Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

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New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Jeremy Lewis on NHS Applicant Whistleblowers: wider implications and mis-steps en route – Littleton Chambers

Posted April 6th, 2017 in consultations, disclosure, employment, health, news, regulations, whistleblowers by sally

‘On 20 March 2017 the Government published draft Regulations with a view to providing whistleblowing protection to applicants for NHS employment [1]. A consultation has been launched. Some two years after the publication of the report by Sir Robert Francis QC into whistleblowing in NHS, Freedom to Speak Up, the draft Regulations aim to implement the recommendation that consideration be given to outlawing discrimination against whistleblowers in recruitment by NHS employers. (Legislation giving power to make these regulations – s.49B of the Employment Rights Act 1996 – has been on the statute book since 6 May 2015).’

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Littleton Chambers, 21st March 2017

Source: www.littletonchambers.com

CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers

Posted April 6th, 2017 in appeals, competition, consumer protection, damages, news by sally

‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’

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Blackstone Chambers, 6th April 2017

Source: www.blackstonechambers.com

The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

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Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

New guideline published on sentence reduction for early plea – Henderson Chambers

Posted April 6th, 2017 in consultations, guilty pleas, news, sentencing by sally

‘After lengthy consultation last year the Sentencing Council has published its new guideline on the stages and levels of reduction for a guilty plea.’

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Henderson Chambers, 23rd March 2017

Source: www.hendersonchambers.co.uk

Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

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Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers

Posted April 6th, 2017 in confiscation, enforcement, news by sally

‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’

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Drystone Chambers, 5th April 2017

Source: www.drystone.com

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

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Cloisters, 30th March 2017

Source: www.cloisters.com

No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

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Cloisters, 24th March 2017

Source: www.cloisters.com

Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

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Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

No “reason why”: Essop and Naeem in the Supreme Court – Cloisters

‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’

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Cloisters, 5th April 2017

Source: www.cloisters.com

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Safeguarding in Sport – Blackstone Chambers

Posted April 6th, 2017 in child abuse, children, criminal records, news, sport, vetting by sally

‘This paper is the first in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

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Blackstone Chambers, 5th April

Source: www.sportslawbulletin.org

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

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Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Sheffield CC v Oliver – Arden Chambers

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

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Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

Primeview Developments Ltd v Ahmed – Arden Chambers

‘The Upper Tribunal (Lands Chamber) has held that it is was not unreasonable conduct for the purposes of r.13(1)(b), Tribunal Procedure Rules, for a landlord to seek to rely on an agreement that service charges were payable, even if that agreement was subsequently determined to be void. Nor did the landlord’s failure to mediate amount to unreasonable conduct in circumstances where the prospects of a reaching an agreement were slight and the costs of mediation likely to be disproportionate. It also held that orders pursuant to s.20C, Landlord and Tenant Act 1985, should not treat participating leaseholders differently from one another on the basis of their involvement in proceedings. The focus should be on the landlord’s degree of success regardless of each individual leaseholder’s involvement.’

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Arden Chambers, 3rd March 2017

Source: www.ardenchambers.com

Islington LBC v Dyer – Arden Chambers

Posted April 6th, 2017 in appeals, documents, local government, news, notification, repossession by sally

‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’

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Arden Chambers, 22nd March 2017

Source: www.ardenchambers.com

The Supreme Court makes Indirect Discrimination simple again – 11 KBW

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

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11 KBW, 5th April 2017

Source: www.11kbw.com

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

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4 KBW, 30th March 2017

Source: www.4kbw.net