Author: sally

The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH

Posted February 26th, 2020 in appeals, chambers articles, fraud, married persons, news, proceeds of crime, unexplained wealth orders by sally

‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’

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5 SAH, 25th February 2020

Source: www.5sah.co.uk

DWP ordered to pay former trainee £400k over racism and ageism – The Guardian

Posted February 26th, 2020 in age discrimination, employment, government departments, harassment, news, professional conduct, race discrimination, racism, unfair dismissal by sally

‘A woman is to receive nearly £400,000 from the Department for Work and Pensions after a judge ruled that her colleagues there had deliberately created a “hostile environment” of racism and ageism that forced her out of work.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Appellant fails in challenge to closure order barring him from accessing his flat – Local Government Lawyer

Posted February 26th, 2020 in appeals, drug offences, drug trafficking, housing, local government, news by sally

‘An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.’

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Local Government Lawyer, 26th February 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Arkin cap is not a binding rule – Litigation Futures

Posted February 26th, 2020 in appeals, costs, news, third parties by sally

‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

Civil Justice Council proposes rule changes to ensure consideration of vulnerability of people in civil proceedings – Local Government Lawyer

Posted February 26th, 2020 in civil justice, codes of practice, compensation, courts, Ministry of Justice, news, sexual offences, victims, witnesses by sally

‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

British citizen children and entry clearance – Richmond Chambers

Posted February 26th, 2020 in chambers articles, children, citizenship, deportation, immigration, news by sally

‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’

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Richmond Chambers, 21st February 2020

Source: immigrationbarrister.co.uk

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

Posted February 26th, 2020 in chambers articles, costs, doctors, expert witnesses, hospitals, mental health, negligence, news, third parties by sally

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers

Posted February 26th, 2020 in chambers articles, housing, landlord & tenant, news, rent, repossession by sally

‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’

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St Ives Chambers, 20th February 2020

Source: www.stiveschambers.co.uk

Brian Christopher Jones: The Widely Ignored and Underdeveloped Problem with Judicial Power – UK Constitutional Law Association

Posted February 26th, 2020 in constitutional law, judges, judiciary, news, professional conduct by sally

‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’

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UK Constitutional Law Association, 25th February 2020

Source: ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com

Artist felt indeterminate jail term was like death sentence, inquest told – The Guardian

Posted February 26th, 2020 in imprisonment, inquests, mental health, news, sentencing by sally

‘An artist who died in a private prison told members of her family the indeterminate term she was serving was “like a death sentence”, a jury has heard.’

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The Guardian, 24th February 2020

Source: www.theguardian.com

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

Posted February 26th, 2020 in appeals, chambers articles, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Rebecca Hill examines the key legal themes in Extradition Proceedings from 2019 – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, news by sally

‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’

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5 SAH, 21st February 2020

Source: www.5sah.co.uk

Peer calls for regulation overhaul as CMA plans review – Legal Futures

Posted February 26th, 2020 in competition, legal profession, legal services, Ministry of Justice, news, solicitors by sally

‘A solicitor peer has urged the Ministry of Justice (MoJ) to act now and simplify the legal regulatory regime, saying nothing will change if it is left to the profession.’

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Legal Futures, 26th February 2020

Source: www.legalfutures.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

Posted February 26th, 2020 in costs, disability discrimination, disabled persons, equality, judicial review, local government, news by sally

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

“The Magnitsky Act – What Now for the Future in the UK” An Article by Lesley Manley – Church Court Chambers

Posted February 26th, 2020 in chambers articles, human rights, money laundering, news by sally

‘The “Magnitsky Act” is a trailblazing piece of legislation enacted by the United States. Lesley Manley looks at developments thus far in the UK and considers how the UK jurisdictions will proceed following the withdrawal from the European Union.’

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Church Court Chambers, 26th February 2020

Source: churchcourtchambers.co.uk

Developments since Keyworker Homes – Exchange Chambers

Posted February 26th, 2020 in administrators, chambers articles, electronic filing, insolvency, news by sally

‘In a judgment which disagreed with the recently reported decisions of Re Skeggs Beef Limited[2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found:

1) Notices of Intention to Appoint Administrators (“NOI”) can be filed at any time via e-filing and take effect at the time they are filed via e-filing.
2) Directors or the Company can make out of hours appointments of Administrators by filing a Notice of Appointment (“NOA”) at any time via e-filing. The appointment will take effect at the time the documents are filed via e-filing.
3) That for the purposes of the computation of the period of 10 business days pursuant to para 28(2) of Sch.B1 of the Insolvency Act 1986, the first business day will be the business day after the date on which the NOI was filed – thus it is a ‘clear days’ calculation.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

Posted February 26th, 2020 in consent, domestic violence, families, family courts, judges, judiciary, news, rape, sexual offences by sally

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, damages, harassment, housing, landlord & tenant, news, repossession by sally

‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’

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Garden Court Chambers, 25th February 2020

Source: www.gardencourtchambers.co.uk