sally – Page 617 – Current Awareness

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘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

Bart Casella writes about Unexplained Wealth Orders and changes to applications for Account Freezing Orders – 23 Essex Street

Posted November 7th, 2019 in accounts, HM Revenue & Customs, London, money laundering, news, unexplained wealth orders by sally

‘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

Ten years on: how has the Supreme Court fared? – Counsel

Posted November 7th, 2019 in appeals, brexit, constitutional law, judicial review, jurisdiction, news, parliament, prorogation, statutory interpretation, Supreme Court by sally

‘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

Joseph Hudson discusses Leeds United’s Kiko Casilla’s recent FA disciplinary charge – Park Square Barristers

Posted November 7th, 2019 in disciplinary procedures, news, professional conduct, racism, sport by sally

‘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

John Bowers QC’s Employment Law Blog: November – Littleton Chambers

Posted November 7th, 2019 in appeals, employment, employment tribunals, news, trade unions by sally

‘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

CVAs after the Debenhams decision – Falcon Chambers

Posted November 7th, 2019 in company law, debts, insolvency, landlord & tenant, news by sally

‘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 – 11 KBW

Posted November 7th, 2019 in codes of practice, elections, news, parliament by sally

‘“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

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘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

Media and Defamation Law – The Pupillage Podcast

Posted November 6th, 2019 in defamation, freedom of expression, injunctions, media, news, privacy by sally

‘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

The girl forced to wait two years for justice after a sexual assault – The Guardian

Posted November 6th, 2019 in children, delay, news, prosecutions, sexual offences, youth courts by sally

‘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

Christopher Gadd manslaughter trial: Driver guilty – BBC News

Posted November 6th, 2019 in homicide, news, road traffic offences, sentencing by sally

‘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

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘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

Court reforms may not be completed in time, PAC warns – Legal Futures

Posted November 6th, 2019 in accounts, courts, delay, HM Courts Service, news, reports, select committees by sally

‘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

‘Lady in the Lake’ murder: Gordon Park’s conviction ‘unsafe’ – BBC News

Posted November 6th, 2019 in appeals, Criminal Cases Review Commission, DNA, murder, news by sally

‘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

Exclusive: CMA ramps up pressure on Bar Standards Board – Legal Futures

Posted November 6th, 2019 in barristers, competition, internet, legal services, news by sally

‘The Competition and Markets Authority (CMA) has ramped up the pressure on the Bar Standards Board (BSB) over its decision to stop funding the cross-regulator Legal Choices website.’

Legal Futures, 6th November 2019

Source: www.legalfutures.co.uk

Man jailed for kicking seagull to death – The Independent

Posted November 6th, 2019 in animal cruelty, birds, guilty pleas, news, sentencing by sally

‘A man has been jailed for kicking and trampling a gull to death in the Welsh town of Tonypandy.’

The Independent, 5th November 2019

Source: www.independent.co.uk

Difficulties in recruiting to District Bench “to have adverse consequences” for civil, family jurisdictions: Lord Chief Justice – Local Government Lawyer

Posted November 6th, 2019 in civil justice, courts, families, news, reports by sally

‘The Lord Chief Justice has warned of “a very worrying shortfall” in the recruitment of salaried members to the District Bench this year, saying that it will have adverse consequences for the family and civil jurisdictions.’

Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

UK can’t rely on US platforms to regulate political ads, inquiry told – The Guardian

Posted November 6th, 2019 in advertising, inquiries, internet, news, political parties by sally

‘The UK cannot continue to rely on the goodwill of US digital platforms for regulating political adverts online, the chair of a parliamentary inquiry into democracy and digital campaigning has told the Advertising Standards Authority (ASA).’

The Guardian, 5th November 2019

Source: www.theguardian.com

Case Preview: WM Morrisons Supermarkets plc v Various Claimants – UKSC Blog

Posted November 6th, 2019 in computer crime, data protection, news, Supreme Court, vicarious liability by sally

‘On 6 and 7 November 2019, the Supreme Court will hear Morrison’s appeal from the ruling of the Court of Appeal, in a data breach claim brought by 5,500 employees. The claim raises important questions of employee liability for the actions of rogue employees. It is one of a series of large cases which are working their way through the Courts (including claims against Google and British Airways), which each illustrate the increasing risks businesses face from group claims/class actions, arising from data protection breaches.’

UKSC Blog, 5th November 2019

Source: ukscblog.com

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