Alerter by Ben Norton – Meaning of ‘deliberate’, ‘concealment’ and ‘breach of duty’ under s.32 Limitation Act 1980 – Henderson Chambers

Posted April 15th, 2021 in consumer credit, insurance, limitations, news by sally

‘Ben Norton considers the meaning of “deliberate”, “concealment” and “breach of duty” under s.32 Limitation Act 1980 in the context of the Consumer Credit Act’s unfair relationship provisions following Canada Square Operations Ltd v Potter.’

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Henderson Chambers, 19th March 2021


No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

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New Square Chambers, 1st April 2021


Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters

‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’

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Cloisters, 26th March 2021


Summary Judgment and Striking Out Allegations of Civil Fraud – Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) – Littleton Chambers

Posted April 15th, 2021 in fraud, news, striking out, summary judgments, unlawful means conspiracy by sally

‘Traditionally, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to use the interim remedies of summary judgment and strike out involving allegations of fraud without the need for a full trial, in “appropriate” cases.’

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Littleton Chambers, 7th April 2021


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

Posted April 15th, 2021 in confidentiality, income tax, news, privacy by sally

‘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. 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


The challenges with data and AI in UK financial services –

‘Financial services businesses should review the way they procure, manage and use data, and consider whether specific new processes need to be developed, to implement artificial intelligence (AI) systems in a way that customers trust, is effective and meets legal and regulatory standards.’

Full Story, 14th April 2021


Court of Appeal allows appeal over decision by Family Court judge not to separate mother and baby – Local Government Lawyer

Posted April 15th, 2021 in appeals, children, fostering, local government, news by sally

‘The Court of Appeal has allowed an appeal by a local authority over a judge’s decision not to separate a mother and a baby.’

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Local Government Lawyer, 15th April 2021


Street Space and Taxis During the COVID-19 Pandemic – City Law Forum

Posted April 15th, 2021 in coronavirus, London, news, road traffic, taxis by sally

‘The taxi or black cab has from time immemorial been part of the London transport scene. They are permitted to use all available road space, including bus lanes. The current pandemic has motivated the Mayor of London and Transport for London (TfL) to create a policy resulting in traffic plan and traffic orders limiting the amount of road space available for vehicles. The result of these orders has been to restrict taxis from using road space (including bus lanes) in two areas of central London that were previously available to them.’

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City Law Forum, 14th April 2021


Budget variation application failed promptness test, master rules – Litigation Futures

Posted April 15th, 2021 in budgets, civil procedure rules, costs, drafting, negligence, news by sally

‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’

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Litigation Futures, 13th April 2021


Oldham gang jailed for £160k supermarket thefts – BBC News

Posted April 15th, 2021 in conspiracy, guilty pleas, news, sentencing, theft by sally

‘Six men who stole more than £160,000 worth of items from supermarkets, by setting off alarms to distract security guards, have been jailed.’

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BBC News, 14th April 2021


About 700,000 renters served with ‘no-fault’ eviction notices since start of pandemic – The Guardian

Posted April 15th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘About 700,000 renters are estimated to have been served with “no-fault” eviction notices since the start of the pandemic, despite a government promise to scrap the practice.’

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The Guardian, 15th April 2021


Inquests for insurers: why they are relevant – Mills & Reeve

Posted April 15th, 2021 in coroners, inquests, insurance, news by sally

‘Inquests are valuable to insurers as Neil Ward explains. They offer a unique opportunity to hear evidence on all of the key issues which are likely to arise in determining liability arising out of any claim following a death.’

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Mills & Reeve, 13th April 2021


Care home residents ‘barred’ from voting in local elections because of Covid rules – Daily Telegraph

Posted April 15th, 2021 in care homes, care workers, coronavirus, elections, news, regulations by sally

‘Care home residents are “effectively barred” from voting in person in the elections by guidance that requires them to self-isolate for 14 days after leaving the home, a care group has said.’

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Daily Telegraph, 14th April 2021


Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021


Older drinkers risk discrimination says charity, after pub refuses to serve man without smartphone – Daily Telegraph

‘Older drinkers are at risk of discrimination in pubs because they do not have smartphones to order food and drinks on an app, a charity has warned.’

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Daily Telegraph, 13th April 2021


Thousands in UK may have missed out on work rights redress, study finds – The Guardian

Posted April 15th, 2021 in compensation, employment tribunals, fees, news, statistics by sally

‘A four-year policy of charging workers up to £1,200 to take law-breaking bosses to court was based on misleading data, a study has found, meaning thousands of people may have wrongly missed out on redress for breaches of employment rights.’

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The Guardian, 14th April 2021


New Statutory Instruments –

Posted April 15th, 2021 in legislation by tracey

The Firearms (Amendment) Rules 2021

The Solvency 2 (Credit Risk Adjustment) Regulations 2021


BAILII: Recent Decisions

Posted April 15th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

OT Computers Ltd v Infineon Technologies Ag & Anor [2021] EWCA Civ 501 (14 April 2021)

MR (Pakistan) & Anor v Secretary of State for Justice & Orse [2021] EWCA Civ 541 (14 April 2021)

High Court (Chancery Division)

Rea v Rea & Ors [2021] EWHC 893 (Ch) (14 April 2021)

High Court (Commercial Court) Decisions

Interactive Digital Systems Ltd v VST Enterprises Ltd [2021] EWHC 887 (Ch) (14 April 2021)

Toucan Energy Holdings Ltd & Anor Wirsol Energy Ltd & Ors [2021] EWHC 895 (Comm) (14 April 2021)

Hulley Enterprises Ltd & Ors v The Russian Federation [2021] EWHC 894 (Comm) (14 April 2021)

Axis Corporate Capital UK II Ltd & Ors v ABSA Group Ltd & Ors [2021] EWHC 861 (Comm) (13 April 2021)

High Court (Queen’s Bench Division)

Kingsley Napley LLP v Harris & Anor [2021 EWHC 901 (QB) (14 April 2021)