Sexual harassment in the workplace: employers, are you ready for the new rules? You have 6 months and counting… – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 30th, 2024 in chambers articles, employment, harassment, news by sally

‘On 26 October 2024, the new duty on employers, introduced by The Worker Protection (Amendment of Equality Act 2010) Act 2023 (‘Act’), to prevent sexual harassment of employees takes effect.’

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12 King’s Bench Walk Employment and Discrimination Blog, 8th April 2024

Source: 12kbwemploymentlaw.wordpress.com

Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog

Posted April 30th, 2024 in chambers articles, negligence, news, personal injuries, sport by sally

‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’

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12KBW Personal Injury Law Blog, 18th April 2024

Source: pilawblog.com

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

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Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

Irwin Mitchell Trust Corporation v PW – Hailsham Chambers

‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’

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Hailsham Chambers, 11th April2024

Source: www.hailshamchambers.com

Denial in the Nile: intention and contract formation – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, contracts, news, remuneration, shipping law by sally

‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’

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Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

Can workers be subjected to detriment for participating in lawful industrial action? The Supreme Court decision in Mercer – Guildhall Chambers

Posted April 30th, 2024 in chambers articles, human rights, industrial action, news by sally

‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’

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Guildhall Chambers, 24th April 2024

Source: www.guildhallchambers.co.uk

Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’

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Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers

‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’

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Doughty Street Chambers, 22nd March 2024

Source: insights.doughtystreet.co.uk

Restraint Orders: Is Complexity of Financial Structures an Indicator of Dishonesty? – Doughty Street Chambers

Posted April 30th, 2024 in chambers articles, corruption, fraud, money laundering, news, restraint orders by sally

‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a ‘complex web’, ‘designed to obfuscate’ or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’

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Doughty Street Chambers, 22nd April 2024

Source: insights.doughtystreet.co.uk

Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers

Posted April 30th, 2024 in chambers articles, law firms, locus standi, negligence, news, striking out, trusts by sally

‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’

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Hailsham Chambers, 16th April 2024

Source: www.hailshamchambers.com

In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

Financial Fair Play in the Premier League – Everton and Nottingham Forest – 12 King’s Bench Walk

Posted April 30th, 2024 in chambers articles, financial regulation, news, sport by sally

‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’

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12 King's Bench Walk, 4th April 2024

Source: 12kbw.co.uk

New Act – legislation.gov.uk

Posted April 30th, 2024 in legislation by tracey

2024 c. 9 – Investigatory Powers (Amendment) Act 2024

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2024 in legislation by tracey

SI 2024/575 – The National Health Service (Primary Medical Services and Performers Lists) (Amendment) Regulations 2024

SI 2024/567 – The Veterinary Medicines (Amendment etc.) Regulations 2024

Source: www.legislation.gov.uk

Pension Ombudsman highlights importance of clear fee information – OUT-LAW.com

Posted April 30th, 2024 in fees, news, ombudsmen, pensions by tracey

‘A recent UK Pension Ombudsman (PO) case flags the importance of pension firms providing clear and accurate fee information to savers from the outset. However, the case highlights that it is not the PO’s role to decide whether fees charged are reasonable or fair.’

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OUT-LAW.com, 29th April 2024

Source: www.pinsentmasons.com

Ministers hold fire over retrospective effect of litigation funding bill – Legal Futures

Posted April 30th, 2024 in agreements, champerty, news, retrospectivity, Supreme Court by tracey

‘The government is still considering concerns expressed about the retrospective effect of the bill to overturn last year’s Supreme Court ruling in PACCAR, a minister said yesterday.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Court allows firm to take £386k in fees from frozen client account – Legal Futures

Posted April 30th, 2024 in client accounts, debts, fees, freezing injunctions, law firms, news, third parties by tracey

‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette

Posted April 30th, 2024 in dispute resolution, families, family courts, news, regulations by tracey

‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’

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Law Society's Gazette, 29th April 2024

Source: www.lawgazette.co.uk

In depth: In conversation with the head of the GLD – Law Society’s Gazette

Posted April 30th, 2024 in government departments, legal profession, news, remuneration by tracey

‘As the Government Legal Department unveils its three-year business strategy, Treasury solicitor Susanna McGibbon expands on its goals of becoming a national GLD while offering rewarding careers.’

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Law Society's Gazette, 30th April 2024

Source: www.lawgazette.co.uk

Prisoner facing deportation had lack of care plan – BBC News

Posted April 30th, 2024 in deportation, imprisonment, mental health, news, ombudsmen, self-harm, suicide by tracey

‘A prisoner facing deportation to Lithuania was segregated for 52 days with no care plan before his suicide, an investigation found. Karolis Baltrunas, 31, was found to have taken his own life on 27 August 2020 at HMP The Mount in Hertfordshire, according to the Local Democracy Reporting Service, external.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk