have received recommendations in this years Legal 500 both for our teams and individual members of Chambers.

 

College Chambers’ commercial team has experience in directors’ liability matters, partnership disputes, insolvency cases, and trusts and wills matters. Derek Marshall and Carol Davies are key contacts.

 

Carol Davies - College Chambers ‘Recommended for cases involving wills and administration of estates.’

Derek Marshall - College Chambers ‘His tenacity and advocacy skills never fail to impress.’

 

Family law is a key practice area at College Chambers, where the members have expertise across a range of matters. Douglas Taylor was appointed a District Judge in 2016.

 

Anthony Hand - College Chambers ‘Recommended for a broad range of family law matters.’

Simon Lillington - College Chambers ‘Well known for acting in family finance matters.’

 

Antonietta Grasso is head of the property team at College Chambers and her practice includes landlord and tenant matters, restrictive covenants, boundary disputes and adverse possession matters.

 

Antonietta Grasso - College Chambers ‘An excellent and stalwart advocate.’

 

An excellent year for Chambers and a massive congratulations to all who have been recommended in this years edition. 

Court of Protection Court Users Meeting at Bournemouth Combined Court on 1st February 2017

This was the third regular meeting chaired by District Judge Avis and organised by Sue Turner and Kelly Evans of Dorset County Council. We had the pleasure of Mr Justice Baker joining us along with Hannah Taylor of Bevan Brittan LLP who is the Regional Court Liaison for Plymouth for the South West Court of Protection Practitioners Association.

The meeting was well attended by lawyers practising in the Court of Protection but also social workers from local authorities and relevant personal representatives and IMCAs from Dorset Advocacy.

Mr Justice Baker gave us extremely useful views as to 5 key areas in the Court of Protection.

As to regionalisation of the Court of Protection and its administration, he confirmed that this has brought about greater number of judges being nominated as Court of Protection Judges and staff allocated to undertake the administrative work at the Court of Protection hub in Bristol. This has led to greater number of judges on the Western Circuit who can now deal with cases under the Mental Capacity Act 2005. However, it is worth noting that the judges and staff are not new recruits to the court system but existing resources being utilised in different roles. The general view of the attendees at the meeting was that regionalisation is working well.

As to the transparency pilot, Baker J stated that the pilot has been extended to autumn 2017 but it is likely to remain. However, there appears to be very few if any journalists or general public attending Court of Protection cases in Bournemouth. There is greater attendance in cases heard in London. There is no central register of hearings informing non-parties what are the issues in listed cases, which may be a reason why journalists do not attend the Court of Protection hearings in Bournemouth. Baker J raised the question as to whether or not it is right for the public to have some knowledge of people’s private lives even if there is anonymisation.

As to case management, the Case Management Pilot for health and welfare cases and property and affair cases came into effect on 1 September 2016 and will continue until August 2017. The aim of the Pilot is to reduce the number of hearings and the length of proceedings, which were continuing for far too long and sometimes to the detriment of the patient. Again, the soundings were that the Pilot is helpful to contain hearings in a more structured and focused way.

Baker J reminded us of the impact of the Supreme Court’s decision in P & Ors v Cheshire West and Chester Council [2014] UKSC 19 upon deprivation of liberty safeguards provided by Schedule A1 of the Mental Capacity Act 2005. As Baker J stated, it resulted in a panic with professionals considering that there were far more people who were being deprived of their liberty without authorisation than previously thought. The Law Commission is in the process of looking at the deprivation of liberty safeguards and the process under Schedule A1 and it is also looking at revising the provisions as to RPRs and IMCAs. However, any changes to the Mental Capacity Act 2005 is not likely to come about in the near future due to other pressing issues facing the Government!

Lastly, Baker J touched upon the issues around serious medical treatment cases and the recent case of Briggs v Briggs [2016] EWCOP 48 in which Charles J held that in an application under section 21A of the Mental Capacity Act 2005 dealing with a challenge in respect of standard authorisation of deprivation of liberty, the Court of Protection could consider the issues of serious medical treatment. This was a terribly tragic case where by Mr Briggs was a victim of a road traffic accident when he was travelling to work on his motorcycle. He suffered serious brain and other multiple injuries resulting in him being in a minimally conscious state. His survival depended on care and treatment that he was receiving in hospital including clinically assisted nutrition and hydration (“CANH”). If that treatment were not given, Mr Briggs he would die. His wife brought a claim at the Court of Protection under section 21A challenging the deprivation of liberty standard authorisation granted to the hospital where he, but in reality she was seeking a determination of the Court as to whether it was in Mr Brigg’s best interests to continue to be given CANH or to be moved to a hospice where he would receive palliative care only as result of which he would die. Charles J granted the wife’s application and said this: “I have concluded that as I am sure that if Mr Briggs had been sitting in my chair and heard all the evidence and argument he would, in exercise of his right of self-determination, not have consented to further CANH treatment that his best interests are best promoted by the court not giving that consent on his behalf”. Mr Briggs died in January 2017 aged 43 years.

Carol Davies

Barrister & Mediator

College Chambers welcomes new Tenant - Roberta Holland

College Chambers is delighted to announce that Roberta Holland (formerly of 12 College Place) has accepted an invitation to join Chambers . Roberta is a family specialist and will be joining our Family Children team.

Douglas Taylor appointed District Judge

College Chambers would like to congratulate Douglas Taylor on his appointment as a District Judge. Douglas will be sitting on the Midland Circuit. The College Chambers team wishes Douglas all the best in his new role. 


Past Events & Seminars

College Chambers Breakfast Club

Event Date: Thursday 6th April 2017- from 7am

College Chambers are launching a Breakfast Networking Club on Thursday 6th April at 7am - 9am. This event is open to all businesses and solicitors. We will be offering a continental style breakfast in a relaxed environment. This is a FREE event and spaces are  running out. If you would like to attend please email bmclachlan@college-chambers.co.uk to reserve your place.

Charity Fun Day - Saturday 22nd July at YMCA Fairthorne Manor

Event Date: Saturday 22nd July 2017- from 10am

College Chambers Charity Fun Day looks set to be a brillaint day out for all the family. There will be various activities throughout the day starting at 10am and will conclude at 5.30pm. We will be providing a hearty lunch and will also be conducting a raffle/auction with lots of amazing prizes. This day is suitable for children of all ages. We will be raising money for the YMCA.

For more information and to book tickets contact Ben McLachlan on 02380 230338 or email bmclachlan@college-chambers.co.uk

College Chambers Seminar Series

Seminar Date: Monday 24th July 2017

 

College Chambers are hosting a Series of Seminars in May through to July. These are hour long seminars with refreshments. These are free to attend. Please see below the Seminars that are on offer.

 

Wednesday 24th May 5.30pm arrival for 6pm start.

Carol Davies

“Ilott v The Charities - The Supreme Court chews the 1975 Act inheritance bone. But does its judgment help?”.

Carol will consider the Supreme Court’s decision and discuss the key points and whether or not they assist in the ever increasing number of claims against parents’ estates by adult children.

 

 

Wednesday 7th June 5.30pm arrival for 6pm start

Tahina Akther

"Spousal Maintenance where are we now?

Is it still fair to share income?”

This talk will look at the way in which the Courts now assess spousal maintenance, whether the sharing principle still applies to income, to what is matrimonial property and the terms of orders, such as when is it appropriate to have joint lives orders and nominal periodical maintenance. Has recent High Court cases made this area clearer or created more battleground on this thorny topic?

 

 

Wednesday 21st June 5.30pm arrival for 6pm start

Daniel Piddington

TUPE 2006 - A refresher

This session will provide a digestible overview of the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006, having regard to recent tribunal decisions such as Tees Esk & Wear Valleys NHS Foundation Trust v Harland & Others. A perfect introduction to the area for new practitioners and a helpful refresher for more experienced solicitors.

 

 

Tuesday 4th July 5.30pm arrival for 6pm start

Anthony Hand

"Does Shaken Baby Syndrome Exist? - An Examination Of The Courts Changing Attitude To Non-Accidental Head Injury Cases In Care Proceedings."

In this one hour seminar, Anthony Hand will attempt to explain the mystifying world of non-accidental head injury (NAHI) cases in care proceedings. In particular has the attitude of the courts changed? Has what was once a sure fire case of NAHI, now become a more questionable outcome? And even if this was NAHI, is that game over?"

 

 

Wednesday 19th July 5.30pm arrival for 6pm start

Derek Marshall

Statutory and non-statutory duties of company directors.

“Do company directors have to maximise profits regardless of the cost to the workforce and the community?”

This and other important questions about the duties and responsibilities of company directors will be considered in my talk.

 

 

Please contact Ben McLachlan (bmclachlan@college-chambers.co.uk) to reserve your place. Spaces are limited so we suggest you book promptly to avoid disappointment.