Foreign statutory schemes – can they register as a registered pension scheme? – Wilberforce Chambers

Posted December 4th, 2019 in EC law, income tax, news, pensions by sally

‘The regime for registered pension schemes, which was first established with effect from A-Day (6 April 2006), is renowned for a number of things. One of those things is the expansion of the categories of person who can establish a pension scheme. However, as a recent case shows, the legislation contains anomalies.’

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Wilberforce Chambers, 24th November 2019

Source: www.wilberforce.co.uk

There’s ADR…and Then There’s ADR: It’s Not All the Same – Hardwicke Chambers

Posted December 4th, 2019 in consent, dispute resolution, families, news by sally

‘In this case, an application under the Inheritance (Provision for Family & Dependants) Act 1975, the Defendant refused consent to an Early Neutral Evaluation (‘ENE’) hearing. By an order dated 20 May 2019, Parker J therefore declined to order one, on the basis that the court did not have power to do so in such circumstances where consent to an ENE hearing is withheld by one of the parties.’

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Hardwicke Chambers, 27th November 2019

Source: hardwicke.co.uk

Domestic Abuse Perpetrator Programme & Practice Direction 12J – Article by Christopher Ferguson – Park Square Barristers

Posted December 4th, 2019 in domestic violence, news, rehabilitation by sally

‘Recently I have been involved in some cases where an abusive father has been referred to the DAPP (or the Domestic Violence Perpetrator Programme, as it used to be known). This can surely be an important feature in the programme of potential progress for a family where a father has been found to pose the sort of risk envisaged by paragraphs 32 – 37 of PD 12J.’

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Park Square Barristers, 4th December 2019

Source: www.parksquarebarristers.co.uk

Siblings in care proceedings – Parklane Plowden Chambers

Posted December 4th, 2019 in care orders, children, families, news by sally

‘‘I’d like a sibling assessment too, please’ are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved. On the extensive list of parenting assessments, viability and kinship assessments, expert assessment and so forth, the sibling assessment is often the bottom of the priorities.’

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Parklane Plowden Chambers, 2nd December 2019

Source: www.parklaneplowden.co.uk

What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

Third party harassment – 3PB

Posted December 4th, 2019 in employment tribunals, harassment, news, race discrimination, third parties by sally

‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Consent and expediency: binding non-signatories to international arbitration agreements – Six Pump Court

Posted December 4th, 2019 in arbitration, consent, enforcement, international law, news by sally

‘The issue of whether non-signatories to arbitration agreements can nevertheless be bound by such agreements is one of increasing importance as recourse to arbitration grows. The traditional limits of arbitration as defined by consent have come under increasing pressure given the enthusiasm for arbitration as the preferred means of dispute resolution in the context of international agreements.’

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Six Pump Court, 2nd December 2019

Source: www.6pumpcourt.co.uk

Perspective: being a Muslim woman at the Bar – No. 5 Chambers

Posted December 4th, 2019 in barristers, Islam, news, women by sally

‘As the Bar Council marks 100 years since the Sex Disqualification (Removal) Act 1919, which first allowed women to practise as lawyers, Nabila Mallick of No5 Barrister’s Chambers, speaks about her experience as a Muslim woman at the Bar.’

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No. 5 Chambers, 28th November 2019

Source: www.no5.com

Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers

Posted December 4th, 2019 in choice of forum, conspiracy, jurisdiction, news by sally

‘On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2019] 2 WLR 1051.’

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Inquest concludes serious failures contributed to self-inflicted death of Beth Tenquist – Garden Court Chambers

Posted December 4th, 2019 in hospitals, inquests, mental health, news, suicide by sally

‘Following an Inquest lasting 10 days, a jury returned a damning narrative in respect of Sussex NHS Trust and Mill View Psychiatric Hospital, setting out a catalogue of failings by the Trust.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk

Some Further Thoughts on Pre-Nuptial Agreements – Becket Chambers

Posted December 4th, 2019 in news, prenuptial agreements by sally

‘Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as an exploitation of a dominant position to secure an unfair advantage, to what extent can those factors combine with each other and with other factors that might diminish a Radmacher “appreciation of the implications” of the agreement, so that a case that might be weak on one point is nonetheless strong overall?’

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Becket Chambers, 28th November 2019

Source: becket-chambers.co.uk

“The BANGER extension” – Church Court Chambers

Posted December 4th, 2019 in citizenship, EC law, immigration, married persons, news, treaties by sally

‘Islam Khan explores what the “BANGER” extension establishes and how it affects the current “Surinder Singh” principle.’

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Church Court Chambers, 2nd December 2019

Source: churchcourtchambers.co.uk

Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Sentencing Guidelines – Devon Chambers

Posted December 2nd, 2019 in news, sentencing by sally

‘Sixteen years ago, we knew nothing of sentencing guidelines. As practitioners we would browse through Current Sentencing Practice (Thomas) to try to find a similar case to the one we were dealing with in the hope of persuading the judge to our way of thinking.’

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Devon Chambers, November 2019

Source: www.devonchambers.co.uk

Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction) – 1 GC: Family Law

Posted December 2nd, 2019 in child abduction, conflict of laws, jurisdiction, news, treaties by sally

‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’

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1 GC: Family Law, 21st November 2019

Source: 1gc.com

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants – Local Government Lawyer

‘Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Levitt v Euro Building & Maintenance Contractors Limited (1) Dual Oliva Limited (2) [2019] EWHC 2926 (QB) – 12 King’s Bench Walk

‘A claim relating to an unlawful trespass to the Claimant’s person that occurred on 26 October 2014. During the course of their work, three sub-contractors engaged on a construction site by First Defendant, namely the Claimant, Kieran Fowler and Alan Fowler, became involved in an argument concerning their work. The incident started as verbal argument on a scaffold and culminated a few minutes later (off the scaffold) with Kieran Fowler striking the Claimant violently over the head with a scaffolding pole. As a result, the Claimant sustained a right-sided subdural haemorrhage, a subarachnoid haemorrhage, and extensive skull fractures. Following the incident Kieran Fowler was convicted of causing Grievous Bodily Harm and sentenced to 12 years in prison. The Claimant’s case was that the First Defendant were vicariously liable for the actions of Kieran Fowler. The Second Defendant was the insurer of the First Defendant.’

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12 King's Bench Walk, 20th November 2019

Source: www.12kbw.co.uk

Alleged tout given suspended sentence over sale of Wimbledon tickets – The Guardian

Posted December 2nd, 2019 in consumer protection, contempt of court, news, sentencing, suspended sentences by sally

‘An alleged tout who said he would rather go to prison than “grass up” his boss, who prosecutors claim is a reality TV star, has been handed a six-month suspended prison sentence over the sale of Wimbledon tickets.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Welsh council defeats appeal by dog breeder over refusal to renew licence – Local Government Lawyer

Posted December 2nd, 2019 in appeals, dogs, licensing, local government, news, Wales by sally

‘A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk