‘In this edition of the Professional Discipline & Regulatory Team quarterly bulletin, Carolina Cabral discusses the need for expert evidence where matters are of common sense(pp.2-4) and Divya Puri helpfully reminds us of the process and procedure to be undertaken when applying for a High Court extension to an interim order (pp.5-7) We also include our usual brief summary of some recent cases.’
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23 Essex Street, 2nd August 2021
Source: www.23es.com
‘Where a creditors’ winding up petition is presented and the petitioner seeks a winding up order under section 122(1)(f) of the Insolvency Act 1986, and the debtor/respondent company does not resist or its points of defence/opposition prove unmeritorious, the petitioner will be entitled to a winding up order as of right (in Latin, ex debito justitiae). However, this “as of right” entitlement only relates to the relationship between the petitioner and the debtor/respondent (‘debtor’). Where the debtor has only one creditor, i.e. the petitioning creditor, there will be no other, wider interests, to consider (leaving aside the rare intrusion of contributories’ interests). However, where the debtor has other creditors, those other creditors may wish[5] for their voices to be heard as to whether the Companies Court should, under section 125 of the Insolvency Act 1986: (i) make the winding up order; (ii) dismiss the petition; or (iii) make some other order, for instance, to adjourn/stay the winding up petition pending some other event (e.g. a vote on an creditors voluntary arrangement proposal).’
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33 Bedford Row, 1st August 2021
Source: www.33bedfordrow.co.uk
‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’
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Devereux Chambers, 3rd August 2021
Source: www.devereuxchambers.co.uk
‘This series of short articles reflects on some matters that may arise in relation to a public inquiry (or inquiries) into the government’s response to the COVID-19 pandemic, set to be launched in Spring 2022. While little is publicly known about the details of the inquiry, these articles consider the relevant legislative framework and some possible questions of scope, structure and participation.’
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Doughty Street Chambers, 2nd August 2021
Source: insights.doughtystreet.co.uk
‘More than twenty years on from the publication of the Macpherson report that followed the Inquiry into the racist murder of Stephen Lawrence, the Committee has found that there are still serious and deep rooted racial disparities, and that neither police forces nor governments have taken race equality seriously enough for too long.’
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Garden Court Chambers, 30th July 2021
Source: www.gardencourtchambers.co.uk
‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’
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Wilberforce Chambers, 5th August 2021
Source: www.wilberforce.co.uk
‘Almost 400 solicitors and barristers have signed an open letter to HM Courts & Tribunals Service, refusing to attend a ‘single court listing outside of regular court hours’. The Ministry of Justice responded today by denying the existence of any plan for weekend sittings.’
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Law Society's Gazette, 5th August 2021
Source: www.lawgazette.co.uk
JUSTICE is seeking a new lawyer to join our team. This provides an exciting opportunity for practising lawyers with a strong research background or academic lawyers keen to engage in high-level policy and law reform work. We are looking for a lawyer interested in public and administrative justice, as well as in cross-cutting issues affecting the functioning of the justice system (our recent cross-cutting projects have included work on inquests and inquiries, judicial diversity, the way courts are configured and combatting digital exclusion as courts go online).
The successful candidate will be appointed to a full-time post on a one-year contract, with the likelihood of extension to a permanent basis. The charity operates out of our London Office, but we value and encourage flexible working practices with most staff choosing to work remotely for half of the working week. As well as flexible working our staff enjoy 27 days annual leave pro rata (plus the week between Christmas and the New Year), 8% employer pension contribution (rising to 10.5% after two years), access to an Employee Assistance Programme and a meditation package.
We recruit bright, motivated people who are passionate about system change in the promotion of access to justice and in the fair administration of justice. The successful candidate must be able to work independently and as part of a team. With excellent interpersonal skills, they will be able to work closely with JUSTICE members, who include senior figures in the legal profession. The post holder will work with our Acting Legal Director to develop our public and administrative justice work stream and assist on system-wide proposals for change.
To apply, please send the completed application form with a covering letter to jobs@justice.org.uk. CVs alone will not be considered.
‘Pret, McColls and Welcome Break are among almost 200 firms “named and shamed” by the government for not paying workers the minimum wage.’
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BBC News, 5th August 2021
Source: www.bbc.co.uk
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
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UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
‘Customers of doorstep lender Provident Financial can claim compensation for mis-sold loans after the High Court backed a partial repayment scheme.’
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BBC News, 4th August 2021
Source: www.bbc.co.uk
‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’
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Local Government Lawyer, 5th August 2021
Source: www.localgovernmentlawyer.co.uk
‘An Instagram post by TV star Lauren Goodger has been banned because she didn’t clearly mark it as an advert.’
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BBC News, 4th August 2021
Source: www.bbc.co.uk
‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’
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Legal Futures, 5th August 2021
Source: www.legalfutures.co.uk
‘A man has been jailed for killing his three-month-old daughter who died after suffering catastrophic injuries.’
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BBC News, 4th August 2021
Source: www.bbc.co.uk
‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’
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Local Government Lawyer, 4th August 2021
Source: www.localgovernmentlawyer.co.uk
‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’
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The Guardian, 4th August 2021
Source: www.theguardian.com
‘According to the office of national statistics, sole proprietor businesses and partnerships are decreasing and the use of private limited companies is increasing. 72.5% of total UK businesses are either private or public limited companies – London remains the region with the largest number of such businesses with 19.2% of the UK total.’
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Bloomsbury Professional Law Online Blog, 4th August 2021
Source: law.bloomsburyprofessional.com
‘The bar disciplinary tribunal has rejected calls for more lenient sanctions against barristers who commit sexual misconduct, saying that public trust in the profession must be maintained.’
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Law Society's Gazette, 4th August 2021
Source: www.lawgazette.co.uk
‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’
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UKSC Blog, 4th August 2021
Source: ukscblog.com
