Author: sally

An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

No tax relief on pension contributions paid in shares – Wilberforce Chambers

Posted May 29th, 2020 in income tax, news, pensions, shareholders by sally

‘In a decision which threatens to bring turmoil to vast number of SIPPs (self-invested personal pensions), the Upper Tribunal has decided in HMRC v Sippchoice Ltd [2020] UKUT 149 (TCC) (Roth J and Upper Tribunal Judge Greg Sinfield) that member contributions to registered pension schemes are only eligible for tax relief where they are paid in money. Where a member transfers shares to the scheme trustees no tax relief is available, even where done in satisfaction of a money debt, and notwithstanding the terms of HRMC’s own Pensions Tax Manual which appears to say the opposite.’

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Wilberforce Chambers, 18th May 2020

Source: www.wilberforce.co.uk

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

Robber who waged ‘campaign of burglary’ against wealthy homeowners jailed after £100k raid – Daily Telegraph

Posted May 29th, 2020 in burglary, news, sentencing by sally

‘ A millionaire’s fiancee was robbed of £100,000 worth of jewellery by a fake tradesman who waged a “campaign of burglary” against wealthy homeowners, a court heard.’

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Daily Telegraph, 28th May 2020

Source: www.telegraph.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

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Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

Posted May 29th, 2020 in appeals, coercive & controlling behaviour, diminished responsibility, domestic violence, forfeiture, homicide, miscarriage of justice, news, retrials by sally

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

Family of Harry Dunn to bring private prosecution against Dominic Raab – The Guardian

Posted May 29th, 2020 in bereavement, dangerous driving, diplomats, immunity, ministers' powers and duties, news, private prosecutions by sally

‘The family of Harry Dunn, the 19-year-old killed on 27 August last year after being hit by a car driven by the wife of a US intelligence officer, intends to bring a private criminal prosecution against the foreign secretary, Dominic Raab, the Guardian has learned.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

Most online grooming offences in UK committed on Facebook-owned apps – The Guardian

Posted May 29th, 2020 in child abuse, internet, news, sexual grooming, sexual offences, statistics by sally

‘More than half of online grooming offences recorded under a law that made it illegal to send sexual messages to children were committed on Facebook-owned apps, figures reveal.’

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The Guardian, 29th May 2020

Source: www.theguardian.com

The challenges ahead for online courts – Hardwicke Chambers

Posted May 28th, 2020 in news by sally

‘Andy Creer discusses changes to the way advocacy is delivered during the COVID-19 crisis and the new skills future barristers will require.’

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Hardwicke Chambers, 14th May 2020

Source: hardwicke.co.uk

London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Ronan Cormacain: Instinct or rules: making moral decisions in the Cummings scandal – UK Constitutional Law Association

Posted May 28th, 2020 in civil servants, coronavirus, news, rule of law by sally

‘How should individuals conduct themselves during a public health emergency, and more specifically how much reliance should we have on “instinct” and “rules”? Dominic Cummings, the Prime Minister’s chief adviser, has been accused of breaking the social distancing rules. The allegations revolve around travelling from London to Durham to isolate himself and his family, as well as taking additional trips whilst in that isolation. The specific law he is alleged to have breached is regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Regulation 6(1) provides that “During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.” In the course of defending his adviser, the Prime Minister argued that “he followed the instincts of every father” in seeking to protect his family. In response, Independent journalist Tom Peck stated that; “There is no guidance in place anymore, none at all. Just do what Dominic Cummings did and ‘follow your instincts’ and you’ll end up in the right place”.’

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UK Constitutional Law Association, 28th May 2020

Source: ukconstitutionallaw.org

Housing lawyers group hits out at plans for resumed possession hearings in London – Local Government Lawyer

Posted May 28th, 2020 in consultations, coronavirus, courts, housing, landlord & tenant, local government, news, repossession by sally

‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

Posted May 28th, 2020 in appeals, chambers articles, constructive dismissal, employment, employment tribunals, news, unfair dismissal by sally

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

Posted May 28th, 2020 in appeals, coronavirus, housing, local government, news, practice directions, repossession by sally

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Why British Troops Must Not Be Placed Above The Law – Each Other

Posted May 28th, 2020 in armed forces, bills, news, time limits, torture, war crimes by sally

‘The outbreak of Covid-19 has demonstrated how quickly our established ideas and normalised ways of thinking can be changed. Work that was called ‘low-skilled’ is now recognised as ‘essential’, the nation has hailed nurses as ‘heroes’, and face masks are a part of routine life.’

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Each Other, 22nd May 2020

Source: eachother.org.uk

When 52 is also 51 because 55. – Nearly Legal

Posted May 28th, 2020 in appeals, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

29,000 claims a year despite 50 years since Equal Pay Act – The Guardian

Posted May 28th, 2020 in employment, employment tribunals, equality, news, remuneration, sex discrimination, statistics, women by sally

‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

Posted May 28th, 2020 in bigamy, coronavirus, divorce, families, family courts, foreign jurisdictions, marriage, news, remote hearings by sally

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk