The expansion of a director duty to act in the interests of the company – Hardwicke Chambers

Posted February 26th, 2020 in chambers articles, company directors, news, shareholders by sally

‘A director’s duty to act in good faith in the interests of the company is the cornerstone of a director’s position. This long standing obligation was revamped in the Companies Act 2006 with the introduction of a new requirement that directors should have regard to a package of concerns reflecting what has been described as “enlightened shareholder value”. Following the enactment of section 172 of the Companies Act 2006, when determining what is in the interests of the company, directors are required to look beyond the pursuit of profit and consider various factors and third parties stakeholders who could be affected by the decision.’

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Hardwicke Chambers, 24th February 2020

Source: hardwicke.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Roundheads and Cavaliers – Ropewalk Chambers

‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’

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Ropewalk Chambers, February 2020

Source: www.ropewalk.co.uk

“Careless” solicitor who practised unauthorised struck off – Legal Futures

‘A solicitor who carried on practising for almost five months after his practising certificate (PC) and indemnity insurance expired has been struck off.’

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Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

Environmental Law Podcast – Six Pump Court

Posted February 26th, 2020 in bills, climate change, environmental protection, news by sally

‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.

In this podcast, Chris and Mark discuss in some depth certain key aspects of the Environment Bill, which was reintroduced to parliament on 30 January 2020.’

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Six Pump Court, 12th February 2020

Source: www.6pumpcourt.co.uk

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

‘Full of sound and fury, Signifying nothing’? – 6KBW College Hill

Posted February 26th, 2020 in appeals, chambers articles, news, rule of law by sally

‘It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]. The public policy grounds for this are obvious; justifying conduct breaching a court order on the basis that the defendant took the view, rightly or wrongly, that the order was invalid would undermine the central principle of legal certainty. Therefore, the correct time to mount such a challenge was before any conduct had taken place that breached the order. This has, of course, the effect of holding individuals liable for breaches of orders that should never have existed in the first place.’

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6KBW College Hill, 20th February 2020

Source: blog.6kbw.com

The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH

‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’

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5 SAH, 25th February 2020

Source: www.5sah.co.uk

DWP ordered to pay former trainee £400k over racism and ageism – The Guardian

‘A woman is to receive nearly £400,000 from the Department for Work and Pensions after a judge ruled that her colleagues there had deliberately created a “hostile environment” of racism and ageism that forced her out of work.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Appellant fails in challenge to closure order barring him from accessing his flat – Local Government Lawyer

Posted February 26th, 2020 in appeals, drug offences, drug trafficking, housing, local government, news by sally

‘An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.’

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Local Government Lawyer, 26th February 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Arkin cap is not a binding rule – Litigation Futures

Posted February 26th, 2020 in appeals, costs, news, third parties by sally

‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

Civil Justice Council proposes rule changes to ensure consideration of vulnerability of people in civil proceedings – Local Government Lawyer

‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

British citizen children and entry clearance – Richmond Chambers

Posted February 26th, 2020 in chambers articles, children, citizenship, deportation, immigration, news by sally

‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’

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Richmond Chambers, 21st February 2020

Source: immigrationbarrister.co.uk

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

BAILII: Recent Decisions

Posted February 26th, 2020 in law reports by tracey

Supreme Court

DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020)

Court of Appeal (Civil Division)

C (A Child : Interim Separation) [2020] EWCA Civ 257 (26 February 2020)

Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors [2020] EWCA Civ 246 (25 February 2020)

Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 (25 February 2020)

Invamed Group Ltd & Ors v Revenue And Customs [2020] EWCA Civ 243 (25 February 2020)

High Court (Administrative Court)

Taylor v Solihull Metropolitan Borough Council [2020] EWHC 412 (Admin) (25 February 2020)

High Court (Chancery Division)

Mohammed Majeed Faiz Shakeela Faiz SASSF Ltd v Burnley Borough Council [2020] EWHC 407 (Ch) (25 February 2020)

Asia Standard Management Services Ltd v Standard International Management LLC [2020] EWHC 28 (Ch) (25 February 2020)

High Court (Commercial Court)

Alfred Street Properties Ltd v National Asset Management Agency [2020] EWHC 397 (Comm) (26 February 2020)

Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor [2020] EWHC 415 (Comm) (25 February 2020)

High Court (Queen’s Bench Division)

Barclay v Barclay [2020] EWHC 424 (QB) (24 February 2020)

Bioplus Life Sciences Private Ltd & Ors v The Secretary of State for Health [2020] EWHC 329 (QB) (21 February 2020)

Payroller Ltd & Ors v Little Panda Consultants Ltd & Ors [2020] EWHC 400 (QB) (21 February 2020)

Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) (21 February 2020)

High Court (Technology and Construction Court)

Blackpool Borough Council v Volkerfitzpatrick Ltd and Range Roofing and Cladding Ltd & Ors [2020] EWHC 387 (TCC) (25 February 2020)

Source: www.bailii.org

Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers

Posted February 26th, 2020 in chambers articles, housing, landlord & tenant, news, rent, repossession by sally

‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’

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St Ives Chambers, 20th February 2020

Source: www.stiveschambers.co.uk

Brian Christopher Jones: The Widely Ignored and Underdeveloped Problem with Judicial Power – UK Constitutional Law Association

Posted February 26th, 2020 in constitutional law, judges, judiciary, news, professional conduct by sally

‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’

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UK Constitutional Law Association, 25th February 2020

Source: ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com