Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

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4 New Square, 22nd July 2019

Source: www.4newsquare.com

When is a plant not a power plant? – Practical Law: Construction Blog

Posted August 1st, 2019 in construction industry, energy, news, statutory interpretation, waste by tracey

‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’

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Practical Law: Construction Blog, 30th July 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted August 1st, 2019 in law reports by tracey

Court of Appeal (Criminal Division)

Le Brocq v The Liverpool Crown Court [2019] EWCA 1398 Crim (01 August 2019)

O v R. [2019] EWCA Crim 1389 (31 July 2019)

High Court (Administrative Court)

Rees & Ors v Commissioner of Police of the Metropolis [2019] EWHC 2120 (Admin) (31 July 2019)

Lasham Gliding Society Ltd, R (On the Application Of) v Civil Aviation Authority [2019] EWHC 2118 (Admin) (31 July 2019)

Gregory v Thames Magistrates Court [2019] EWHC 2125 (Admin) (31 July 2019)

Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin) (31 July 2019)

High Court (Commercial Court)

Coward v Ambrosiadou [2019] EWHC 2105 (Comm) (31 July 2019)

High Court (Family Division)

Power v Vidal [2019] EWHC 2101 (Fam) (31 July 2019)

High Court (Patents Court)

Coloplast A/S v Salts Healthcare Ltd [2019] EWHC 1979 (Pat) (31 July 2019)

High Court (Queen’s Bench Division)

Fentiman v Marsh [2019] EWHC 2099 (QB) (31 July 2019)

Source: www.bailii.org

Court finds for landlord over possession of under-occupied property – Local Government Lawyer

‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Junior doctors win “significant victory” in rest breaks appeal – Local Government Lawyer

Posted August 1st, 2019 in appeals, doctors, health & safety, news, precedent, standards, trade unions by tracey

‘Junior doctors in Derby have won a ‘precedent setting’ Court of Appeal case over the monitoring of rest breaks.’

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Local Government Lawyer, 31st July 2019

Source: www.localgovernmentlawyer.co.uk

Court condemns “dialogue of the deaf” between opposing solicitors – Litigation Futures

Posted August 1st, 2019 in Commercial Court, disclosure, news, solicitors by tracey

‘The Commercial Court has criticised the lack of co-operation between the solicitors on either side of a dispute, describing their correspondence as “a dialogue of the deaf”.’

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Litigation Futures, 31st July 2019

Source: www.litigationfutures.com

Court strikes out “incomprehensible” claim against law firm – Legal Futures

‘The High Court has struck out a claim for professional negligence, breach of contract and fiduciary duty made against a central London law firm which was based on “incomprehensible pleadings”.’

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Legal Futures, 1st August 2019

Source: www.legalfutures.co.uk

New Act comes into force to help manage affairs of missing people – Family Law

Posted August 1st, 2019 in guardianship, legislation, missing persons, news by tracey

‘The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019. The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.’

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Family Law, 1st August 2019

Source: www.familylaw.co.uk

CPS successfully prosecutes second major modern slavery case this month – Crown Prosecution Service

‘A father and son have today (29 July) been convicted for their roles in long-running conspiracy to exploit Eastern European workers they trafficked into the UK.’

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Crown Prosecution Service, 29th July 2019

Source: www.cps.gov.uk

Catholic priest jailed for sexual abuse at Lancashire seminary – Crown Prosecution Service

‘A Catholic priest has been sentenced to 18 years’ imprisonment for sexually abusing two teenage boys at St Joseph’s College in Upholland in the 70s and 80s.’

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Crown Prosecution Service, 30th July 2019

Source: www.cps.gov.uk

Appeal allows stand-still agreement on claim 17 months out of time – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’

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Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

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Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Shareholder Disputes in Sport – 4 New Square

‘As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.’

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4 New Square, 24th July 2019

Source: www.4newsquare.com

Children: Public Law Update (Summer 2019) – Family Law Week

Posted August 1st, 2019 in appeals, case management, child abuse, children, costs, families, health, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.’

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Family Law Week, 31st July 2019

Source: www.familylawweek.co.uk

Man jailed after his own dashcam filmed him dealing drugs – The Guardian

Posted August 1st, 2019 in drug offences, drug trafficking, news, sentencing, video recordings by tracey

‘A drug dealer has been jailed after he was caught in the act by his own car’s dashboard camera.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

Women face discrimination over their periods at work: ‘It’s just an excuse to act like a b****’ – The Independent

Posted August 1st, 2019 in employment, equality, health, news, sex discrimination, statistics, women by tracey

‘Women are facing discrimination over their periods in the workplace and colleagues are not taking their pain seriously and subjecting them to scathing comments, according to a new poll.’

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The Independent, 31st July 2019

Source: www.independent.co.uk

Caster Semenya: Biology trumps gender identity, says IAAF – BBC News

Posted August 1st, 2019 in appeals, equality, gender, news, sex discrimination, sport, women by tracey

‘Athletics’ governing body, the IAAF, has said “biology has to trump gender identity” after welcoming the decision to permit restrictions in testosterone levels of female runners.’

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BBC News, 31st July 2019

Source: www.bbc.co.uk

Motorists could challenge convictions for driving while using their phones after man has case overturned – Daily Telegraph

‘Motorists could challenge their convictions for driving while using their phone after a man has had his case overturned after he filmed a road collision.’

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Daily Telegraph, 31st July 2019

Source: www.telegraph.co.uk

Three men awarded £414,000 for malicious prosecution by police – The Guardian

‘Three men who were charged with the murder of a private investigator have been awarded a total of £414,000 damages after winning a malicious prosecution action against the Metropolitan police.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

Metropolitan Police ‘making excuses’ over report into Carl Beech investigation – Daily Telegraph

‘Scotland yard has claimed it cannot publish the unredacted report into its handling of Operation Midland because to do so could reveal covert policing methods and help criminals.’

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Daily Telegraph, 31st July 2019

Source: www.telegraph.co.uk