‘Almost half of rape victims are dropping out of investigations, as a growing proportion do not want to pursue a prosecution even when a suspect has been identified, according to a Cabinet Office report leaked to the Guardian.’
The Guardian, 10th November 2019
Source: www.theguardian.com
‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’
Park Square Barristers, 31st October 2019
Source: www.parksquarebarristers.co.uk
‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’
Drystone Chambers, October 2019
Source: drystone.com
‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’
Six Pump Court, 6th November 2019
Source: www.6pumpcourt.co.uk
‘There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets Europe Ltd [2019] UKSC 50, handed down on 30 October 2019, the Supreme Court has upheld the existence of a bank’s Quincecare duty of care, even where the instructions which resulted in a claimant company being defrauded was given by that company’s sole director and controlling mind, and have also finally laying to rest the much criticised case of Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39; [2009] 1 AC 1391 that had been used to attribute the fraud of a director of a one-man company to the company itself.’
39 Essex Chambers, 31st October 2019
Source: www.39essex.com
‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’
Drystone Chambers, October 2019
Source: drystone.com
‘Before UWOs came into force on 31 January 2018, I provided seminars to solicitors on the potentially far reaching effects that the orders could have, including on mortgagees and trustees of property held by individuals who qualified for an order or in relation to enforcement by HMRC in respect of inappropriate tax planning. The reality is that the investigating authorities in the UK have thus far concentrated on the ‘low hanging fruit’.’
23 Essex Street, 4th November 2019
Source: www.23es.com
‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’
Counsel, November 2019
Source: www.counselmagazine.co.uk
‘LUFC goalkeeper Kiko Casilla is alleged to have racially abused Charlton Athletic forward Jonathan Leko during the Championship match between Charlton and Leeds on 28 September 2019.’
Park Square Barristers, 6th November 2019
Source: www.parksquarebarristers.co.uk
‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’
Littleton Chambers, 4th November 2019
Source: www.littletonchambers.com
‘In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.’
Falcon Chambers, 31st October 2019
Source: www.falcon-chambers.com
‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’
11 KBW, 7th November 2019
Source: www.11kbw.com
‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’
4 New Square, 29th October 2019
Source: www.4newsquare.com
‘The recent announcement by the Duke and Duchess of Sussex — aka Harry and Meghan — that they are planning to sue Associated Newspapers after the Mail on Sunday published a private letter from Meghan to her father, has put the spotlight on media and defamation law – the topic of this episode of the pupillage podcast. We hear about celebrities and super injunctions, but also learn that nothing is beyond the reach of this fascinating area of law, from anti-semitism, to medical research, to the parish newsletter. If you’re interested in the conflict between free speech and privacy, and in truth and opinion then this episode is for you.’
The Pupillage Podcast, October 2019
Source: soundcloud.com
‘Lawyers say cuts to police and the CPS mean long delays in youth courts are no longer unusual.’
The Guardian, 5th November 2019
Source: www.theguardian.com
‘A learner driver accused of killing a man following an argument in a car park has been found guilty of manslaughter.’
BBC News, 5th November 2019
Source: www.bbc.co.uk
‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’
Local Government Lawyer, 5th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The government’s court modernisation programme may not be completed by the deadline of 2023, the House of Commons public accounts committee (PAC) has warned in its latest report on the project.’
- Legal Futures, 6th November 2019
Source: www.legalfutures.co.uk
‘The conviction of the so-called “Lady in the Lake” murderer was unsafe, the Court of Appeal has been told.’
BBC News, 5th November 2019
Source: www.bbc.co.uk
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