The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

‘I’m a Celebrity – Get Me a Confidentiality Clause!’ – No. 5 Chambers

Posted November 26th, 2019 in confidentiality, consent, divorce, media, news, non-disclosure agreements by sally

‘The national press has relished reporting the ongoing saga of Ant McPartlin’s divorce from his former wife, Lisa Armstrong. The public have been informed of the details regarding the extent of the couple’s wealth (reported to be around £62m), the amount the couple have spent on legal costs (reported to be £1.5m) and the latest offer made by Ant (reported to consist of a package which would leave Lisa with around £31m). Lisa denies that Ant has made such an offer but perhaps of most interest to divorce lawyers is the suggestion that whatever the true extent of Ant’s offer, Lisa is not prepared to sign a consent order due to Ant’s insistence that any such order should contain a non-disclosure agreement (N.D.A.)’

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No. 5 Chambers, 19th November 2019

Source: www.no5.com

The CumEx trading scandal: What are the implications for the UK? – 5SAH

Posted November 26th, 2019 in financial regulation, news, shareholders, tax avoidance, taxation by sally

‘“CumEx” is a controversial dividend arbitrage stock trading practice currently under investigation in several European jurisdictions with, to date, limited involvement from the UK authorities. It allegedly caused significant losses to various EU treasuries, which are currently engaged in civil proceedings, regulatory settlements and criminal proceedings, including against two former London traders who are currently on trial for tax fraud in Germany.’

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5SAH, 19th November 2019

Source: www.5sah.co.uk

‘What role do judges have in the fight against human trafficking?’ – Michelle Brewer delivers key note at OSCE International Conference – Garden Court Chambers

Posted November 26th, 2019 in judiciary, news, trafficking in human beings by sally

‘Michelle Brewer of Garden Court delivered the keynote address at the OSCE (Organisation for Security and Co-operation in Europe) international conference on ‘The Critical Role of the Judiciary in Combating Trafficking in Human Beings’.’

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Garden Court Chambers, 22nd November 2019

Source: www.gardencourtchambers.co.uk

Lorry driver pleads guilty over role in Essex deaths – The Guardian

Posted November 25th, 2019 in conspiracy, guilty pleas, homicide, immigration, news, trafficking in human beings by sally

‘A lorry driver charged with the manslaughter of 39 Vietnamese migrants found dead in a refrigerated trailer has pleaded guilty to plotting to assist illegal immigration.’

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The Guardian, 25th November 2019

Source: www.theguardian.com

SRA suspends immigration part of new rules – Legal Futures

Posted November 25th, 2019 in immigration, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has had to suspend rules due to come into force today that would allow solicitors to operate from firms regulated by the Office of the Immigration Services Commissioner (OISC).’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

British women ‘being forced into polygamous relationships’ because law lets them down, campaigners say – The Independent

Posted November 25th, 2019 in islamic law, marriage, married persons, news, women by sally

‘British women are increasingly being pressured into polygamous relationships or left without child support when relationships break up because UK law does not offer adequate protection to spouses in religious marriages, campaigners have warned.’

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The Independent, 25th November 2019

Source: www.independent.co.uk

Lady Hale predicts gender parity in judiciary by 2033 – The Guardian

Posted November 25th, 2019 in diversity, equality, judges, judiciary, news, remuneration, statistics by sally

‘Gender equality in the number of judges in England and Wales should be achieved by 2033 at the current rates of progress, according to Lady Hale, the president of the supreme court.’

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The Guardian, 23rd November 2019

Source: www.theguardian.com

Reach for the STaRs – new solicitors’ rulebook goes live – Legal Futures

‘The Solicitors Regulation Authority’s (SRA) new rulebook – Standards and Regulations (STaRs) – comes into force today, with experts highlighting several areas of significant change and opportunity for firms.’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

The President’s New Clothes – Transparency Project

Posted November 25th, 2019 in domestic violence, families, family courts, judges, media, news by sally

‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’

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Transparency Project, 23rd November 2019

Source: www.transparencyproject.org.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

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OUP Blog, 25th November 2019

Source: blog.oup.com

Jump in unrepresented defendants as legal aid cuts continue to bite – The Guardian

‘The number of unrepresented defendants in crown courts is rising sharply, the head of the Criminal Bar Association has warned, as cuts to legal aid increasingly affect the criminal justice system.’

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The Guardian, 24th November 2019

Source: www.theguardian.com

Legislating for a new framework – Law Society’s Gazette

Posted November 25th, 2019 in bills, brexit, climate change, environmental health, environmental protection, news by sally

‘On 15 October the Environment Bill was published. The first half of the bill was originally published in December 2018 as the Environmental (Principles and Governance) Bill.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Independent report into NMC’s handling of Morecambe Bay cases finds significant failings – 2 Hare Court

Posted November 20th, 2019 in birth, disciplinary procedures, hospitals, midwives, news, reports by sally

‘The Morecambe Bay Investigation (the Kirkup Report) was an inquiry into the deaths of mothers and babies at Furness General Hospital midwifery unit between 2004 and 2012. It found ten stillbirths, six neonatal deaths, and three maternal deaths were part of a pattern of failures in care at every level within the unit. There was an inability to confront the endemic poor practice that linked the incidents, and a defensive approach amongst the midwifery team. This pattern of failures was not identified or acted on for several years.’

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2 Hare Court, 15th November 2019

Source: www.2harecourt.com

“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

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Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com