Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building

Posted February 6th, 2020 in compensation, compulsory purchase, news, railways, service by sally

‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’

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Francis Taylor Building, 30th January 2020

Source: www.ftbchambers.co.uk

Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers

Posted February 6th, 2020 in adoption, chambers articles, human rights, news, notification, paternity by sally

‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’

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Parklane Plowden Chambers, 29th January 2020

Source: www.parklaneplowden.co.uk

Covert recordings: does the end justify the means? Read Martina Murphy and Jane Wheeler’s article in this month’s ELA Briefing here – 12 King’s Bench Walk

Posted February 6th, 2020 in audio recordings, employment, news, personal injuries, video recordings by sally

‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’

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12 King's Bench Walk, 4th February 2020

Source: www.12kbw.co.uk

VAT on; VAT off: Martial Arts and the Education Exemption – 3PB

Posted February 6th, 2020 in chambers articles, education, news, sport, VAT by sally

‘In the 1984 film Karate Kid, Mr Miyagi admonished Daniel: “I say; you do. No questions”. However, with VAT, there are always questions.’

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3PB, 29th January 2020

Source: www.3pb.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

For the Love of Money: Exploring the Decision in the Saracens Salary Cap Case – Sports Law Bulletin from Blackstone Chambers

Posted February 6th, 2020 in chambers articles, news, remuneration, sport by sally

‘In November 2019, an Independent Panel of Premiership Rugby handed down its eagerly anticipated decision concerning the Club’s alleged breaches of the Premiership Rugby Salary Regulations (the “Regulations”), which impose salary caps on elite rugby clubs.’

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Sports Law Bulletin from Blackstone Chambers, 29th January 2020

Source: www.sportslawbulletin.org

Disposals of cryptoassets, tax & the UKJT Legal Statement – Society for Computers and Law

Posted February 6th, 2020 in electronic commerce, jurisdiction, news, taxation by sally

‘Leigh Sagar looks at the mechanics and tax implications of cryptoasset disposals in the light of the UK Jurisdiction Taskforce Legal Statement on cryptoassets and smart contracts.’

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Society for Computers and Law, 29th January 2020

Source: www.scl.org

Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk

Posted February 6th, 2020 in chambers articles, hospitals, news, personal injuries by sally

‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’

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12 King's Bench Walk, 31st January 2020

Source: www.12kbw.co.uk

Jury finds serious failures at HMP Coldingley contributed to self-inflicted death of David Dunnings on IPP sentence – Garden Court Chambers

Posted February 6th, 2020 in inquests, news, prisons, suicide by sally

‘The inquest into the death of David Dunnings, 35, has concluded with the jury finding he died from suicide whilst at HMP Coldingley on 8 July 2017. He was serving an Indeterminate Sentence for Public Protection (IPP) and was significantly over tariff when he was moved to HMP Coldingley in September 2016.’

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Garden Court Chambers, 27th January 2020

Source: www.gardencourtchambers.co.uk

Costs: the 2019 trends – Hardwicke Chambers

Posted February 6th, 2020 in costs, news, podcasts by sally

‘Costs specialists PJ Kirby QC and Robin Dunne look back at some important cases of 2019 and consider what issues will arise in the world of costs in 2020.’

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Hardwicke Chambers, 29th January 2020

Source: hardwicke.co.uk

Extradited killer jailed for murdering wife and daughters – BBC News

Posted February 6th, 2020 in domestic violence, extradition, murder, news, sentencing by sally

‘An abusive husband who fled the country after murdering his estranged wife and their two daughters has been jailed.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Environmental Law Podcast – January 2020 – Six Pump Court

Posted February 6th, 2020 in environmental protection, news, podcasts by sally

‘The first environmental law news podcast of 2020 presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

Painkiller crash death nurse Cerys Price jailed – BBC News

Posted February 6th, 2020 in dangerous driving, drug abuse, news, sentencing by sally

‘A “drugged-up” nurse who killed a man in a head-on crash after taking a high dose prescription painkillers has been jailed for five years and four months.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020) – Parklane Plowden Chambers

Posted February 6th, 2020 in chambers articles, health & safety, news, personal injuries by sally

‘The Claimant sustained serious head injuries when he fell from the back of a vehicle when delivering goods in the course of his employment with the Defendant. The tail lift on the vehicle had been lowered by the Claimant. Shortly afterwards he had either stepped backwards or lost his footing, falling approximately one metre to the ground.’

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Parklane Plowden Chambers, 3rd February 2020

Source: www.parklaneplowden.co.uk

Solicitors’ wellbeing worse than schoolteachers, study finds – Legal Futures

Posted February 6th, 2020 in mental health, news, solicitors by sally

‘Solicitors have an even lower sense of psychological wellbeing on average than notoriously hard-pressed schoolteachers, according to research published today to coincide with national Time to Talk day – an event held to promote speaking out about mental health.’

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Legal Futures, 6th February 2020

Source: www.legalfutures.co.uk

What is “persecution” under the Refugee Convention? – Richmond Chambers

Posted February 6th, 2020 in asylum, chambers articles, news, refugees by sally

‘In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. The UNHCR Handbook notes at paragraph 51 that there is ‘no universally accepted definition of “persecution” and various attempts to formulate such a definition have met with little success’. Persecution has been defined in general terms in R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7, where Nolan J adopted the two dictionary definitions of the word: ‘to pursue, hunt, drive’ and ‘to pursue with malignancy or injurious action; especially to oppress for holding a heretical opinion or belief’. This post will examine the legal parameters of persecution.’

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Richmond Chambers, 31st January 2020

Source: immigrationbarrister.co.uk

Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, choice of forum, disclosure, jurisdiction, news by sally

‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’

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Hardwicke Chambers, 4th February 2020

Source: hardwicke.co.uk

Crown Court (Recording and Broadcasting) Order 2020: Questions We Should Be Asking – KCH Garden Sq

Posted February 6th, 2020 in chambers articles, Crown Court, media, news, video recordings by sally

‘When we think of televised court proceedings our minds instantly turn to the catchy maxim – ‘if it doesn’t fit, you must acquit’. Johnnie Cochran’s words, spoken during the defence team’s closing argument of OJ Simpson’s trial, came to embody a sensational trial which was televised over 134 days. And who can forget the footage of OJ, putting on the black gloves and showing his hands to the judge and jury? Then we fast forward to 2016, and the world watched as Oscar Pistorius – Paralympic champion and breaker of glass ceilings – walked across the courtroom on his stumps at his resentencing hearing for the murder of Reeva Steenkamp.’

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KCH Garden Sq, 29th January 2020

Source: kchgardensquare.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Property Newsletter: January 2020 – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, injunctions, landlord & tenant, news, travellers by sally

‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’

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Hardwicke Chambers, January 2020

Source: hardwicke.co.uk