Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Derivative residence rights and the EU Settlement Scheme – Doughty Street Chambers

Posted September 5th, 2024 in brexit, carers, chambers articles, EC law, immigration, judicial review, news by sally

‘On 30 July 2024, the Court of Appeal refused the claimants permission to appeal against the judgment of Mr Justice Eyre R(Akinsanya and Aning-Adjei) v SSHD [2024] EWHC 469 (Admin). The Court’s decision closes a significant chapter in the long-running litigation on the route to settlement for Zambrano carers under the EU Settlement Scheme. This article is aimed at helping those affected and their advisers to understand the latest judgment and consider what if anything they can do next to hasten their path to settlement.’

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Doughty Street Chambers, 28th August 2024

Source: insights.doughtystreet.co.uk

Watchdog makes big cut to fraud compensation plans – BBC News

Posted September 5th, 2024 in banking, codes of practice, compensation, consumer protection, fraud, news by sally

‘The official payment watchdog has considerably scaled back proposed rules designed to force banks and payment companies to refund fraud victims.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

Assets in Limbo: Russia Sanctions and the Saga of Intestate Estate – Becket Chambers

Posted September 5th, 2024 in chambers articles, intestacy, news, Russia, sanctions by sally

‘In response to Russia’s annexation of Crimea and its activities in Ukraine, a series of complex sanctions were imposed by the European Union. These sanctions were codified in instruments such as the Russia (Sanctions) (EU Exit) Regulations 2019. The legal framework of these sanctions includes extensive provisions for asset freezing, prohibitions on financial transactions, and restrictions on access to international markets.’

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Becket Chambers, 1st August 2024

Source: becket-chambers.co.uk

Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947 – St Philips Barristers

Posted September 5th, 2024 in appeals, environmental protection, health & safety, news, sentencing by sally

‘On Friday 9 August 2024 the Court of Appeal released its judgment in the appeal of Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947. James Puzey appeared for the HSE with John Cooper KC and Elizabeth Boon for Exolum. The Company’s appeal against conviction was dismissed and its appeal against sentence was allowed. The Company operates the largest fuel pipeline network in the UK. On 9 March 2018 an underground, high pressure, fuel pipeline in Lincolnshire was suspected to be leaking petrol, albeit that was uncertain. The Company engaged a contractor and its own staff to investigate whether there was a leak. This was carried out by digging up the pipeline whilst it was still at high pressure and still pumping petrol.’

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St Philips Barristers, 14th August 2024

Source: st-philips.com

Virgin Media v NTL Pension Trustees II – Case Analysis by Henry Day – Radcliffe Chambers

Posted September 5th, 2024 in contracting out, news, pensions, regulations, statutory interpretation by sally

‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’

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Radcliffe Chambers, 19th August 2024

Source: radcliffechambers.com

Restraint Orders: Is Complexity of Financial Structures and Indicator of Dishonesty – Expert Witness Journal

Posted September 5th, 2024 in corruption, fraud, money laundering, news, proceeds of crime, restraint orders by sally

‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a “complex web”, “designed to obfuscate” or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’

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Expert Witness Journal, August 2024

Source: www.paperturn-view.com

Care worker jailed for neglecting patient who died – BBC News

Posted September 5th, 2024 in care workers, guilty pleas, news, sentencing, suicide, wilful neglect by sally

‘A healthcare assistant who did not check on a patient who took her own life has been jailed for negligence.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

Justice short changed – public funding of the justice system – The Bar Council

Posted September 5th, 2024 in budgets, civil justice, criminal justice, news, reports by sally

‘Public funding for justice is down by 22.4% in real per person terms since 2009/10, according to new analysis of government spending under the last government published by the Bar Council.’

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The Bar Council, 4th September 2024

Source: www.barcouncil.org.uk

The final Grenfell inquiry report and what it means for families – Politics Weekly UK – The Guardian

‘The 2017 Grenfell Tower fire in London was the result of ‘decades of failure’ by central government, the public inquiry into the catastrophe has found. The Guardian’s John Harris looks at the findings of the report with the social affairs leader writer Susanna Rustin. And, as Labour continues to warn ‘things will get worse before they get better’, we are joined by the economists James Meadway and Ann Pettifor to discuss whether a painful period of austerity-lite is the only way through the storm.’

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The Guardian, 5th September 2024

Source: www.theguardian.com

Grenfell Report: Key findings from the inquiry – BBC News

Posted September 5th, 2024 in bereavement, construction industry, fire, health & safety, inquiries, London, news, reports by sally

‘The Grenfell Inquiry’s final report sets out how a chain of failures across government and the private sector led to Grenfell Tower becoming a death trap.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

Water bosses could be jailed if they cover up sewage dumping under new law – The Guardian

Posted September 5th, 2024 in bills, fines, news, sentencing, sewerage, water, water companies by sally

‘Water bosses in England and Wales could be jailed for up to two years if they cover up sewage dumping, under legislation proposed by the Labour government.’

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The Guardian, 4th September 2024

Source: www.theguardian.com

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

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St Philips Barristers, 1st August 2024

Source: st-philips.com

The recent sentencing of climate protestors – Six Pump Court

‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’

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Six Pump Court, 9th August 2024

Source: 6pumpcourt.co.uk

Family Law Newsletter – August 2024 – Spire Barristers

Posted September 2nd, 2024 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter – August 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 19th August 2024

Source: www.spirebarristers.co.uk

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

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Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

‘People tend to think these battles have been won’: Next equal pay claimant on fight for recognition – The Guardian

‘During an average shift on the shop floor at Next, Helen Scarsbrook has to remain polite and keep smiling while she makes split-second judgments about which customers need help and which need to be tactfully discouraged from shoplifting and ushered out of the store.’

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The Guardian, 1st September 2024

Source: www.theguardian.com