Insolvency Update – Using winding up procedure to collect a debt: Sell Your Car With Us Ltd v Anil Sareen [2019] EWHC 2332 – Hardwicke Chambers

Posted October 31st, 2019 in debts, insolvency, news, winding up by sally

‘The recent case of Sell Your Car With Us Ltd v Anil Sareen will be of interest to practitioners in Corporate Insolvency as it provides a useful reminder that there is no strict rule that the winding up procedure is inapt for mere debt collection.’

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Hardwicke Chambers, 7th October 2019

Source: hardwicke.co.uk

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

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Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

A Change of Culture: the CJC Working Group report on Low Value Clinical Negligence Claims – No. 5 Chambers

Posted October 31st, 2019 in costs, negligence, news, reports by sally

‘The CJC working group brought together a range of stakeholders with the aim of producing recommendations for the Department for Health and Social Care in relation to fixed recoverable costs (FRC) in low value clinical negligence claims. Broad, but not universal, consensus was reached on most issues. Further consultation by the DHSC is envisaged before a final framework is put in place.’

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No. 5 Chambers, 21st October 2019

Source: www.no5.com

Sammy-Lee Lodwig death: Boyfriend guilty of murder – BBC News

Posted October 31st, 2019 in grievous bodily harm, murder, news by sally

‘A man whose girlfriend was found stabbed to death at his home has been found guilty of her murder.’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Appellant loses High Court challenge over ruling that she was out of time to bring homelessness appeal – Local Government Lawyer

Posted October 31st, 2019 in appeals, homelessness, housing, news, time limits by sally

‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’

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Local Government Lawyer, 30th Octobe 2019

Source: www.localgovernmentlawyer.co.uk

Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in insolvency, leases, news, rent by sally

‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’

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Hardwicke Chambers, 14th October 2019

Source: hardwicke.co.uk

Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers

Posted October 31st, 2019 in employment, equality, news by sally

‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’

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Littleton Chambers, 8th October 2019

Source: www.littletonchambers.com

Diplomatic immunity and the Dunn case – Law Society’s Gazette

Posted October 31st, 2019 in diplomats, immunity, news, road traffic by sally

‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Law banning assisted dying must be reviewed, say MPs – The Guardian

Posted October 31st, 2019 in assisted suicide, news, parliament by sally

‘Cross-party group responds to calls by police chief Ron Hogg, who has motor neurone disease.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers

Posted October 31st, 2019 in energy, injunctions, news, warrants by sally

‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’

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No. 5 Chambers, 23rd October 2019

Source: www.no5.com

Katrice Lee: Woman sentenced for impersonating missing toddler – BBC News

‘A woman who used social media to impersonate a toddler missing for almost 40 years has been handed a suspended jail term.’

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BBC News, 30th October 2019

Source: www.bbc.co.uk

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower inquiry: the chair’s findings so far – The Guardian

‘Firefighters’ ‘stay put’ tactics and apparent lack of preparation and construction materials criticised.’

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The Guardian, 30th October 2019

Source: www.theguardian.com

Shannon Woodley discusses Raqeeb V Barts NHS Foundation Trust – Park Square Barristers

Posted October 31st, 2019 in children, consent, EC law, hospitals, human rights, judicial review, medical treatment, news by sally

‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’

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Park Square Barristers, 8th October 2019

Source: www.parksquarebarristers.co.uk

Leeds ‘paedophile hunters’ cleared of assault charges – The Guardian

Posted October 31st, 2019 in assault, child abuse, false imprisonment, internet, news, sexual grooming by sally

‘A group of self-styled paedophile hunters have vowed to carry on seeking out child abusers after a jury cleared them of all charges following stings on two men.’

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The Guardian, 30th October 2019

Source: www.theguardian.com