‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’
Gatehouse Chambers, 12th April 2024
Source: gatehouselaw.co.uk
‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’
Guildhall Chambers, 11th March 2024
Source: www.guildhallchambers.co.uk
‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’
The 36 Group, 12th April 2024
Source: 36group.co.uk
‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’
Devon Chambers, March 2024
Source: devonchambers.co.uk
‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’
11KBW, 2nd April 2024
Source: www.11kbw.com
‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’
The Guardian, 21st April 2024
Source: www.theguardian.com
‘A food company has won a sweet-tasting victory against the UK tax authorities after a court decided that it did not have to pay VAT on its marshmallows because they were not confectionery.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’
Nearly Legal, 23rd April 2024
Source: nearlylegal.co.uk
‘The decision late last year by Ritchie J in Aga v GDC caused uproar in the regulatory and professional discipline worlds.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’
12KBW Personal Injury Law Blog, 10th April 2024
Source: pilawblog.com
‘English insolvency law is “entirely capable of convenient and sensible application to disputes concerning digital assets”, an expert panel has declared.’
Legal Futures, 24th April 2024
Source: www.legalfutures.co.uk
‘The government has announced measures making it easier for police to apply for stalking protection orders, meaning more victims will be protected earlier.’
Home Office, 22nd April 2024
Source: www.gov.uk
‘The King’s Bench Guide 2024 has been published. It is been prepared to help everyone who practises or litigates in the King’s Bench Division.’
Courts and Tribunals Judiciary , 19th April 2024
Source: www.judiciary.uk
‘Barristers and chambers can actively manage practice and career development to mitigate the earnings gap between men and women at the self-employed Bar, according to new research from the Bar Council: New practitioner earnings differentials at the self-employed Bar.’
The Bar Council, 23rd April 2024
Source: www.barcouncil.org.uk
‘On 6 March 2024, the Supreme Court handed down two important decisions that related to issues under section 20 Extradition Act 2003:
– Bertino v Public Prosecutor’s Office Italy [2024] UKSC 9
– Merticariu v Judecatoria Arad, Romania [2024] UKSC 10
Notably, these two cases had the same constitution of the Court, with Stephens and Burnett LJJ giving a joint judgment in both cases, with which the rest of the Court agreed.’
5SAH, 22nd April 2024
Source: www.5sah.co.uk
‘Two cookery teachers have been permanently banned from the profession after altering pupils’ dishes in a bid to improve their grades.’
BBC News, 23rd April 2024
Source: www.bbc.co.uk
‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’
6KBW College Hill, 17th April 2024
Source: blog.6kbw.com
© Inner Temple Library 2024