11/03/2024 – Current Awareness

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’

UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

Spotlight on Construction Law – Local Government Lawyer

Posted March 11th, 2024 in building law, construction industry, local government, news by tracey

‘It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.’

Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Making out of borough offers – Local Government Lawyer

Posted March 11th, 2024 in housing, local government, news by tracey

‘Jeremy Ogilvie-Harris and Hannah Taylor look at how conscientious and lawful out of borough offers of accommodation under Part 7 of the Housing Act 1996 can be made.’

Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Claimant “does not know” identity of funder backing her case – Legal Futures

Posted March 11th, 2024 in abuse of process, banking, data protection, disclosure, HM Revenue & Customs, news, taxation, treaties by tracey

‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’

Legal Futures, 11th March 2024

Source: www.legalfutures.co.uk

Apathy and ignorance around legal ethics ‘root causes’ of misconduct – Law Society’s Gazette

Posted March 11th, 2024 in law firms, legal education, legal profession, news, professional conduct by tracey

‘Lawyers’ lack of interest in ethics may be fuelling an increase in rogue behaviour in the profession, an academic expert on the legal profession has suggested. Professor Richard Moorhead told a conference of lawyers yesterday that “apathy” and “ignorance” were a “root cause” of unethical behaviours that have manifested in issues such as the Post Office scandal.’

Law Society's Gazette, 8th March 2024

Source: www.lawgazette.co.uk

Grenfell: Met officers suing force over ‘trauma’ suffered – BBC News

Posted March 11th, 2024 in accidents, class actions, compensation, damages, emergency services, fire, fire services, news, personal injuries, police, psychiatric damage by tracey

‘More than 30 current and former Metropolitan Police officers are suing the force “for personal injury and losses following their role in the Grenfell Tower fire”, it says.’

BBC News, 10th March 2024

Source: www.bbc.co.uk

Statutory Trusts and Trusty Statutes – King’s Law Journal

Posted March 11th, 2024 in news, trusts by sally

‘Our argument here is that there are lessons for general trusts law reform from recent jurisprudence on ‘statutory trusts’. By ‘statutory trusts’, we mean trusts that are provided for by statutes in specific contexts, where the idea, or ideal, of the institution of the private trust is adopted and adapted by the legislature for certain purposes. But exactly which incidents of the traditional private trust at common law (the ‘common law trust’) are recognised may still need to be determined. We also consider authorities where it has been argued unsuccessfully that a legislative framework, while not expressly invoking a ‘trust’, nonetheless gives rise to a statutory trust.’

King's Law Journal, 5 March 2024

Source: www.tandfonline.com

Home Office is dysfunctional, says ex-borders watchdog David Neal – BBC News

Posted March 11th, 2024 in government departments, immigration, news, whistleblowers by tracey

‘The Home Office is dysfunctional and in urgent need of reform, the recently-sacked independent borders inspector has told the BBC’s Today Podcast.’

BBC News, 11th March 2024

Source: www.bbc.co.uk

NHS fertility centre’s licence suspended after ‘errors’ led to loss of embryos – The Independent

Posted March 11th, 2024 in hospitals, news, pregnancy by tracey

‘A fertility clinic in London has had its licence to operate suspended due to “significant concerns”.’

The Independent, 9th March 2024

Source: www.independent.co.uk

Coroner criticises benefits rules after vulnerable claimant’s death – The Guardian

Posted March 11th, 2024 in benefits, coroners, debts, drug abuse, government departments, inquests, mental health, news by tracey

‘A coroner has criticised the Department for Work and Pensions (DWP) after a woman died from an overdose in the wake of a six-month official investigation that left her with soaring universal credit debts.’

The Guardian, 10th March 2024

Source: www.theguardian.com

Prisoner describes ‘torture’ of indefinite jail term as he makes landmark public parole bid – The Independent

Posted March 11th, 2024 in human rights, imprisonment, mental health, news, parole, prisons by tracey

‘The first IPP prisoner to have his parole bid held in public has revealed how each day is “torture” serving a sentence with no release date.’

The Independent, 10th March 2024

Source: www.independent.co.uk

Head teacher sacked for tapping own child’s hand with fingers wins tribunal case – The Independent

Posted March 11th, 2024 in assault, children, employment, employment tribunals, families, news, school children, teachers, unfair dismissal by tracey

‘An experienced primary school head teacher sacked for assault after tapping her own son’s hand to stop him playing with a bottle of hand sanitiser was unfairly dismissed, an employment tribunal has ruled.’

The Independent, 9th March 2024

Source: www.independent.co.uk

Legal row could finally force mystery artist Banksy to reveal his real name – The Guardian

Posted March 11th, 2024 in anonymity, artistic works, contracts, news by tracey

‘Two art collectors are taking legal action against artist over his ‘refusal’ to confirm the authenticity of one of his famous images.’

The Guardian, 9th March 2024

Source: www.theguardian.com

Crown Prosecution Service lawyers trivialise teen sexual abuse, report says – The Guardian

Posted March 11th, 2024 in child abuse, children, criminal justice, Crown Prosecution Service, mental health, news, prosecutions, rape, sexual offences, victims by tracey

‘Lawyers in the Crown Prosecution Service in England and Wales have trivialised teen sexual abuse, are “obsessed” about the credibility of rape victims and used victim-blaming language, according to a critical official examination into how the service deals with serious sexual crimes.’

The Guardian, 11th March 2024

Source: www.theguardian.com

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