Court of Appeal tells parties: Don’t ignore our suggestion to mediate – Litigation Futures

Posted June 1st, 2021 in appeals, contracts, dispute resolution, news by sally

‘The Court of Appeal has criticised the failure of parties to heed its “strong” encouragement to resolve their dispute by mediation.’

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Litigation Futures, 28th May 2021

Source: www.litigationfutures.com

Social media and the law: Could your next tweet get you in trouble? – BBC News

Posted June 1st, 2021 in defamation, internet, malicious communications, news by sally

‘Some people use Twitter to live tweet Love Island. Others use it to complain that their Deliveroo order arrived cold.’

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BBC News, 29th May 2021

Source: www.bbc.co.uk

“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures

Posted June 1st, 2021 in electronic filing, news, personal injuries, road traffic, small claims by sally

‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’

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Legal Futures, 1st June 2021

Source: www.legalfutures.co.uk

Eviction ban: A million are in fear of losing their homes, charity says – BBC News

Posted June 1st, 2021 in coronavirus, news, rent, repossession, stay of proceedings by sally

‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’

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BBC News, 31st May 2021

Source: www.bbc.co.uk

Refugee women and children ‘at risk of being abandoned’ in Home Office policy shift – The Guardian

Posted June 1st, 2021 in children, immigration, news, refugees, women by sally

‘Thousands of women and child refugees will be abandoned if the government’s New Plan for Immigration goes ahead, according to research.’

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The Guardian, 1st June 2021

Source: www.theguardian.com

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

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Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

The COVID Inquiry … About Time? – Carmelite Chambers

Posted May 26th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘Facing mounting pressure from a number of critics that his delays in implementing lockdowns [the first being imposed in March 2020] cost thousands of lives, the Prime Minister, Rt Hon Boris Johnson MP, on 12th May 2021 announced plans for a public inquiry into the government’s handling of the Covid pandemic, under the powers of the Inquiries Act 2005. It is due to commence in the Spring of 2022. Its terms of reference will not be announced until closer to its start.’

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Carmelite Chambers, 18th May 2021

Source: www.carmelitechambers.co.uk

Concussion lawsuits could threaten sports’ viability, warns minister – The Guardian

Posted May 26th, 2021 in compensation, damages, health & safety, news, personal injuries, sport by sally

‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Maidenhead far-right ‘extremist’ jailed for terrorism offences – BBC News

Posted May 26th, 2021 in imprisonment, news, sentencing, terrorism by sally

‘A “right-wing extremist” has been jailed for possessing manuals on knife fighting and making explosives.’

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BBC News, 25th May 2021

Source: www.bbc.co.uk

‘Time to buy’ bitcoin adverts banned in UK for being irresponsible – The Guardian

Posted May 26th, 2021 in advertising, banking, complaints, cryptocurrencies, news, ombudsmen by sally

‘An ad campaign telling the public that “it’s time to buy” bitcoin has been banned after the advertising watchdog ruled that it was irresponsible and misleading.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

Option for online exams to become permanent, SRA decides – Legal Futures

‘Emergency measures allowing legal practice course (LPC) students to take their exams at home during the pandemic are to become permanent where there is a “clear rationale” to do so, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

Deleted police records were on outdated 1970s IT system – BBC News

‘Urgent reforms are needed after thousands of crime records were wrongly deleted from an outdated IT system developed in the 1970s, a report says.’

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BBC News, 24th May 2021

Source: www.bbc.co.uk

GCHQ’s mass data interception violated right to privacy, court rules – The Guardian

‘The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

Court of Appeal allows appeal against order removing new-born baby after mother with learning difficulties not given opportunity to put her point of view – Local Government Lawyer

‘The Court of Appeal has allowed an appeal against an order for the separation of a new-born child from his mother, who has learning difficulties.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Article 2 inquest not required where police failures had already been fully investigated – UK Police Law Blog

Posted May 25th, 2021 in complaints, human rights, inquests, news, police, stalking by sally

‘In R (Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581, the High Court has summarised the scope of the requirements under article 2 of the European Convention of Human Rights (ECHR) for an effective investigation into alleged failures of the police to protect life. The question arose where a coroner had refused to re-open the inquest into the murder of a woman by her former partner after the police had mishandled her complaints of stalking. While the criminal trial by itself had not satisfied the article 2 investigative obligation, it had been met by the combination of the criminal trial and the four subsequent investigations of police conduct.’

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UK Police Law Blog, 24th May 2021

Source: ukpolicelawblog.com

Food brands challenge deforestation rules in UK environment bill – The Guardian

Posted May 25th, 2021 in bills, environmental protection, fines, food, international trade, news, trees by sally

‘Trade associations representing leading food suppliers have questioned the need for new regulations to protect forests overseas, which will come before parliament in the environment bill on Wednesday.’

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The Guardian, 25th May 2021

Source: www.theguardian.com