20/11/2019 – Page 2 – Current Awareness

Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers

Posted November 20th, 2019 in financial regulation, jurisdiction, news, ombudsmen by sally

‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’

Hardwicke Chambers, 13th November 2019

Source: hardwicke.co.uk

Whose knowledge counts? Singularis v. Daiwa and Attribution – 4 New Square

Posted November 20th, 2019 in agency, company directors, company law, duty of care, fraud, news, Supreme Court by sally

‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’

4 New Square, 6th November 2019

Source: www.4newsquare.com

Service of a Claim Form – What Mediums Can I Use? – Becket Chambers

Posted November 20th, 2019 in electronic filing, electronic mail, news, service, telecommunications by sally

‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’

Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

Pizza prank Sussex Police sergeant guilty of gross misconduct – BBC News

Posted November 20th, 2019 in Judaism, misfeasance in public office, news, police by sally

‘A sergeant who dangled a slice of pepperoni pizza over a Jewish officer’s kosher pizza, causing a piece of pork to fall off and land on hers has been found guilty of gross misconduct.’

BBC News, 19th November 2019

Source: www.bbc.co.uk

City firms’ presenteeism culture in the dock – Legal Futures

Posted November 20th, 2019 in families, flexible working, law firms, news by sally

‘The case of a City lawyer told that leaving work slightly early to pick up her children was setting a bad example, shows how the profession needs to work on changing the culture of presenteeism, a flexible working specialist has argued.’

Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers

Posted November 20th, 2019 in judicial review, news, trafficking in human beings by sally

‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’

Garden Court Chambers, 15th November 2019

Source: www.gardencourtchambers.co.uk

Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers

Posted November 20th, 2019 in competition, covenants, injunctions, news, restrictive covenants, undertakings by sally

‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’

Blackstone Chambers, 18th November 2019

Source: www.employeecompetition.com

The Art of Mediation – The 36 Group

Posted November 20th, 2019 in artistic works, dispute resolution, news by sally

‘Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.’

The 36 Group, 12th November 2019

Source: 36group.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

Posted November 20th, 2019 in adoption, appeals, care orders, local government, news, placement orders, proportionality, reasons by sally

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Police chief convicted for having child sexual abuse image on phone – The Guardian

Posted November 20th, 2019 in indecent photographs of children, news, police, telecommunications, video recordings by sally

‘A Metropolitan police chief who was sent an unsolicited video of child sexual abuse via WhatsApp has been convicted of possessing indecent images on her phone.’

The Guardian, 19th November 2019

Source: www.theguardian.com

Partners made “secret profit” from flight delay ATE insurance – Litigation Futures

Posted November 20th, 2019 in airlines, delay, disciplinary procedures, insurance, news, secret profits, solicitors by sally

‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’

Litigation Futures, 20th November 2019

Source: www.litigationfutures.com

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Judge slams police treatment of Manchester rape victim – BBC News

Posted November 20th, 2019 in Crown Prosecution Service, news, prosecutions, rape, victims by sally

‘A judge has criticised the way a male police officer interviewed a teenage rape victim, saying it caused “further abuse” for the girl.’

BBC News, 19th November 2019

Source: www.bbc.co.uk

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Social media posts referred to police could show up on DBS background checks despite not being a crime – Daily Telegraph

Posted November 20th, 2019 in criminal records, freedom of expression, human rights, internet, judicial review, news, police, vetting by sally

‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’

Daily Telegraph, 19th November2019

Source: www.telegraph.co.uk

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

UK charities call for end to ‘gagging law’ in run-up to elections – The Guardian

Posted November 20th, 2019 in charities, elections, lobbying, news by sally

‘Leading charities are calling on the next government to lift the legal gag that prevents them from campaigning for the poor and marginalised in society.’

The Guardian, 20th November 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 20th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

London Borough of Waltham Forest v Saleh [2019] EWCA Civ 1944 (19 November 2019)

Vneshprombank LLC v Bedzhamov & Ors [2019] EWCA Civ 1992 (19 November 2019)

Ibrahim v HCA International Ltd [2019] EWCA Civ 2007 (19 November 2019)

Ho v Adelekun [2019] EWCA Civ 1988 (19 November 2019)

Court of Appeal (Criminal Division)

Harris v R. [2019] EWCA Crim 2008 (19 November 2019)

High Court (Administrative Court)

Good Law Project Ltd v HM Revenue and Customs & Anor [2019] EWHC 3125 (Admin) (19 November 2019)

Bond, R (on the application of) v Vale of White Horse District Council [2019] EWHC 3080 (Admin) (19 November 2019)

Director of Public Prosecutions v Goldsmith [2019] EWHC 3051 (Admin) (19 November 2019)

Newby, R (on the application of) v The Secretary of State for Justice [2019] EWHC 3118 (Admin) (19 November 2019)

High Court (Chancery Division)

Standish & Ors v The Royal Bank of Scotland Plc & Anor [2019] EWHC 3116 (Ch) (19 November 2019)

High Court (Technology and Construction Court)

Everwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC) (18 November 2019)

Source: www.bailii.org

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