Month: November 2019

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

Posted November 7th, 2019 in accounts, forfeiture, investigatory powers, news, notification, police, proceeds of crime, time limits by sally

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

Full Story

Drystone Chambers, October 2019

Source: drystone.com

Environmental Law News Update – Six Pump Court

Posted November 7th, 2019 in bills, climate change, energy, environmental protection, fraud, news by sally

‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’

Full Story

Six Pump Court, 6th November 2019

Source: www.6pumpcourt.co.uk

Singularis Holdings in the Supreme Court: The Quincecare Duty of Care is Alive and Well, While the Case of Stone & Rolls Ltd is Finally Laid to Rest – 39 Essex Chambers

Posted November 7th, 2019 in appeals, banking, duty of care, fraud, news, Supreme Court by sally

‘There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets Europe Ltd [2019] UKSC 50, handed down on 30 October 2019, the Supreme Court has upheld the existence of a bank’s Quincecare duty of care, even where the instructions which resulted in a claimant company being defrauded was given by that company’s sole director and controlling mind, and have also finally laying to rest the much criticised case of Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39; [2009] 1 AC 1391 that had been used to attribute the fraud of a director of a one-man company to the company itself.’

Full Story

39 Essex Chambers, 31st October 2019

Source: www.39essex.com

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’

Full Story

Drystone Chambers, October 2019

Source: drystone.com

Bart Casella writes about Unexplained Wealth Orders and changes to applications for Account Freezing Orders – 23 Essex Street

Posted November 7th, 2019 in accounts, HM Revenue & Customs, London, money laundering, news, unexplained wealth orders by sally

‘Before UWOs came into force on 31 January 2018, I provided seminars to solicitors on the potentially far reaching effects that the orders could have, including on mortgagees and trustees of property held by individuals who qualified for an order or in relation to enforcement by HMRC in respect of inappropriate tax planning. The reality is that the investigating authorities in the UK have thus far concentrated on the ‘low hanging fruit’.’

Full Story

23 Essex Street, 4th November 2019

Source: www.23es.com

Ten years on: how has the Supreme Court fared? – Counsel

Posted November 7th, 2019 in appeals, brexit, constitutional law, judicial review, jurisdiction, news, parliament, prorogation, statutory interpretation, Supreme Court by sally

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

Full Story

Counsel, November 2019

Source: www.counselmagazine.co.uk

Joseph Hudson discusses Leeds United’s Kiko Casilla’s recent FA disciplinary charge – Park Square Barristers

Posted November 7th, 2019 in disciplinary procedures, news, professional conduct, racism, sport by sally

‘LUFC goalkeeper Kiko Casilla is alleged to have racially abused Charlton Athletic forward Jonathan Leko during the Championship match between Charlton and Leeds on 28 September 2019.’

Full Story

Park Square Barristers, 6th November 2019

Source: www.parksquarebarristers.co.uk

John Bowers QC’s Employment Law Blog: November – Littleton Chambers

Posted November 7th, 2019 in appeals, employment, employment tribunals, news, trade unions by sally

‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’

Full Story

Littleton Chambers, 4th November 2019

Source: www.littletonchambers.com

BAILII: Recent Decisions

Posted November 7th, 2019 in law reports by tracey

High Court (Administrative Court)

Patel, R (On the Application Of) v Dacorum Borough Council [2019] EWHC 2992 (Admin) (07 November 2019)

Source: www.bailii.org

CVAs after the Debenhams decision – Falcon Chambers

Posted November 7th, 2019 in company law, debts, insolvency, landlord & tenant, news by sally

‘In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.’

Full Story

Falcon Chambers, 31st October 2019

Source: www.falcon-chambers.com

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

Full Story

Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

Posted November 7th, 2019 in appeals, bereavement, children, divorce, equality, housing, landlord & tenant, local government, news, women by tracey

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

Full Story

Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Law on hyperlinking clarified by High Court – OUT-LAW.com

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by tracey

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

Full Story

OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Children Act 1989 and a child’s rights thirty years later – UK Human Rights Blog

Posted November 7th, 2019 in children, human rights, news by tracey

‘The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of “understanding”), judges, social workers, health professionals and lawyers – to learn a new set of legal concepts and attitudes. But what about children’s rights? And what has happened to the law’s regard for those rights since 1989?’

Full Story

UK Human Rights Blog, 6th November 2019

Source: ukhumanrightsblog.com

Purdah – 11 KBW

Posted November 7th, 2019 in codes of practice, elections, news, parliament by sally

‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’

Full Story

11 KBW, 7th November 2019

Source: www.11kbw.com

Government consults on new police powers to criminalise unauthorised encampments – Home Office

Posted November 7th, 2019 in consultations, government departments, investigatory powers, police, press releases, travellers, trespass by tracey

‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’

Full press release

Home Office, 3rd November 2019

Source: www.gov.uk/home-office

BBC Radio 4 – Law in Action: ‘Magistracy: a jewel in the crown of justice’ – Courts and Tribunals Judiciary

Posted November 7th, 2019 in cross-examination, Crown Court, magistrates, press releases, witnesses by tracey

‘Joshua Rozenberg from BBC Radio 4 spoke with Maidstone Bench Chair Gill Fryzer and John Bache from the Magistrates Association for his Law in Action programme.’

Full press release

Courts and Tribunals Judiciary, 7th November 2019

Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk

Speech by Mrs Justice Carr DBE: Women in Commercial Law – Courts and Tribunals Judiciary

Posted November 7th, 2019 in barristers, Commercial Court, diversity, equality, legal history, legal profession, solicitors, speeches, women by tracey

‘Speech by Mrs Justice Carr DBE: Women in Commercial Law.’

Full speechFull speechFull speech

Courts and Tribunals Judiciary, 6th November 2019

Source: www.judiciary.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by tracey

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

Full Story

Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Paedophile hunters responsible for more than half of grooming prosecutions – Daily Telegraph

Posted November 7th, 2019 in blackmail, child abuse, children, internet, news, police, sexual grooming, sexual offences, statistics, violence by tracey

‘Police chiefs have accused vigilante paedophile hunters of exceeding the law, despite using their evidence to prosecute suspects in more than half of all cases.’

Full Story

Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk