‘Fears have been raised that plans to release prisoners on short sentences up to two months early leave victims of domestic abuse at grave risk.’
The Independent, 12th March 2024
Source: www.independent.co.uk
As interest rates continue to rise, the impact of recent world events such as Covid, Brexit and the war in Ukraine continue to bite and confirmation last week that the UK has entered a recession, businesses and individuals continue to feel the cost-of-living squeeze. This has had an impact on not only performing obligations under finance agreements, whether they are “regulated” under the Consumer Credit Act 1974 (“CCA”) or “unregulated”, but also the ability of borrowers to obtain further finance to repay and restructure existing borrowing.
Park Square Barristers, 20th February 2024
Source: www.parksquarebarristers.co.uk
‘Sir Andrew McFarlane (President of the Family division) has handed down a very helpful and hotly anticipated judgment regarding the approach the court should adopt when it has directed a QLR be appointed for a party but no QLR has been found. Sir Andrew McFarlane took the opportunity to provide this judgment following a substantive judgment given at the conclusion of a fact-finding hearing.’
Parklane Plowden Chambers, 19th February 2024
Source: www.parklaneplowden.co.uk
‘A new law will be introduced on Wednesday to clear the names of the hundreds of sub-postmasters wrongly convicted in the Post Office scandal.’
BBC News, 13th March 2024
Source: www.bbc.co.uk
‘This paper examines how English courts have responded to the contract problems generated by the Covid-19 pandemic and considers what this tells us about future contract law development. In relation to consumers, the case law on pandemic-affected contracts, though limited, indicates that traditional contract doctrine does not necessarily produce beneficial outcomes for consumers. This further diminishes the importance of the common law in the consumer contracting context. In the commercial sector, contracting parties were encouraged by government and other organisations to co-operate with one another and act in good faith during the crisis, but this has not influenced the courts applying contract law in the pandemic aftermath. The emerging case law suggests that contract law has retained its commitment to certainty, freedom of contract and sanctity of contract, notwithstanding the extraordinary circumstances around the outbreak and its unpredictable effects on contracts. The unalloyed application of formal contract law in the post-pandemic case law augments the position of relational norms as extra-contractual in English law, putting the further judicial development of relational contract principles in doubt. The paper concludes that despite the considerable social and economic upheaval caused by the pandemic, its impact on contract law development is likely to be minimal.’
Legal Studies, 8th February 2024
Source: www.cambridge.org
‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’
Parklane Plowden Chambers, 12th February 2024
Source: www.parklaneplowden.co.uk
‘Civil servants have threatened ministers with legal action over concerns that senior Home Office staff could be in breach of international law if they implement the government’s Rwanda deportation bill.’
The Guardian, 12th March 2024
Source: www.theguardian.com
‘The former senior partner of a Norfolk law firm, jailed for four years last September for fraud, has failed in his appeal against sentence.’
Legal Futures, 13th March 2024
Source: www.legalfutures.co.uk
‘A man who murdered his friend and cut up his body with power tools has been jailed for a minimum of 20 years.’
BBC News, 12th March 2024
Source: www.bbc.co.uk
‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’
Parklane Plowden Chambers, 6th February 2024
Source: www.parklaneplowden.co.uk
‘Our argument here is that there are lessons for general trusts law reform from recent jurisprudence on ‘statutory trusts’. By ‘statutory trusts’, we mean trusts that are provided for by statutes in specific contexts, where the idea, or ideal, of the institution of the private trust is adopted and adapted by the legislature for certain purposes. But exactly which incidents of the traditional private trust at common law (the ‘common law trust’) are recognised may still need to be determined. We also consider authorities where it has been argued unsuccessfully that a legislative framework, while not expressly invoking a ‘trust’, nonetheless gives rise to a statutory trust.’
King's Law Journal, 5 March 2024
Source: www.tandfonline.com
‘Calculating statutory holiday entitlements and pay has been an area of legal uncertainty, causing practical challenges for employers, for many years now. The Government has tried to resolve some of these with new legislation and provisions to update the law on holiday pay and calculation that came into force on 1 January 2024. It has also issued non-statutory guidance on the changes and separate non-statutory guidance on holiday entitlement generally which seeks to explain, in simple terms, workers’ entitlement to annual leave and pay.’
Kingsley Napley Employment Law Blog, 7th March 2024
Source: www.kingsleynapley.co.uk
A “sadistic” man who filmed the brutal torture, mutilation and killing of dozens of wild animals has been jailed.
BBC News, 7th March 2024
Source: www.bbc.co.uk
‘A Black man has been acquitted of hate crime charges after sending a raccoon emoji to a prospective Conservative MP on social media in a case that fuelled mounting concerns that anti-racist legislation is now being weaponised against ethnic minority groups.’
The Independent, 8th March 2024
Source: www.independent.co.uk
‘A project highlighting the toll and tragedy of violence against women in the UK.’
The Guardian, 8th March 2024
Source: www.theguardian.com
‘The Government’s proposed Building Safety Levy could damage the delivery through section 106 agreements of affordable housing and infrastructure, and leave homeowners and councils footing the bill for building defects.’
Local Government Lawyer, 8th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Three teenagers have been found guilty of killing a 16-year-old boy with a zombie knife at a house party.’
BBC News, 7th March 2024
Source: www.bbc.co.uk
‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’
Parklane Plowden Chambers, 27th February 2024
Source: www.parklaneplowden.co.uk
‘To enter the UK as a “partner” under Appendix FM to the Immigration Rules (“FM” being short for “Family Member”), there are three possible ways to qualify as a “partner”. First, as a “spouse”. Second, as a “civil partner”. Third, as an “unmarried partner”.’
Richmond Chambers, 28th February 2024
Source: immigrationbarrister.co.uk
‘On 29th November a jury sitting at Stafford Crown Court (Calver J) acquitted the defendant of unlawful act manslaughter and convicted him of gross negligence manslaughter.’
St Pauls Chambers, 28th February 2024
Source: www.stpaulschambers.com
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