Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Woman jailed for providing unqualified immigration advice – Legal Futures

‘A woman has been jailed for fraud and providing unqualified immigration advice and services, with her husband sentenced to community service.’

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Legal Futures, 19th April 2021

Source: www.legalfutures.co.uk

Call for work to make consumer-facing legal documents more intelligible – Legal Futures

‘Lawyers need to make consumer-facing legal documents more engaging, and regulators and industry should consider measures to ensure they are intelligible, a report has recommended.’

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Legal Futures, 19th April 2021

Source: www.legalfutures.co.uk

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by tracey

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

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Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

HS2: Judge orders pause on tree felling at wood that inspired Roald Dahl’s Fantastic Mr Fox – The Independent

‘A High Court judge has ordered HS2 to stop felling trees at a wood that inspired Roald Dahl to write Fantastic Mr Fox, ahead of a hearing into whether the government licences were issued legitimately.’

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The Independent, 17th April 2021

Source: www.independent.co.uk

Hillsborough police face trial accused of perverting course of justice – The Guardian

‘Two former South Yorkshire police officers and the force’s lawyer at the time of the Hillsborough stadium disaster in 1989 face trial on Monday charged with perverting the course of justice over the amendment of police statements about the tragedy.’

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The Guardian, 18th April 2021

Source: www.theguardian.com

Police officers ‘took seized Bentley on Cheshunt drive’ – BBC News

Posted April 19th, 2021 in confiscation, news, police, professional conduct by tracey

‘Three Hertfordshire police officers who sped on a dual carriageway in a luxury car seized from its driver have been given a final written warning after being found guilty of gross misconduct.’

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BBC News, 18th April 2021

Source: www.bbc.co.uk

Clergy speak out over ‘racism in Church of England’ Published8 hours ago – BBC News

Posted April 19th, 2021 in Church of England, complaints, disclosure, employment, news, racism by tracey

‘Some ethnic minority staff who made complaints of racism within the Church of England have been paid off to “buy their silence”, BBC Panorama has been told.’

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BBC News, 19th April 2021

Source: www.bbc.co.uk

Wife of British wrestling champion refused UK visa – The Independent

‘The wife of a British wrestling champion who has won gold medals for the country has hit out at the UK’s “cruel” immigration rules after his wife was refused a visa.’

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The Independent, 17th April 2021

Source: www.independent.co.uk

Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden

Posted April 16th, 2021 in cancer, chambers articles, damages, deceit, doctors, negligence, news by sally

‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’

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Parklane Plowden, 1st April 2021

Source: www.parklaneplowden.co.uk

Alerter: The EU-UK Trade & Cooperation Agreement: what does it mean for consumer protection & product liability? – Henderson Chambers

Posted April 16th, 2021 in brexit, chambers articles, consumer protection, news, sale of goods by sally

‘After months of negotiation, the EU-UK Trade and Cooperation Agreement (“TCA”), agreed in principle on 24 December 2020, is to govern trade and services between the UK and EU from 1 January 2021. Whilst the predominant focus is on the continued absence of tariffs or quotas on goods traded between the UK and EU provided those goods meet the rules of origin, for many other key areas it is a framework for more substantial future agreements. In this alerter, we explore the key features of the TCA in relation to product liability and consumer protection.’

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Henderson Chambers, 31st March 2021

Source: www.hendersonchambers.co.uk

Proving The Driver Isn’t Always At Fault – Old Square Chambers

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

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Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

High Court dismisses allegations over administrators’ conduct – OUT-LAW.com

Posted April 16th, 2021 in administrators, chambers articles, insolvency, liquidators, news by tracey

‘The High Court of England and Wales has dismissed a claim brought by the liquidators of One Blackfriars Limited against its former joint administrators over the sale of the company’s main asset, a development site in Blackfriars, London.’

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OUT-LAW.com, 15th April 2021

Source: www.pinsentmasons.com

New Statutory Instruments – legislation.gov.uk

Posted April 16th, 2021 in legislation by tracey

The Town and Country Planning (General Permitted Development) (England) (Amendment) (Coronavirus) Order 2021

The Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Reports) (Authorised Person) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 16th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Michael Wilson & Partners Ltd v Sinclair & Ors [2021] EWCA Civ 505 (16 April 2021)

National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548 (16 April 2021)

Stanford International Bank Ltd v HSBC Bank Plc [2021] EWCA Civ 535 (15 April 2021)

Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 (15 April 2021)

Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492 (15 April 2021)

Court of Appeal (Criminal Division)

London Borough of Barnet v Kamyab [2021] EWCA Crim 543 (15 April 2021)

High Court (Administrative Court)

Trent, R (On the Application Of) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021)

Schofield, R (On the Application Of) v Secretary Of State For The Home Department [2021] EWHC 902 (Admin) (16 April 2021)

Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) (14 April 2021)

High Court (Chancery Division)

Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) (16 April 2021)

Virgin Active Holdings Ltd & Ors, Re (Part 26A of the Companies Act 2006) [2021] EWHC 911 (Ch) (16 April 2021)

Stonard v Green Shoots Capital UK Ltd [2021] EWHC 927 (Ch) (16 April 2021)

Blackpool Football Club (Properties) Ltd v Coope & Anor [2021] EWHC 910 (Ch) (15 April 2021)

High Court (Commercial Court)

Tugushev v Orlov & Ors [2021] EWHC 926 (Comm) (16 April 2021)

Source: www.bailii.org

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

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Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Female juniors head towards equality before top court – Litigation Futures

Posted April 16th, 2021 in barristers, diversity, equality, gender, news, statistics, Supreme Court, women by tracey

‘The ratio of women to men appearing before the Supreme Court has improved hugely in recent years at junior levels, although less so at senior levels, a comprehensive survey has shown.’

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Litigation Futures, 15th April 2021

Source: www.litigationfutures.com

Senior City lawyers want to continue working flexibly – or will leave – Legal Futures

Posted April 16th, 2021 in coronavirus, employment, flexible working, law firms, news, solicitors by tracey

‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’

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Legal Futures, 16th April 2021

Source: www.legalfutures.co.uk