Enforcing Injunction Orders: The Role of Civil Procedure Rule 70.2A in Tackling Disobedience – St Philips Barristers

Posted April 2nd, 2025 in news by sally

‘Amanprit Kaur provides a practical example of how CPR 70.2A can be a powerful tool to enforce injunction orders against disobedient parties in the context of boundary disputes.’

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St Philips Barristers, 19th March 2025

Source: st-philips.com

Poultry and Pollution: The National Farmers’ Union v Herefordshire Council & Ors [2025] EWHC 536 (Admin) – Francis Taylor Building

Posted April 2nd, 2025 in news by sally

‘On 10 March 2025, the High Court dismissed a challenge to the Herefordshire Minerals and Waste Local Plan (“the MWLP”) brought by the National Farmers’ Union (“the NFU”). Whilst the immediate impact of the decision will primarily affect livestock production in Herefordshire, the Court’s conclusions on the meaning of “waste” is likely to have wider implications for the agricultural sector more generally.’

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Francis Taylor Building, 18th March 2025

Source: www.ftbchambers.co.uk

Falling behind the PACE: lie detectors, policing and lack of foreseeability – an FOI-based study – Legal Studies

Posted April 2nd, 2025 in news by sally

‘Despite its contested scientific validity, polygraph interviewing is now an established yet opaque practice within criminal justice in England and Wales, with statute law covering polygraph use in the context of probation for released offenders. In this paper, we highlight non-statutory uses of the polygraph by police forces in England and Wales by presenting analysis of responses to freedom of information (FOI) requests. The boundaries around police polygraph use are undefined and potentially elastic. The policies disclosed state that polygraph interviewing is conducted with regard to the Police and Criminal Evidence Act 1984 (PACE) and the Human Rights Act 1998; yet it is denied that a polygraph examination is a criminal interview conducted under PACE. Furthermore, there is a significant risk that the common law may not satisfy the quality of law requirement insofar as it is insufficiently clear who will be subject to polygraph testing, why and in what circumstances. Therefore, we argue that the legal basis for the police’s use of the polygraph is inadequate and imprecise. Without openness and scrutiny regarding the extent of this use, it is difficult to see how the key human rights principle of foreseeability can protect citizens from the risk of arbitrariness.’

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Legal Studies, 6th February 2025

Source: www.cambridge.org

Car firms fined for withholding recycling information – BBC News

Posted April 2nd, 2025 in news by sally

‘Ten carmakers and two industry groups have been fined a combined total of nearly £78m for withholding information about vehicle recycling.’

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BBC News, 1st April 2025

Source: www.bbc.co.uk

Local Inquiries: What do they mean and what might they do? – Doughty Street Chambers

Posted April 2nd, 2025 in news by sally

‘In January 2025, the Home Secretary Yvette Cooper announced a plan to fund work on five inquiries to explore allegations into failures by local services and police forces to adequately address child sexual exploitation and other sexual abuse. These were described as “victim-centred locally-led inquiries”, to be based on the work done by the Telford Inquiry chaired by Tom Crowther KC, and implemented at Oldham Council and four other pilot areas. in mid-March 2025, the Government advised that an update would be coming soon and likely pre-Easter.’

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Doughty Street Chambers, 25th March 2025

Source: insights.doughtystreet.co.uk

Q&A: Who’s afraid of systemic legal challenges? – 3PB

Posted April 2nd, 2025 in news by sally

‘2025 is likely to see a groundswell of systemic challenges on a range of social and economic issues affecting the education sector. If the last four years of case law is anything to go by, that may be an understatement.’

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3PB, 12th March 2025

Source: www.3pb.co.uk

Office for Students fines University of Sussex £585,000 for free speech and governance breaches – Oscar Davies – Garden Court Chambers

Posted April 2nd, 2025 in news by sally

‘The Office for Students (OfS) has imposed potentially its largest ever fine of £585,000 on the University of Sussex, citing failures in its governance and breaches of its duties relating to freedom of speech. This eye-catching penalty follows the university’s handling of events surrounding Professor Kathleen Stock in 2021, and the OfS’s investigation concluded that Sussex failed to take adequate steps to secure free expression.’

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Garden Court Chambers, 27th March 2025

Source: gardencourtchambers.co.uk

The Case of the Missing Wills – Case Note: Packer v Packer [2025] EWHC 461 (Ch) – Guildhall Chambers

Posted April 2nd, 2025 in news by sally

‘Following a three-day trial, Hugh Sims KC sitting as a Deputy High Court Judge (“the Judge”) handed down judgment in Packer v Packer [2025] EWHC 461 (Ch) (“the Judgment”). Ollie Murrell, instructed by Bailhache Law, acted for the successful Claimant.’

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Guildhall Chambers, 20th March 2025

Source: www.guildhallchambers.co.uk

Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10 – Hailsham Chambers

Posted April 2nd, 2025 in news by sally

‘On 19th March 2025, a panel of seven Supreme Court justices gave their decision in an appeal concerning whether an important change to the equitable principles about the duties and liabilities of fiduciaries should be made. A panel of seven justices was assembled because the Supreme Court was asked to depart from two longstanding decisions of the House of Lords: Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134 and Boardman v Phipps [1967] 2 AC 46.’

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Hailsham Chambers, 21st March 2025

Source: www.hailshamchambers.com

Lawyers attack ‘dangerous’ decision to halt Sentencing Council guidelines – The Guardian

Posted April 2nd, 2025 in news by sally

‘Shabana Mahmood’s intervention to halt new guidelines on sentencing is “dangerous” and a “deliberate step backwards”, according to senior legal figures and prison campaigners.’

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The Guardian, 1st April 2025

Source: www.theguardian.com

Victims will be able to attend offenders’ parole hearings – BBC News

Posted April 2nd, 2025 in news by sally

‘A scheme that saw victims of crime in Greater Manchester get to go to criminals’ parole hearings is to be rolled out across England and Wales.’

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BBC News, 1st April 2025

Source: www.bbc.co.uk

Data protection bill leaves room for governmental abuse, campaigners warn – The Guardian

Posted April 2nd, 2025 in news by sally

‘Privacy campaigners have warned that voters’ personal data could be used to target them with political messaging under new laws.’

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The Guardian, 1st April 2025

Source: www.theguardian.com

Man jailed for violent attack on police officer – BBC News

Posted April 2nd, 2025 in news by sally

‘A man who repeatedly punched a police officer in the face and head, fracturing his cheekbone and breaking his nose, has been jailed.’

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BBC News, 1st April 2025

Source: www.bbc.co.uk

Committals in financial remedies – a remedy of last resort? – St Philips Barristers

Posted April 1st, 2025 in news by sally

‘Hale LJ opined in Hale v Tanner, that applications for committal within a family law context raise unique considerations (for example, children).[1] The procedure is complex and must be followed meticulously as the application will fail if it is not. This is because the consequences of the application succeeding are serious – a person’s liberty is at stake.’

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St Philips Barristers, 25th March 2025

Source: st-philips.com

Prescribed Requirements and Section 21 Notices: service by post after Khan v D’Aubigny [2025] EWCA Civ 11 – St John’s Chambers

Posted April 1st, 2025 in news by sally

‘In this article Nicole Hilton considers the recent Court of Appeal case Khan v D’Aubigny [2025] EWCA Civ 11. The question before the Court was whether Section 7 of the Interpretation Act 1978 (the ‘1978 Act’) applied to the requirements under the Housing Act 1988 and corresponding Regulations for the provision of an Energy Performance Certificate (‘EPC’), Gas Safety Certificate (‘GSC’), and How to Rent Guide.’

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St John's Chambers, 11th March 2025

Source: www.stjohnschambers.co.uk

Functus officio? The unresolved question of the Home Secretary’s power to withdraw or amend extradition orders: Lloyd [2025] – 2 Hare Court

Posted April 1st, 2025 in news by sally

‘For those few interested in the procedural niceties surrounding extradition orders made by the Secretary of State under Part 2 of the Extradition Act 2003, last Wednesday’s judgment in Lloyd v Secretary of State for the Home Department [2025] EWHC 656 (Admin) leaves two questions unanswered:
1. What impact do mistakes on the face of an order have on its presumptive validity?
2. Does the Secretary of State for the Home Department (“SSHD”) have a power to amend, withdraw or replace an extradition order, once made?’

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2 Hare Court, 24th March 2025

Source: www.2harecourt.com

Legal regulators have “key role” in improving access to justice – Legal Futures

Posted April 1st, 2025 in news by sally

‘Innovation sandboxes, mandatory regulation of paralegals and new sources of funding – like interest on client accounts – are among the ideas put forward today by a report on the role of regulation to improve access to justice.’

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Legal Futures, 1st April 2025

Source: www.legalfutures.co.uk

Causation Defences in Fatal Accident Act Claims – Ropewalk Chambers

Posted April 1st, 2025 in news by sally

‘In a recent fatal clinical negligence case that I was involved in, the agreed medical position was that the Deceased would have been unlikely to survive for more than a month after the negligent event that brought about their death.’

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Ropewalk Chambers, 25th February 2025

Source: ropewalk.co.uk

Corporate criminal liability under the Economic Crime and Corporate Transparency Act 2023 – Legal Studies

Posted April 1st, 2025 in news by sally

‘The passage into law of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) marks the first time that Parliament has made significant changes to the common law principles of corporate criminal liability. First, for fault-based crimes, the ECCTA 2023 extends the common law practice of identifying a company with the criminal acts of its directors. By virtue of section 196 of the Act, a company may now also be identified with fault-based criminal acts engaged in by its ‘senior managers’ below directorial level. Secondly, the ECCTA 2023 creates a new corporate offence of failing to prevent fraud, although this may be committed only by so-called ‘large organisations’. I argue that the first of these reforms was not properly thought through, and that it should in any event have been made largely redundant by giving wider scope to the second of these reforms. An opportunity was missed in the ECCTA 2023 to make a failure-to-prevent serious crime a more generally applicable principle of corporate criminal liability.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

Barclays revisited: the High Court re-opens the door for claimants in securities litigation cases – 4 New Square

Posted April 1st, 2025 in news by sally

‘In this article, Alex Forzani analyses the recent decision in Persons Identified in Schedule 1 v Standard Chartered plc [2025] EWHC 698 (Ch).’

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4 New Square, 26th March 2025

Source: www.4newsquare.com