Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH

‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’

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5SAH, 9th December 2019

Source: www.5sah.co.uk

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

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Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

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Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Account freezing orders: at what cost? – Doughty Street Chambers

Posted December 10th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’

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Doughty Street Chambers, 10th December 2019

Source: insights.doughtystreet.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

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5SAH, December 2019

Source: 5sah.cmail19.com

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

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Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

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Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

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Family Law, 10th December 2019

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 10th, 2019 in legislation by tracey

The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

The Public Interest Merger Reference (Gardner Aerospace Holdings Ltd. and Impcross Ltd.) (Pre-emptive Action) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 10th, 2019 in law reports by tracey

Supreme Court

MacDonald & Anor v Carnbroe Estates Ltd (Scotland) [2019] UKSC 57 (4 December 2019)

High Court (Chancery Division)

Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)

High Court (Commercial Court)

Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 (Comm) (06 December 2019)

High Court (Family Division)

Raqeeb v Barts Health NHS Trust (Costs) [2019] EWHC 3322 (Fam) (03 December 2019)

High Court (Queen’s Bench Division)

Feyziyev v Radu [2019] EWHC 3372 (QB) (06 December 2019)

Source: www.bailii.org

Taxation of personal service companies and the construction sector: what is changing and who will be affected? – Practical Law Construction Blog

Posted December 10th, 2019 in construction industry, contracting out, news, taxation by sally

‘2020 is looking to be a year in which the tax burden of companies operating in the UK construction sector is likely to increase. This is due, first, to the delayed implementation of the VAT reverse charge (now 1 October 2020) and secondly, to major changes in the UK tax treatment of off-payroll workers. In this blog we discuss the implications of the changes to the off-payroll working rules (commonly known as “IR35”) and the steps companies affected by these changes can take.’

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Practical Law Construction Blog, 10th December 2019

Source: constructionblog.practicallaw.com

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

In search of local justice – New Law Journal

Posted December 10th, 2019 in law centres, news by sally

‘Keith Wilding explains the difference Law Centres make to individual lives.’

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New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Legal sector to shed thousands of jobs in coming years – Legal Futures

Posted December 10th, 2019 in employment, law firms, legal services, news by sally

‘The legal services sector is to shed 13,000 jobs in the decade to 2027 – with a further 22,000 at risk if technology brings radical change to the workforce, research for the Law Society has predicted.’

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Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Welcome to the jungle – New Law Journal

Posted December 10th, 2019 in media, misuse of private information, news, privacy by sally

‘I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1).’

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New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Falklands war veteran wins apology over LGBT ban – The Guardian

Posted December 10th, 2019 in armed forces, homosexuality, news, sexual orientation discrimination by sally

‘A British Falklands war veteran has been given his medals back and received an apology from the Ministry of Defence after being forced out of the navy over his sexuality.’

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The Guardian, 10th December 2019

Source: www.theguardian.com