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Manchester Ship Canal Co. v United Utilities Water in the Supreme Court | Webinar
39 Essex Chambers Webinar | Manchester Ship Canal Co. v United Utilities Water in the Supreme Court - the outfall for tort claims involving sewage, a practical appraisal
This webinar will give a neutral viewpoint of the landmark judgment and should be of interest to sewerage undertakers as well as those affected or with land affected by sewage.
The unanimous judgment of the Supreme Court in Manchester Ship Canal Company Ltd v United Utilities Water plc [2024] UKSC 22 earlier this month has generated nationwide interest but to date there has been limited exploration of what the Supreme Court’s explanation of Marcic v Thames Water Utilities Ltd [2002] 2 AC 42 and disapproval of the subsequent High Court judgments from Dobson v Thames Water Utilities Ltd [2007] EWHC 2021 TCC onwards, means in practice for the range of possible common law tortious claims against sewerage undertakers.
Landowner and undertaker negotiations over the price to be paid for deliberate sewerage outfall into private watercourses, or affecting riparian rights, is one thing, but the factual scenarios involving sewage escape are many and varied.
In this webinar, 39 Essex Chambers member James Burton will survey the newly-explained landscape through a practical lens, discussing the position not just for water and riparian owners subject to deliberate discharge, but also the ramifications for theoretical factual scenarios including:
1. Sewage spills to land due to burst sewer pipes;
2. Sewage affecting swimmers, within and without designated bathing areas, whether from deliberate outfall or non-deliberate burst; and
3. Sewage affecting other water users, again whether from deliberate outfall or non-deliberate burst.
James will draw on his experience across the spread of tort law and environmental law, using examples to illustrate the points.
For more future events, visit www.39essex.com/events
มุมมอง: 87

วีดีโอ

FLASH UPDATE: Abbey Healthcare (Mill Hill) Ltd [2024] UKSC 23 | Webinar
มุมมอง 1052 หลายเดือนก่อน
Join 39 Essex Chambers for a discussion on the recent judgment handed down for Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23. The Supreme Court handed down judgment last week in Abbey v Simply [2024] UKSC 23, allowing Abbey’s appeal and holding that the collateral warranty in that case was not a construction contract, contrary to the jud...
All Change in Government, All Change in Planning? | Webinar
มุมมอง 1462 หลายเดือนก่อน
Join 39 Essex Chambers for a wide ranging discussion to consider the implications of the new Labour government for the planning system. The Labour Party’s manifesto ‘Change’ included many promises of substantive change to the planning and infrastructure regime, including: 1. To ‘forge ahead with new road, railways, reservoirs and other nationally significant infrastructure’, the manifesto promi...
JCT 2024 - All You Need to Know but Have Not Dared to Ask | Webinar
มุมมอง 1663 หลายเดือนก่อน
Following on from the JCT launching its 2024 edition, our panel consider 10 topics and one bonus topic - JCT 2024, all you need to know but may not have dared to ask. What’s been released what’s to come? 1. Good faith; 2. The Building Safety Act; 3. Contractor’s design liability; 4. Relevant events and relevant matters; 5. Sustainability and climate change; 6. Professional indemnity insurance; ...
Episode 17: Interview with Catherine Dobson - The UK’s Net Zero plans are declared unlawful, again
มุมมอง 414 หลายเดือนก่อน
On 3 May 2024, the UK’s plan to meet the Sixth Carbon Budget set under the Climate Change Act 2008 (‘CCA 2008’) was declared unlawful for the second time by the High Court J in R (Friends of the Earth & Oths) v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 (Admin). In this episode, junior counsel for Friends of the Earth, Catherine Dobson (www.39essex.com/profile/catherine...
Everything you need to know about the Michaela Community School prayer ban judgment | Webinar
มุมมอง 5285 หลายเดือนก่อน
On 16 April 2024, Mr Justice Linden dismissed the legal challenge to the controversial prohibition on prayer rituals by Michaela Community School. Two of our education and public law specialists, Anna Bicarregui and Katherine Barnes, talk through the judgment and its implications for educational institutions, students and beyond. The session will be of interest to education law practitioners as...
HOT OFF THE PRESS Hassam v Rabot The Supreme Court Decision | Webinar
มุมมอง 1405 หลายเดือนก่อน
Handed down on 26 March 2024, the Supreme Court considers how the court should assess damages for pain, suffering, and loss of amenity ("PSLA") in the tort of negligence, where PSLA is caused by both a whiplash injury (attracting a tariff award within the scope of the Civil Liability Act 2018), and a non-whiplash injury (which attracts no such tariff). Dan Laking and Celia Reynolds provided an ...
Student Mental Health: What is a University’s Duty? | Webinar
มุมมอง 3277 หลายเดือนก่อน
-Our team reflected on the decision of the High Court in Abrahart v University of Bristol [2024] EWHC 299 on appeal from Bristol County Court. Handed down on 14 February 2024, the High Court considers the overarching question of a University’s duty of care towards its students. Emily Formby KC, Steve Broach and Ian Brownhill provided an early exploration of the decision and its implications. Th...
When is a court application required to withdraw medical treatment? Implications of Re GUP | Webinar
มุมมอง 5167 หลายเดือนก่อน
The webinar was chaired by Vikram Sachdeva KC, with presentations from members Arianna Kelly, Katie Scott and Professor Stephen Playfor, NHS. ​This webinar considered the often difficult issue of when an application to the Court of Protection or High Court is required when clinicians are considering withdrawing life-sustaining treatment. Following on the recent decision of Mr Justice Hayden in ...
Episode 15: Interview with Alex Lee - The precautionary principle from the perspective of a scien...
มุมมอง 647 หลายเดือนก่อน
Dr Alex Lee (www.hka.com/expert-post/alexander-lee/) delves further into the role of the precautionary principle in the context of climate modelling to assess resilience - essential in adapting to climate change. He considers the case study of landfill sites and caps; and how their vulnerability to climate change should be analysed. Alex then explains how the precautionary principle can be an e...
Anorexia and the Court of Protection | Hybrid Event
มุมมอง 6188 หลายเดือนก่อน
This seminar was chaired by Ms Justice Henke, and looked at approaches to the treatment of anorexia, the controversial concept of ‘terminal anorexia’, and how the Court of Protection makes decisions authorising a palliative approach to care for patients. The seminar was joined by Victoria Butler-Cole KC, Nicola Kohn, Mungo Wenban-Smith (39 Essex Chambers), Hope Virgo (Author), Nicky Smith (Manc...
Episode 14: Interview with Alex Lee - The precautionary principle from the perspective of a scien...
มุมมอง 228 หลายเดือนก่อน
Climate modelling is growing in importance in disputes, such as investor state disputes concerned with climate attribution. Dr Alex Lee (www.hka.com/expert-post/alexander-lee/) , Chartered Geologist and Scientist, head of the environmental and climate change team at HKA (www.hka.com/) , explains how climate modelling works and sets out his experience involving, for example, nuclear waste, power...
HOT OFF THE PRESS: Paul v Wolverhampton - Secondary Victims reach the Supreme Court | Webinar
มุมมอง 7778 หลายเดือนก่อน
39 Essex Chambers thank you for joining our webinar, with presentations from the team as they discussed and reflected on the long-awaited Supreme Court decision on secondary victims, which was handed down on 11 January 2024. Paul v Wolverhampton and conjoined appeals raise wide questions about secondary victims, remoteness and duty of care. Following our webinar in 2020 after the first instance...
Pupillage Application Webinar 2024 Recording
มุมมอง 6748 หลายเดือนก่อน
This webinar was chaired by Emily Formby KC and presented by both members of Chambers and the staff team. This webinar aim to provide help and guidance to those interested in applying for pupillage at 39 Essex Chambers. Pupillage Application Link: www.39essex.com/careers/pupillage For more future events, visit: www.39essex.com/events PLEASE NOTE: These webinars are hosted by Zoom. Please visit ...
Episode 13: Interview with Elsie Blackshaw-Crosby - Lifescape Project and the Biomass Strategy
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The Lifescape Project is concerned with creating a world rich in wild landscapes through a multi-disciplinary approach. Elsie Blackshaw-Crosby (www.linkedin.com/in/elsie-blackshaw-crosby-8a51951a/?originalSubdomain=uk) , Managing Lawyer at the charity, discusses her journey and how she ended up working with the project before setting out, in more detail, how the charity uses the law to achieve ...
Environmental Governance: Overarching Statutory Duties | Webinar
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Financial Services Autumn Outlook | Webinar
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Everything you wanted to know about s.117 Mental Health Act 1983 but were afraid to ask | Webinar
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A quick tour of the history of London Technology and Construction Court - by David Sawtell
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Recollections May Vary The Latest Guidance on PD57AC Witness Statements | Webinar
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The Practical Implications of Capacity in Personal Injury Claims | Webinar
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Deprivations of Liberty of Children and Young People in the COP and Family Courts
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ความคิดเห็น

  • @PaulCummo
    @PaulCummo หลายเดือนก่อน

    A load a fancy talk about something that sounds good to regulatory bodies and websites but in practice is pointless. I was on a section 3 and the only thing I qualified for was a small non-means tested benefit to pay for the medications that should have been paid for by my local authority, received no direct payments to cover travel costs to go to appointments, no social housing, no council tax reductions or exemptions. I kept asking about monies still owed to me with the council tax I paid for in hospital but always got the subject changed. Even to the point were I mentioned it so the local mental health team turned up at my house to threaten to section me again but decided everything okay but wanted to see me the following week, I turned up and was told they were on holiday. So paid for my own expenses and lost a days pay at work, complained through an advocate which took 6 months and got an insulting reply. I got discharged from there services but at a GP annual health check put me on more non related medications which put me into negative gain and was paying for things on my credit card. A couple of years later when I failed in my re-application for the non-means benefit, I contacted services but they weren't interested in helping, so I told my GP i'm better off without medication then, but it turns out s117 is really only used to gain access to ones medical records through the Summary Care Record. I recently worked out over the years on a calculation with everything totalled up I should have been £70,000 of benefits or allowances better off. Nothing will change whilst fancy talk is used to justify peoples high value jobs as their own priority.

  • @PhilipMikhailidis
    @PhilipMikhailidis 4 หลายเดือนก่อน

    Please discharge me tommorw to my old bungalowe where used to live before

  • @kaymurphy4636
    @kaymurphy4636 4 หลายเดือนก่อน

    Can you please answer this question ... if someone is already living in the community in enhanced supported living and on s.117 aftercare and the ICB are wanting to create a "step down one month trial for the person in their own home" and the person has to continue to pay their utility bills at the enhanced supported living placement whilst doing the "step down trial" should the ICB be responsible for paying for the utilities at the "step down home" during the one month trial period?

    • @PhilipMikhailidis
      @PhilipMikhailidis 4 หลายเดือนก่อน

      Philip george mikhailidis wants to be on section 117 aftercare when discharged off section three

    • @PhilipMikhailidis
      @PhilipMikhailidis 4 หลายเดือนก่อน

      Want to be discharged back to barnet 8 hereford avenue en4 8ex bungalowe in barnet area

  • @mary.e645
    @mary.e645 6 หลายเดือนก่อน

    Bristol city fell into the hands of talentless architect's and corrupt planners since the war. Big contractor's fill their pockets parasiting Bristol and I'm sure those in planning benefit from it financially, otherwise we might have had a truly loved and beautiful city, and that could only have happened if we had been determined to employ respectful architect's with talent. There are small pocket's of Bristol with a hint of it's ancient Soul we can still proudly point tourist's to, aplogising when overshadowed by tower's of a growing concete jungle and swathes of tarmac, potholes, and badly laid pavement's. George Ferguson you were at least that much better than the present day Mayor. Sadly the city has been taken by woke ideologies and this mental illness may never be cured.

  • @anitadoidge1451
    @anitadoidge1451 7 หลายเดือนก่อน

    It was absolutely rubbish thstvi was discharged from the mental health team in an fircified discharge when wasn't ready for an discharge

  • @anitadoidge1451
    @anitadoidge1451 7 หลายเดือนก่อน

    Can they lawfully discharge me on a 117 act since discharge have gone down hill and mental health deteriated to an severe mental health crises

  • @anitadoidge1451
    @anitadoidge1451 7 หลายเดือนก่อน

    I was discharged from the mental health team in a 117. Why's that

  • @billryan7761
    @billryan7761 8 หลายเดือนก่อน

    Thanks

  • @mr_sher1749
    @mr_sher1749 9 หลายเดือนก่อน

    all white people eh

  • @jabariberryman1588
    @jabariberryman1588 10 หลายเดือนก่อน

    If you'd like research of my case of seriousness of in these matters of overwhelming complicaties and fiendishly, of great importance and interest, where by I am the crux and carrier the burden to this subject. Please help me for which you are much more well placed to argue such issues. I'm totally happy to help. Thanks.

    • @jabariberryman1588
      @jabariberryman1588 10 หลายเดือนก่อน

      Alex and whom is below Alex to whom I tend to appoint.

  • @irenedavo3768
    @irenedavo3768 10 หลายเดือนก่อน

    What do you think of Nicola Bulley?

  • @alexscarbro796
    @alexscarbro796 11 หลายเดือนก่อน

    An excellent webinar. Thank you for preparing and presenting this information. It astounds me that more leaseholders do not watch and comment on these presentations - they are invaluable to those going through the FTT process with the latest aspects of the BSA being part of the claims being determined.

  • @xdc1776
    @xdc1776 11 หลายเดือนก่อน

    The Bill of rights is primary legislation

  • @jameshodgson327
    @jameshodgson327 ปีที่แล้ว

    Very informative as always, greatly appreciated.

  • @ericphillips3469
    @ericphillips3469 ปีที่แล้ว

    Promo SM

  • @RCW8794
    @RCW8794 ปีที่แล้ว

    I’m Charlie Cory wrights son

  • @padofo
    @padofo ปีที่แล้ว

    So what about hotels? Are hotels subject to this Act?

  • @myrablundell3042
    @myrablundell3042 ปีที่แล้ว

    All acts and statutes created since ist January 1973 when Queen was deposed are void and Tony Blaire,the very man liable to be hung for treason could not ,as he purports do away with Treason Act .both mental health acts and capacity acts are void,the sections within will not protect wrongdoers.

  • @myrablundell3042
    @myrablundell3042 ปีที่แล้ว

    criminals,what they are doing is assault. and acting in treason.All courts were dissolved in 2008 under the clearfield Doctrine,also in 2008 The highest judge in Uk gave speech to legal professionals that all courts are administration courts with no legitimacy and no act can be passed to legitimize them. there you have it Court Of Protection is a fraud on peoples rights

  • @dbaytug
    @dbaytug ปีที่แล้ว

    Aside from statutory litigation (i.e. for example, patent validity and Companies Act 2006 actions), post Brexit I see no advantage in litigating commercial matters in the English courts for the vast majority of cases when arbitration is an alternative route and for example in Amsterdam, English is allowed as the language in any subsequent appeal from arbitrations there. Further to the point, Part 8 actions rely on Witness statements only. Just talking about money-no-object Part 7 actions is fine, but you've made no observations regarding Part 8, where I believe §8.4 of the Chancery guide is clear but often ignored. In Part 8 not only is there often narrative but also argument. The Part 8 witness statement can become an unmitigated dumping ground. And Part 8 trials often don't disclose arguments until the day before the trial itself when skeleton arguments are disclosed often for the first time. It's outrageous. This is a vast abuse of due process because it should be sequential, just as it is in the US, whereby the plaintiff prepares his brief first and then the defendant 30 days later. It is not for the defendant to have to second guess the legal basis of the arguments being advanced by a plaintiff. This is why English courts are, for commercial work, not only *not* fit for purpose, but incapable of dispensing what due process really means. In arbitration, Parties can agree procedure and not get barracked by a judge worried about court time!

  • @valvlog4665
    @valvlog4665 2 ปีที่แล้ว

    Dear Mr. Broach, Thank you for making this discussion available on TH-cam. I had my printed copy of the Bill of Rights at hand as I watched and have a couple of pages of notes. My particular interest in the bill is Clause 4, Freedom of Speech. I am native British citizen, born/grew up in London. I also lived in the US for over 30 years. Over the duration I came to take for granted the rights afforded citizens through the country's legal and constitutional environment. Upon returning to the UK in 2017, I suffered culture shock as to what passes as free speech. The vaunted 1st Amendment in the US Bill of Rights was ratified in 1791. Over the intervening 230 years, successive generations of Americans naturally accept through their "cultural DNA" and jurisprudence a very extensive right of expression. Section 4 of this bill seems to me that the UK is catching up with history. I hope it will be enacted and the section interpreted in favor of greater freedom of expression. Thanks to all your contributors. 4 (1) When determining a question which has arisen in connection with the right to freedom of speech, a court *must give great weight to the importance of protecting the right.*

  • @SyaqilIberahim
    @SyaqilIberahim 2 ปีที่แล้ว

    53:16 great question about damage and tort law

  • @SyaqilIberahim
    @SyaqilIberahim 2 ปีที่แล้ว

    23:16 damages

  • @royblackoncrack
    @royblackoncrack 2 ปีที่แล้ว

    Starts at 4:30

  • @nxgrs74
    @nxgrs74 2 ปีที่แล้ว

    The Earth is cooler with the atmos/GHGs/albedo not warmer. To perform as advertised the GHGs require “extra” energy upwelling from the surface radiating as a black body. The kinetic heat transfer processes of the contiguous atmos molecules render that scenario impossible. No greenhouse effect, no GHG warming, no man/CO2 driven climate change or Gorebal warming. Version 1.0 031722

  • @JGushi87
    @JGushi87 2 ปีที่แล้ว

    Where can I see the part 1 of this webinar? Thanks!

  • @39essexchambers.
    @39essexchambers. 2 ปีที่แล้ว

    Begins at 5:50

  • @clarapfef9578
    @clarapfef9578 3 ปีที่แล้ว

    Very interesting and clear, thanks for sharing.

  • @nxgrs74
    @nxgrs74 3 ปีที่แล้ว

    1) By reflecting away 30% of ISR the albedo, which would not exist w/o the atmosphere, makes the earth cooler than it would be without the atmosphere like that reflective panel set on the dash. Remove the atmosphere/GHGs and the earth becomes much like the moon, a barren rock with a 0.1 albedo, 20% more kJ/h, hot^3 on the lit side, cold^3 on the dark. Nikolov, Kramm (U of AK) and UCLA Diviner mission all tacitly agree. 2) the GHG up/down welling, “trapping”/”back” radiating/delaying/intercepting, 100 % efficient, perpetual warming loop requires "extra" energy which according to RGHE theory it gets from 3) the terrestrial surface radiating that "extra" energy as a near ideal .95 emissivity black body which 4) it cannot do because of the non-radiative heat transfer processes of the contiguous atmospheric molecules. 1+2+3+4 = 0 Greenhouse Effect + 0 Greenhouse gas warming + 0 man caused climate change. All science backed up by experiment, the gold standard of classical science. www.linkedin.com/posts/nicholas-schroeder-55934820_climatechange-greenhouse-co2-activity-6749812735246254080-bc6K