Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? – Parklane Plowden Chambers

‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’

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Parklane Plowden Chambers, 29th June 2021

Source: www.parklaneplowden.co.uk

Fiduciary duties beyond the fiduciary relationship – no clean break for directors – Littleton Chambers

‘In Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) Mr Greenbank (sitting as a Deputy Judge of the High Court) was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. The essential part of the judgment on this point is at paragraph 391 to 410. The Defendants in this case were represented by Richard Leiper QC and Charlotte Davies, instructed by Clyde & Co LLP.’

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Littleton Chambers, 24th June 2021

Source: littletonchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2021 in legislation by tracey

The National Security and Investment Act 2021 (Commencement No. 1 and Transitional Provision) Regulations 2021

The Public Procurement (International Trade Agreements) (Amendment) Regulations 2021

The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 2nd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Travelers Insurance Company Ltd v Armstrong & Anor [2021] EWCA Civ 978 (01 July 2021)

Perform Content Services Ltd v Ness Global Services Ltd [2021] EWCA Civ 981 (01 July 2021)

Avison Young Ltd v Jackson (Valuation Officer) [2021] EWCA Civ 969 (01 July 2021)

McGaw v The Welsh Ministers [2021] EWCA Civ 976 (30 June 2021)

Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973 (30 June 2021)

Reprieve & Ors, R (On the Application Of) v The Prime Minister [2021] EWCA Civ 972 (30 June 2021)

Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 (30 June 2021)

High Court (Administrative Court)

Cleeland, R (On the Application Of) v Criminal Cases Review Commission [2021] EWHC 1788 (Admin) (30 June 2021)

Valero Logistics UK Ltd & Anor v Plymouth City Council [2021] EWHC 1792 (Admin) (30 June 2021)

Municipal Court of Bacau, Romania v Elena Spirache [2021] EWHC 1778 (Admin) (30 June 2021)

Blanchard v The Juzgado De Instruccion No. 5 De La Audienca Nacional, Spain [2021] EWHC 1776 (Admin) (30 June 2021)

High Court (Chancery Division)

A Company, Re [2021] EWHC 1760 (Ch) (01 July 2021)

Santander UK Plc, Re Part VII of the Financial Services and Markets Act 2000 [2021] EWHC 1813 (Ch) (01 July 2021)

Ceredigion Recycling And Furniture Team v Pope & Ors [2021] EWHC 1783 (Ch) (30 June 2021)

GO DPO EU & Ors, Re [2021] EWHC 1765 (Ch) (30 June 2021)

High Court (Queen’s Bench Division)

Bates v Snozone (Holdings) Ltd [2021] EWHC 1828 (QB) (02 July 2021)

John West Foods Ltd v Marine Management Organisation [2021] EWHC 1763 (QB) (02 July 2021)

Hodges v Naish (Rev1) [2021] EWHC 1805 (QB) (01 July 2021)

Moreira v Moran t/a ACH Joinery and Building Contractors & Ors [2021] EWHC 1800 (QB) (01 July 2021)

Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021)

Lachaux v Independent Print Ltd & Anor[2021] EWHC 1797 (QB) (01 July 2021)

Bonnier Books UK Group Holdings Ltd v Johnson [2021] EWHC 1789 (QB) (30 June 2021)

Source: www.bailii.org

Too much of a good thing: serial adjudication, multiple disputes and NEC – Practical Law: Construction Blog

Posted July 2nd, 2021 in construction industry, contracts, dispute resolution, news by tracey

‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’

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Practical Law: Construction Blog, 29th June 2021

Source: constructionblog.practicallaw.com

Legal lifeline for people in need – Ministry of Justice

‘People who have fallen on hard times during the pandemic will be helped by extra funding for free legal advice, the government has announced.’

Full press release

Ministry of Justice, 1st July 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Drunk son jailed for attacking ill mother by ‘windmilling his arms’ – The Independent

‘A 33-year-old man has been sentenced to 11 months after he breached a restraining order to carry out a drunken attack on his mother.’

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The Independent, 1st July 2021

Source: www.independent.co.uk

Sarah Everard: Police violated rights at demos, say MPs – BBC News

Posted July 2nd, 2021 in bills, demonstrations, murder, news, police, professional conduct, rape by tracey

‘Police breached “fundamental rights” at a vigil for Sarah Everard and “Kill the Bill” protests earlier this year, an inquiry by MPs has found.’

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BBC News, 1st July 2021

Source: www.bbc.co.uk

Indirect Discrimination Against Working Mothers – Littleton Chambers

‘On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA. CLICK HERE to read the judgment.’

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Littleton Chambers, 23rd June 2021

Source: littletonchambers.com

Government commission ignored evidence of NHS racism, says British Medical Association – The Independent

‘The British Medical Association has said the highly-contested Sewell report “ignored well-documented” evidence of structural racism. The professional body for doctors refuted the report’s overall findings and said the government-appointed Commission on Race and Ethnic Disparities (CRED) missed opportunities to identify effective solutions to tackling racial inequality.’

Full Story

The Independent, 1st July 2021

Source: www.independent.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

Full Story

Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

No more reward without risk – Local Government Lawyer

Posted July 2nd, 2021 in contracting out, local government, news, pensions, waste by tracey

‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

Full Story

Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk

New world order for trusts?: The meaning of ‘prior interest’ in section 32 – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, news, trusts by sally

‘The statutory power of advancement conferred by section 32 of the Trustee Act 1925 is a valuable tool for trustees given them as an aid to enable trust property to be used for the fullest benefit of a beneficiary with an interest in capital: see Lord Inglewood v IRC [1983] 1 WLR 366, 372–3 per Fox LJ, a judgment which contains a useful catalogue of ways in which the power has been exercised.’

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Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk

Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, forfeiture, limitations, news, pensions, trusts by sally

‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’

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Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

PC who killed Dalian Atkinson jailed – Crown Prosecution Service

‘Benjamin Monk, 43, has been sentenced to eight years in prison after being found guilty last week of killing former Aston Villa player Dalian Atkinson.’

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Crown Prosecution Service, 29th June 2021

Source: www.cps.gov.uk

36 Crime Criminal Updates – The 36 Group

‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’

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The 36 Group, 28th June 2021

Source: 36group.co.uk

Bar regulator under fire for prioritising interests of barristers – Law society’s Gazette

Posted July 2nd, 2021 in barristers, legal services, Legal Services Board, news by tracey

‘The Legal Services Board has published a withering review of the bar’s regulator, saying it places the interests of barristers ahead of the public and appears to be failing in its duty to improve access to justice.’

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Law Society's Gazette, 1st July 2021

Source: www.lawgazette.co.uk

NEWS ‘Crying in court’: Bar Council urges action on judicial bullying – Law Society’s Gazette

Posted July 2nd, 2021 in barristers, bullying, courts, diversity, equality, judges, judiciary, news by tracey

‘The Bar Council has encouraged barristers to speak up about judicial bullying, following an anecdotal rise in judges making lawyers cry in court. The representative body is due to meet with the judiciary’s equality and diversity lead this week to discuss the types of incidents involving judges that get reported and the impact they have on barristers.’

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Law Society's Gazette, 2nd July 2021

Source: www.lawgazette.co.uk