Rare public judgment on s.24 application for removal of arbitrator – Littleton Chambers

Posted April 14th, 2021 in arbitration, bias, chambers articles, news, recusal, Saudi Arabia, sport by sally

‘The Commercial Court (HHJ Pelling QC) recently handed down judgment in the case of Newcastle United Football Company Limited v (1) The Football Association Premier League Limited (2) Michael Beloff QC (3) Lord Neuberger (4) Lord Dyson [2021] EWHC 349 (Comm).’

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Littleton Chambers, 16th March 2021

Source: littletonchambers.com

Covid-19 related absence dismissal was not automatically unfair – St Philips Barristers

‘The Leeds Employment Tribunal has recently determined one of the first dismissals arising out of the coronavirus pandemic in Rogers v Leeds Laser Cuttings Ltd [2021] No. 1803829/2020, writes Jonathan Gidney.’

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St Philips Chambers, 25th March 2021

Source: st-philips.com

Met officer faces dismissal after ‘clear case of racial profiling’ – The Guardian

‘A police officer jailed for picking on a black father because of his colour and attacking him in front of his children is facing dismissal.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation.[1] There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

“Lost years claims”: a rare re-opening following determination on damages – 3PB

‘This was a Court of Appeal decision following a hearing in December 2020. The parties to the Claim were the estate of the late Appellant, Michael Head and his former employer the Culver Heating Company Limited as Respondent.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

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No. 5 Chambers, 8th April 2021

Source: www.no5.com

Judgment on Asda Stores Ltd v Brierley and others [2021] UKSC 10 – case summary by Daisy van den Berg – Old Square Chambers

‘Judgment was handed down on 26 March 2021 by the Supreme Court in the case of Asda Stores Ltd v Brierley and others [2021] UKSC 10. It was held that employees working in Asda’s stores can use as comparators employees working in Asda’s depots for the purposes of an equal pay claim.’

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Old Square Chambers, 26th March 2021

Source: oldsquare.co.uk

Money for Nothing? Crypto-Assets and their Implications in Matrimonial and Private Client Work – Pump Court Chambers

‘For the matrimonial finance and private client lawyer, crypto-assets can form a major part of a client’s estate and we are seeing them with increasing frequency. It is vital that we can identify, value and understand them, and advise on their implications for clients, for others interested in client assets, and to assist the court, if necessary.’

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Pump Court Chambers, 19th March 2021

Source: www.pumpcourtchambers.com

Brexit and what it means for the conflict of laws – St John’s Chambers

Posted April 14th, 2021 in brexit, chambers articles, conflict of laws, jurisdiction, news by sally

‘The ‘B’ word and the ‘C’ word in one article… Brexit and the Conflict of laws. Those familiar with private international law will appreciate the central role played by various EU regulations in harmonising the conflict of laws rules governing jurisdiction, applicable law and the recognition and enforcement of judgments across EU Member States (“MSs”). In the commercial context, “Brussels I”, “Rome I” and “Rome II” have (for the most part) worked very well in furthering that objective of harmonisation.’

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St John's Chambers, 29th March 2021

Source: www.stjohnschambers.co.uk

Legal implications of ‘no jab, no job’ – Six Pump Court

Posted April 14th, 2021 in chambers articles, coronavirus, employment, news, vaccination by sally

‘Gordon Menzies considers the legal implications of ‘no jab, no job’ initiatives by employers and offers a guide to some of the relevant factors that should be taken into consideration when such measures are considered.’

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Six Pump Court, 6th April 2021

Source: www.6pumpcourt.co.uk

Covid-19 and the courts – The House of Lords Constitution Committee’s report – Transparency Project

Posted April 14th, 2021 in constitutional law, coronavirus, courts, inquiries, news, select committees by sally

‘In a report published at the end of last month the House of Lords Constitution Committee made a number of criticisms of the way the courts have responded to the coronavirus pandemic and the suspension of live hearings necessitated by the lockdown, and made various recommendations as to the need for more resources to reduce the backlog of cases and create a better justice system for the future.’

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Transparency Project, 11th April 2021

Source: www.transparencyproject.org.uk

F (A Child : Adjournment) [2021] EWCA Civ 469 – Transparency Project

‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’

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Transparency Project, 12th April 2021

Source: www.transparencyproject.org.uk

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

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5SAH, 17th March 2021

Source: www.5sah.co.uk

UK Supreme Court: sale and leaseback did not trigger VAT clawback – OUT-LAW.com

Posted April 14th, 2021 in appeals, care homes, HM Revenue & Customs, news, Supreme Court, VAT by sally

‘The sale and leaseback of a newly constructed care home was not a disposal of the entire interest in the care home, so as to trigger a claw-back of the VAT zero-rating which had applied when the property was acquired from the developer, the UK’s Supreme Court has decided.’

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OUT-LAW.com, 13th April 2021

Source: www.pinsentmasons.com

Rent Repayment Orders and Multiple Offences – 3PB

Posted April 14th, 2021 in chambers articles, housing, landlord & tenant, news by sally

‘The term ‘rogue landlords’ has been around for many years.’

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3PB, 18th March 2021

Source: www.3pb.co.uk

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Home Office faces inquiry into use of barracks to house asylum seekers – The Guardian

Posted April 14th, 2021 in asylum, detention, government departments, housing, immigration, inquiries, news by sally

‘MPs and peers from the all-party parliamentary group (APPG) on immigration detention agreed to proceed with the inquiry at a private meeting on 17 March. The cross-party group is due to publish its initial findings before the summer recess and hopes its findings can inform parliamentary discussions about the Home Office’s new plans for asylum seekers.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

The role of courts at the seat of arbitration – Law Society’s Gazette

Posted April 14th, 2021 in appeals, arbitration, case management, courts, jurisdiction, news by sally

‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Is there still any place for supervision orders? – Transparency Project

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk