Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers

Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally

‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’

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Gatehouse Chambers, 27th February 2024

Source: gatehouselaw.co.uk

Ground rent not legally or commercially necessary, says UK watchdog – The Guardian

Posted March 14th, 2024 in competition, consumer protection, leases, news, rent by sally

‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35 – UKSC Blog

Posted March 14th, 2024 in banking, news, Supreme Court, VAT by sally

‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’

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UKSC Blog, 12th March 2024

Source: ukscblog.com

The iniquity ‘exception’ to Legal Professional Privilege (Al Sadeq v Dechert LLP) – Gatehouse Chambers

Posted March 14th, 2024 in chambers articles, fraud, legal profession, news, privilege by sally

‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’

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Gatehouse Chambers, 4th February 2024

Source: gatehouselaw.co.uk

Balancing the autonomy and protection of children: competency challenges in data protection law – Information & Communications Technology Law

Posted March 14th, 2024 in children, data protection, news by sally

‘This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner’s Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO’s approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments.’

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Information & Communications Technology Law, 27th February 2024

Source: www.tandfonline.com

Historic discrimination and pension schemes – Pensions Barrister

Posted March 14th, 2024 in age discrimination, chambers articles, news, pensions by sally

‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’

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Pensions Barrister, 14th March 2024

Source: www.pensionsbarrister.com

Increased awards for pupil barristers – but also debts – Legal Futures

Posted March 14th, 2024 in barristers, debts, news, pupillage, remuneration by sally

‘Pupil barristers are receiving increased awards for their work but debt levels are also rising, a survey by the Bar Council has found.’

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Legal Futures, 14th March 2024

Source: www.legalfutures.co.uk

Met to pay £10,000 to woman detained overnight after Sarah Everard vigil – The Guardian

‘The Metropolitan police has agreed to pay £10,000 in damages to a woman arrested at the Sarah Everard vigil in Clapham, her solicitors have said.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

When Victims of Modern Slavery Became Offenders: The Unravelling of the UK’s Modern Slavery Agenda – Journal of Human Trafficking

Posted March 14th, 2024 in defences, duress, forced labour, news, trafficking in human beings, victims by sally

‘While victims of trafficking who commit crimes have a defense in law in England and Wales, this has not been without controversy in the courts and is increasingly threatened in practice as British government ministers heap suspicion on those formally seeking recognition as victims of modern slavery. In the first part of this article, we review recent criminal cases decided by the Court of Appeal in England and Wales to explore why it is that some victims of trafficking break the law. These cases reveal the impossible choices that constitute the nexus of circumstances that lead victims to offend. In the second part of this article, we examine the cases of three people convicted of modern slavery and allied immigration crimes that are excluded from the statutory defense in English and Welsh law to show how morally comprehensible the commission of serious crimes can be in the aftermath of exploitation, destitution and trauma. We conclude by urging academics and activists in the modern slavery field to be vocal about how few victims fit their stereotypes and to help articulate the irreconcilably difficult choices that explain why some break the law in immigration contexts that are overtly hostile toward them.’

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Jounal of Human Trafficking, 27th February 2024

Source: www.tandfonline.com

UK Court of Appeal decision gives firms guidance on T&Cs in digital age – OUT-LAW.com

Posted March 14th, 2024 in contracts, electronic commerce, gambling, news by sally

‘The Court of Appeal in England and Wales has considered what businesses need to do to incorporate standard terms and conditions into a digital contract for online services for the first time.’

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OUT-LAW.com, 13th March 2024

Source: www.pinsentmasons.com

What is the Post Office Horizon bill and why is it controversial? – The Guardian

‘The Post Office (Horizon system) offences bill, published on Wednesday, will quash the convictions of people resulting from the scandal, which involved hundreds being wrongly prosecuted on the basis of a faulty IT system. Here the Guardian explains the thinking behind the bill and why it is controversial.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 14th, 2024 in legislation by tracey

SI 2024/350 – The Individual Savings Account (Amendment) Regulations 2024

SI 2024/349 – The Child Trust Funds (Amendment) Regulations 2024

SI 2024/340 – The Electronic Monitoring (Responsible Persons) (Miscellaneous) Regulations 2024

SI 2024/366 – The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024

SI 2024/361 – The Procurement Act 2023 (Commencement No. 2) Regulations 2024

SI 2024/355 – The Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2024

SI 2024/354 – The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2024

SI 2024/352 – The Biocidal Products (Health and Safety) (Amendment and Transitional Provision etc.)

SI 2024/280 – The Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024

SI 2024/368 – The European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2024

SI 2024/359 – The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024

BAILII: Recent Decisions

Posted March 14th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Roehrig, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2024] EWCA Civ 240 (12 March 2024)

Jordan, R. v [2024] EWCA Crim 229 (12 March 2024)

High Court (Administrative Court)

Clark v Bunyan (Listing Officer) [2024] EWHC 486 (Admin) (13 March 2024)

Horvath v Central District Court of Buda, Hungary [2024] EWHC 499 (Admin) (13 March 2024)

Rogers, R (On the Application Of) v The General Medical Council [2024] EWHC 567 (Admin) (12 March 2024)

Michli, R (On the Application Of) v Westminster Magistrates Court [2024] EWHC 559 (Admin) (12 March 2024)

Salam v Solicitors Regulation Authority Ltd [2024] EWHC 547 (Admin) (12 March 2024)

MTA, R (On the Application Of) v Secretary of State for the Home Department & Ors [2024] EWHC 553 (Admin) (12 March 2024)

High Court (Chancery Division)

Kireeva v Zolotova & Anor [2024] EWHC 552 (Ch) (13 March 2024)

El Massouri v Omani Estates Ltd [2024] EWHC 534 (Ch) (13 March 2024)

High Court (Commercial Court)

Saudi Arabian Airlines Corporation v Sprite Aviation No. 6 DAC [2024] EWHC 371 (Comm) (13 March 2024)

High Court (Family Division)

Y & K, Re (Children: Summary Return Application: Asylum) [2024] EWHC 555 (Fam) (12 March 2024)

YR, Re (Deprivation of Liberty – Care Order – Principles of Care) [2024] EWHC 564 (Fam) (12 March 2024)

X (Financial Remedy: Non-Court Dispute Resolution), Re [2024] EWHC 538 (Fam) (08 March 2024)

High Court (King’s Bench Division)

X-R Touring LLP v Javor & Anor [2024] EWHC 562 (KB) (13 March 2024)

Piepenbrock v Michell & Ors [2024] EWHC 544 (KB) (13 March 2024)

Courtney v Ronksley [2024] EWHC 572 (KB) (13 March 2024)

Source: www.bailii.org