Tax Evasion Offences – Where Are We, A Year On? – Drystone Chambers

Posted August 9th, 2018 in news, tax evasion by sally

‘As part of the numerous reforms that the Criminal Finance Act introduced, there were two new offences created in 2017. This article will discuss where we are now; over fourteen months after the offences were brought into force. The offences were introduced as a reaction (some might say knee-jerk reaction), to the Panama papers controversy; and as such, new offences of corporate facilitation of domestic tax evasion and failure to prevent facilitation of foreign tax evasion were included in the Act. The aim is to target the facilitators and enablers of tax evasion, although this does not seem to have been put into action.’

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Drystone Chambers, July 2018

Source: drystone.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Extensions of Moratorium Periods and How it Can Be Challenged – Drystone Chambers

Posted August 9th, 2018 in freezing injunctions, news, proceeds of crime, time limits by sally

‘The NCA now have the power to extend the moratorium period on Suspected Activity Reports (SAR) by 31 days, up to a total of 186 days. This is due to the amendment of the Proceeds of Crime Act 2002 (‘the Act’), by the Criminal Finance Act 2017. It is usually clear to an interested party when this is happening, due to delay from the banks in releasing their money. The banks cannot confirm this due to the tipping off provisions.’

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Drystone Chambers, July 2018

Source: drystone.com

Asset Seizures – An Overview of the New POCA Powers Brought in Under Criminal Finance Act 2017 – Drystone Chambers

Posted August 9th, 2018 in forfeiture, news, proceeds of crime by sally

‘The last tranche of the Criminal Finance Act 2017 (‘CFA’) was enacted on the 17th of April 2018, which put in place the laws in relation to the forfeiture of movable property. For the ease of purpose, I have called this asset seizure, to bring it into its rightful place along with account and cash seizures.’

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Drystone Chambers, July 2018

Source: drystone.com

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

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Drystone Chambers, July 2018

Source: drystone.com

Learn for Free: Law Courses & Lectures Online

Posted August 9th, 2018 in legal education, news by sally

We have curated a list of over 250 free legal education resources, including MOOCs, courseware, lecture collections and podcasts, covering a range of topics and jurisdictions.

We are still adding to this list. If you have any suggestions for inclusion please contact smclaren@innertemple.org.uk

Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers

Posted August 7th, 2018 in homelessness, housing, local government, news by sally

‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’

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Arden Chambers, 12th July 2018

Source: www.ardenchambers.com

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters

Posted August 7th, 2018 in care workers, mental health, minimum wage, news by sally

‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’

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Cloisters, 13th July 2018

Source: www.cloisters.com

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants? – Employment and Discrimination Blog

Posted August 7th, 2018 in benefits, housing, landlord & tenant, news by sally

‘Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants).’

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Employment and Discrimination Blog, 25th July 2018

Source: employmentblog.practicallaw.com

Gender recognition and trans equality – Counsel

Posted August 7th, 2018 in equality, gender, news, transgender persons by sally

‘With trans headlines constantly in the news, Claire McCann examines the law on trans rights and the dangers of misinformed debate.’

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Counsel, August 2018

Source: www.counselmagazine.co.uk

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’

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Hailsham Chambers, 18th July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer

Posted August 7th, 2018 in boundaries, judicial review, local government, news by sally

‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’

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Local Government Lawyer, 7th August 2018

Source: www.localgovernmentlawyer.co.uk

‘Same-roof’ rule in criminal injuries compensation – Law Society’s Gazette

Posted August 7th, 2018 in child abuse, criminal injuries compensation, domestic violence, news by sally

‘JT was born in 1963. She was the victim of repeated sexual assaults by her stepfather between the ages of 5 and 17 and made an application to the Criminal Injuries Compensation Authority following his conviction in 2012.’

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

Leave.EU parts ways with Mishcon de Reya amid legal challenge – The Guardian

Posted August 7th, 2018 in elections, expenses, law firms, legal representation, news, referendums by sally

‘The elite London law firm Mishcon de Reya and Arron Banks’ pro-Brexit Leave.EU campaign have parted ways in the midst of Leave.EU’s legal challenge to a ruling it broke electoral law, the Guardian has learned.’

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The Guardian, 7th August 2018

Source: www.theguardian.com

High Court judge quashes decision by council to cut SEND budget by £5m – Local Government Lawyer

Posted August 7th, 2018 in budgets, local government, news, special educational needs by sally

‘A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Final Presidential words on transparency – Transparency Project

Posted August 7th, 2018 in family courts, judges, news, private hearings, reporting restrictions by sally

‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’

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Transparency Project, 6th August 2018

Source: www.transparencyproject.org.uk

Fire safety duties for insolvency practitioners – OUT-LAW.com

Posted August 7th, 2018 in fire, health & safety, insolvency, news by sally

‘When a business goes into insolvency, insolvency practitioners may become responsible for fire safety. Those responsibilities will change if the Hackitt Review’s post-Grenfell recommendations are implemented, particularly if the insolvency involves buildings where people sleep.’

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OUT-LAW.com, 7th August 2018

Source: www.out-law.com

High Court hosts new mega-money Russian dispute – Law Society’s Gazette

Posted August 7th, 2018 in choice of forum, freezing injunctions, news, Russia by sally

‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’

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Law Society's Gazette, 7th August 2018

Source: www.lawgazette.co.uk

UK human rights panel to investigate police use of child spies – The Guardian

Posted August 7th, 2018 in children, intelligence services, news, police, select committees, spying by sally

‘Parliament’s joint committee on human rights has been asked to investigate the use of child spies by the police and security services, after peers discovered powers covering the practice hidden in obscure secondary legislation.’

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The Guardian, 7th August 2018

Source: www.theguardian.com