Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

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Trusts & Trustess, 19th March 2024


The Resurgence of Standing in Judicial Review – Oxford Journal of Legal Studies

Posted March 27th, 2024 in judicial review, news by sally

‘It is now commonplace for courts to remark that standing to seek judicial review is ‘context-sensitive’. The questions of how the courts adapt standing to context, and whether they do so appropriately, have, however, received remarkably little scholarly and judicial attention. This is perhaps because, until recently, there has been relatively little in the case law to spark scholarly interest. Standing, however, is in the midst of a resurgence. This article makes use of a distinction between three types of judicial review case—challenges to (i) favourable targeted, (ii) unfavourable targeted and (iii) non-targeted decisions—as a mode through which to explore the growing body of standing case law. In doing so, it both seeks to further understanding of how courts determine what constitutes a ‘sufficient interest’ and to highlight areas of the law in need of clarification or reconsideration.’

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Oxford Journal of Legal Studies, 14th March 2024


Recent Statutory Instruments –

Posted March 27th, 2024 in law reports by tracey

SI 2024/431 – The Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024

SI 2024/430 – The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024

SI 2024/426 – The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2024

SI 2024/425 – The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) (Amendment) Order 2024

SI 2024/424 – The Customs Tariff (Preferential Trade Arrangements) (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) (Amendment) Regulations 2024

SI 2024/421 – The Domestic Abuse Act 2021 (Amendment) Regulations 2024

SI 2024/415 – The Parochial Fees Order 2024

SI 2024/420 – The Single Source Contract (Amendment) Regulations 2024


Finley Boden: Parents killed baby when he should have been most protected, report says – BBC News

‘Safeguarding practices in the case of 10-month-old Finley Boden who was murdered by his parents were inadequate, a review has found.’

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BBC News, 27th March 2024


Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’

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39 Essex Chambers, 7th February 2024


BAILII: Recent Decisions

Posted March 27th, 2024 in law reports by tracey

Supreme Court

Hassam & Anor v Rabot & Anor [2024] UKSC 11 (26 March 2024)

Court of Appeal (Civil Division)

Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 (26 March 2024)

Durnont Enterprises Ltd v Fazita Investment Ltd & Ors [2024] EWCA Civ 299 (26 March 2024)

Prudential Assurance Company Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 300 (26 March 2024)

High Court (Administrative Court)

Pandian v General Medical Council [2024] EWHC 629 (Admin) (26 March 2024)

Assange v Government of the United States of America & Anor [2024] EWHC 700 (Admin) (26 March 2024)

Professional Standards Authority for Health and Social Care v Nursing and Midwifery Council & Anor [2024] EWHC 691 (Admin) (26 March 2024)

His Majesty’s Attorney General for England and Wales v Gray [2024] EWHC 718 (Admin) (26 March 2024)

Clarke v Crown Prosecution Service [2024] EWHC 704 (Admin) (26 March 2024)

YVR, R (On the Application Of) v Birmingham City Council [2024] EWHC 701 (Admin) (26 March 2024)

High Court (Chancery Division)

Henchley & Ors v Thompson & Anor (Re WCC Henchley Trust) [2024] EWHC 607 (Ch) (26 March 2024)

McCarthy v Proctor [2024] EWHC 684 (Ch) (26 March 2024)


Blockchain as a database—proposal for a new test for the criterion of ‘independence’ in the legal definition of a database for the purposes of copyright and the sui generis right – Journal of Intellectual Property Law & Practice

Posted March 27th, 2024 in computer programs, copyright, intellectual property, news by sally

‘Technology’s exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a “database” for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be “independent”. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the “linked-list” structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into “content” and “structure”, and confine the criterion of “independence” to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of “independence” is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database.’

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Journal of Intellectual Property Law & Practice, 22nd March 2024


Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector – Law & Social Inquiry

‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’

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Law & Social Inquiry, 14th February 2024


Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

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Local Government Lawyer, 26th March 2024


Assisted dying / assisted suicide – concrete British realities -Mental Capacity Law and Policy

Posted March 27th, 2024 in assisted suicide, bills, news, Scotland by sally

‘Reading some of the recent media coverage of the issue of assisted dying / assisted suicide, people could be forgiven for thinking that resolving the debate is a simple matter. In the context of a private MSP bill being introduced into the Scottish Parliament this week (March 25 2024), it is doubly important to be clear that – whatever one’s views – implementing any decision to legalise assisted dying / assisted suicide is not going to be simple.’

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Mental Capacity Law and Policy, 25th March 2024


NHS parking charges should be free of VAT, Court of Appeal rules –

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

Full Story, 26th March 2024


Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

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UKSC Blog, 26th March 2024


In the heat of the moment : the statutory concept of dismissal and impulsive resignations – by Hugh Collins – UK Labour Law

Posted March 27th, 2024 in appeals, contract of employment, employment, employment tribunals, news by sally

‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’

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UK Labour Law, 26th March 2024


Court of Appeal dismisses Tesco appeal in Lidl logo dispute –

Posted March 27th, 2024 in appeals, intellectual property, news, trade marks by sally

‘A recent Court of Appeal judgment in a branding dispute between two UK supermarkets highlights the real challenge of appeals, an expert has said.’

Full Story, 26th March 2024


Pair jailed after police chase in Norfolk maize field ends in fatality – BBC News

‘A man has been jailed for 12 years following a fatal crash involving a police pursuit through a maize field.’

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BBC News, 26th March 2024


APIL drops fixed costs judicial review after government “concessions” – Legal Futures

‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’

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Legal Futures, 27th March 2024