Supreme Court revisits a trustee’s duty to account for unauthorised profits: Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10 – Gatehouse Chambers

Posted April 4th, 2025 in news by sally

‘In Rukhadze v Recovery Partners GP Ltd, the Supreme Court recently revisited the previously settled law regarding a fiduciary’s duty to account for an unauthorised profit.’

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Gatehouse Chambers, 31st March 2025

Source: gatehouselaw.co.uk

Practice Direction 57AD – Disclosure in the Business and Property Courts – Parklane Plowden Chambers

Posted April 4th, 2025 in news by sally

‘A disclosure pilot scheme (known as PD51U) operated in the Business and Property Courts (the “BPC”) in a number of courts including Leeds, Manchester, Newcastle, and London from 1st January 2019. Practice Direction 57A (“PD57A”) substantively reproduces PD51U and came into force on 1st October 2022.’

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Parklane Plowden Chambers, 27th March 2025

Source: www.parklaneplowden.co.uk

Clapham v Narga [2024]: the priorities of interstellar boundaries – Tanfield Chambers

Posted April 4th, 2025 in news by sally

‘Daniel Dovar considers the decision in Clapham v Narga and others [2024] EWCA Civ 1388 in which the Court of Appeal held that section 75 of the Land Registration Act 1925 did not apply where title to land had already been extinguished through adverse possession by the time it was first registered.’

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Tanfield Chambers, 2nd April 2025

Source: tanfieldchambers.co.uk

The painful reality of the Sara Sharif case – Pump Court Chambers

Posted April 4th, 2025 in news by sally

‘Catherine Gee discusses the issues raised by the Sara Sharif case and the decision to publish the names of the judges involved.’

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Pump Court Chambers, 26th March 2025

Source: www.pumpcourtchambers.com

Criminalizing Coercive Control: Cross-Jurisdictional Lessons – Statute Law Review

Posted April 4th, 2025 in news by sally

‘An increasing number of jurisdictions are introducing coercive control offences. It is therefore vital that the experiences of jurisdictions which have already enacted such legislation are examined in order to ascertain what lessons can be learnt. This paper seeks to analyse the coercive control provisions which have been enacted or drafted to date, and also to examine experiences of the implementation of such provisions. The article focuses in particular on the coercive control offence introduced in Northern Ireland under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. Being the final jurisdiction within the UK and Ireland to criminalize coercive control allowed Northern Ireland to ‘cherry pick’ aspects of the relevant provisions in the other jurisdictions, and Northern Ireland therefore exemplifies a jurisdiction which effectively took learnings from experiences elsewhere. In April 2024, a review of the implementation of Northern Ireland’s coercive control offence was published. The article examines the lessons which can be learnt from this review for other jurisdictions implementing coercive control offences.’

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Statute Law Review, 31st March 2025

Source: academic.oup.com

A Deep Dive into the Mental Health Bill 2024 – Autism and Learning Disability – Doughty Street Chambers

Posted April 4th, 2025 in news by sally

‘On 4 March 2025, Dr Oliver Lewis held the third seminar in Doughty Street Chambers’ series about the Mental Health Bill 2024 (‘the Bill’), as amended. His seminar was about how the Mental Health Act 1983 (‘MHA 1983’) affects people with autism and learning disabilities, and whether the Bill changes that.’

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Doughty Street Chambers, 27th March 2025

Source: insights.doughtystreet.co.uk

Looking forward to Awaab’s Law – Pump Court Chambers

Posted April 4th, 2025 in news by sally

‘The Housing Ombudsman has recently published a report entitled “Learning from: Severe Maladministration – Taking the key lessons from our severe maladministration decisions.” It is sobering and informative.’

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Pump Court Chambers, 27th March 2025

Source: www.pumpcourtchambers.com

High Court shows willingness to accept jurisdiction in absence of legal assistance access – OUT-LAW.com

Posted April 4th, 2025 in news by sally

‘A recent High Court of England and Wales ruling once again demonstrates the English courts’ willingness to accept jurisdiction in the face of arguments that a party would be unable to access appropriate legal assistance in their own countries, an expert has said.’

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OUT-LAW.com, 3rd April 2025

Source: www.pinsentmasons.com

First-tier Tribunal is “suitable alternative remedy” to judicial review in EHC plan dispute, High Court rules – Local Government Lawyer

Posted April 4th, 2025 in news by sally

‘The High Court has dismissed a judicial review application brought on behalf of a young person with complex needs over the lawfulness of an Education, Health and Care (EHC) Plan issued by the London Borough of Islington, after finding that the First-tier Tribunal is a “suitable alternative remedy”.’

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Local Government Lawyer, 3rd April 2025

Source: www.localgovernmentlawyer.co.uk

Motor finance commission in the Supreme Court – predicting the impact on credit brokers and other professionals – Gatehouse Chambers

Posted April 4th, 2025 in news by sally

‘Niels Bohr, the Nobel Prize-winning physicist, reportedly said: “Prediction is very difficult, especially about the future”. With that warning firmly in mind, this article comprises a (very cautious) look at what the future may hold for professionals in the context of commission payments, after the Supreme Court hears the linked appeals in Johnson v FirstRand in April of this year.’

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Gatehouse Chambers, 25th March 2025

Source: gatehouselaw.co.uk

Street preaching injunction application paused in face of challenge – Local Government Lawyer

Posted April 4th, 2025 in news by sally

‘The council issued its application for an injunction last month pursuant to section 22 of the Local Government Act 1972 and sections 1 and 2 of the Anti-social Behaviour Crime and Policing Act 2014.’

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Local Government Lawyer, 3rd April 2025

Source: www.localgovernmentlawyer.co.uk

Family unlawfully killed in head-on motorway crash – BBC News

Posted April 4th, 2025 in news by sally

‘Two children, their father and his partner were unlawfully killed when they crashed head-on with a car being driven the wrong way on a motorway by a suicidal man, a coroner has ruled.’

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BBC News, 3rd April 2025

Source: www.bbc.co.uk

Subsidies and the “proportionality” standard of review – UK-EU Relations

Posted April 4th, 2025 in news by sally

‘In this post, Luke Kelly and Michael Bowsher KC discuss the Court of Appeal’s judgment in R (British Gas Trading and E.ON) v Secretary of State for Energy Security and Net Zero [2025] EWCA Civ 209.’

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UK-EU Relations, 3rd April 2025

Source: eurelationslaw.com

Judges tell government not to extend whiplash tariff model – Legal Futures

Posted April 3rd, 2025 in news by sally

‘The senior judiciary has warned the government not to extend the whiplash tariff to larger or different types of claims, it emerged yesterday.’

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Legal Futures, 3rd April 2025

Source: www.legalfutures.co.uk

All change for nature recovery and habitats assessments? The Planning & Infrastructure Bill 2025 – Francis Taylor Building

Posted April 3rd, 2025 in news by sally

‘The provisions of the Planning & Infrastructure Bill (“the Bill”) relating to nature recovery represent some of the Government’s most ambitious planning reforms in the Bill.’

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Francis Taylor Building, 27th March 2025

Source: www.ftbchambers.co.uk

Court of Protection Case Review: Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2) – Article by Khadim Al’Hassan – Park Square Barristers

Posted April 3rd, 2025 in news by sally

‘This is an interesting Court of Protection case where the English Courts ruled that it retains jurisdiction even when an individual moves abroad.’

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Park Square Barristers, 18th March 2025

Source: www.parksquarebarristers.co.uk

Duty to determine state immunity of own motion applies to all courts and tribunals – Littleton Chambers

Posted April 3rd, 2025 in news by sally

‘The Supreme Court has recently handed down judgment in The Royal Embassy of Saudi Arabia (Cultural Bureau) (Appellant) v Costantine (Respondent) [2025] UKSC 9, providing authoritative guidance on:
1. The duty on courts and tribunals to determine the issue of State immunity of their own motion;
2. The test for determining State immunity in employment claims brought by a foreign State’s administrative and technical employees; and
3. The effect of the State Immunity Act 1978 (Remedial) Order (SI 2023/112).’

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Littleton Chambers, 25th March 2025

Source: littletonchambers.com

Pre-Sentence Reports for Specific Cohorts: A Move in the Right Direction? – Mountford Chambers

Posted April 3rd, 2025 in news by sally

‘In this article, Anna Wright discusses the recent debate on racial bias as a result of the updated guideline for the imposition of community and custodial sentences.’

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Mountford Chambers, 13th March 2025

Source: www.mountfordchambers.com

Moral panics and legal projects: echoes of Section 28 in United Kingdom transgender discourse and law reform – Gender and Justice

Posted April 3rd, 2025 in news by sally

‘A grounding in the queer history of the legal system in the United Kingdom reveals striking parallels between the moral panic leading to the enactment of Section 28 of the Local Government Act 1988, and the current moment’s discourse surrounding the inclusion of transgender people in social spaces and their potential right to self-identification of gender in law. Through use of moral panic theory, this article examines and contextualizes the historical forces at play in the formation of laws around queer and trans lives in the UK, and in particular the instrumentalization of fears over the safety of children and cisgender women. The article also provides a practical example of the influence of the trans moral panic on law reform, by evaluating the debate surrounding the Gender Recognition Reform (Scotland) Bill 2022. It concludes that there is no ‘gender crisis’ in the UK, but there are powerful social forces at work to stoke a moral panic and, in doing so, stigmatize and alienate trans people in a similar manner to the stigmatization of homosexuality as an illegitimate way of life under Section 28.’

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Gender and Justice, 4 March 2025

Source: doi.org

No More Naming and Shaming – Mountford Chambers

Posted April 3rd, 2025 in news by sally

‘Fatima Jama provides a synopsis of the Financial Conduct Authority’s decision to step back from proposed changes to its investigation disclosure policy.’

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Mountford Chambers, 18th March 2025

Source: www.mountfordchambers.com