What happens when a court order in private family law proceedings is breached? – Becket Chambers

‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’

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Becket Chambers, 10th December 2019

Source: becket-chambers.co.uk

‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph

Posted December 13th, 2019 in families, financial dispute resolution, news, wills by sally

‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’

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Daily Telegraph, 12th December 2019

Source: www.telegraph.co.uk

Connor Marsden jailed over Melissa Tate hit-and-run death – BBC News

‘An unlicensed driver who killed a 10-year-old girl in a hit-and-run has been jailed for seven years and four months.’

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BBC News, 12th December 2019

Source: www.bbc.co.uk

Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian

‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian

‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures

‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th December 2019

Source: www.legalfutures.co.uk

Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Islamist fighter’s wife Amaani Noor guilty of £34 terror donation – BBC News

Posted December 13th, 2019 in families, internet, Islam, marriage, married persons, news, terrorism by sally

‘A woman who married an Islamist fighter online has been convicted of funding terrorism.‎’

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BBC News, 12th December 2019

Source: www.bbc.co.uk

Man jailed for driving stolen car into police officers in Sussex – The Guardian

Posted December 13th, 2019 in accidents, aggravated vehicle taking, burglary, dangerous driving, news, sentencing by sally

‘A man who drove a stolen car into two police officers and a member of the public, causing “catastrophic injuries”, has been jailed for four years and eight months.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH

‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’

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5SAH, 9th December 2019

Source: www.5sah.co.uk

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

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Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

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Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Account freezing orders: at what cost? – Doughty Street Chambers

Posted December 10th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’

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Doughty Street Chambers, 10th December 2019

Source: insights.doughtystreet.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

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5SAH, December 2019

Source: 5sah.cmail19.com

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

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Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk