Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

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Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

Rap music used as evidence in scores of trials in England and Wales, study finds – The Guardian

‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’

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The Guardian, 30th April 2024

Source: www.theguardian.com

Pair jailed for neglect after boy’s window fall – BBC News

Posted May 1st, 2024 in child neglect, children, drug abuse, imprisonment, news, sentencing by sally

‘A man and woman have been jailed after a child they were looking after fell out of a window while they were under the influence of drugs.’

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BBC News, 30th April 2024

Source: www.bbc.co.uk

Sexual harassment in the workplace: employers, are you ready for the new rules? You have 6 months and counting… – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 30th, 2024 in chambers articles, employment, harassment, news by sally

‘On 26 October 2024, the new duty on employers, introduced by The Worker Protection (Amendment of Equality Act 2010) Act 2023 (‘Act’), to prevent sexual harassment of employees takes effect.’

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12 King’s Bench Walk Employment and Discrimination Blog, 8th April 2024

Source: 12kbwemploymentlaw.wordpress.com

Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog

Posted April 30th, 2024 in chambers articles, negligence, news, personal injuries, sport by sally

‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’

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12KBW Personal Injury Law Blog, 18th April 2024

Source: pilawblog.com

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

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Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

Irwin Mitchell Trust Corporation v PW – Hailsham Chambers

‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’

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Hailsham Chambers, 11th April2024

Source: www.hailshamchambers.com

Denial in the Nile: intention and contract formation – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, contracts, news, remuneration, shipping law by sally

‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’

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Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

Can workers be subjected to detriment for participating in lawful industrial action? The Supreme Court decision in Mercer – Guildhall Chambers

Posted April 30th, 2024 in chambers articles, human rights, industrial action, news by sally

‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’

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Guildhall Chambers, 24th April 2024

Source: www.guildhallchambers.co.uk

Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’

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Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers

‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’

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Doughty Street Chambers, 22nd March 2024

Source: insights.doughtystreet.co.uk

Restraint Orders: Is Complexity of Financial Structures an Indicator of Dishonesty? – Doughty Street Chambers

Posted April 30th, 2024 in chambers articles, corruption, fraud, money laundering, news, 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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Doughty Street Chambers, 22nd April 2024

Source: insights.doughtystreet.co.uk

Solicitors owed a duty to beneficiaries of an inter vivos trust: Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB) – Hailsham Chambers

Posted April 30th, 2024 in chambers articles, law firms, locus standi, negligence, news, striking out, trusts by sally

‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’

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Hailsham Chambers, 16th April 2024

Source: www.hailshamchambers.com

In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

Financial Fair Play in the Premier League – Everton and Nottingham Forest – 12 King’s Bench Walk

Posted April 30th, 2024 in chambers articles, financial regulation, news, sport by sally

‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’

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12 King's Bench Walk, 4th April 2024

Source: 12kbw.co.uk

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

AI and Climate Change – 39 Essex Chambers

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others) – Gatehouse Chambers

‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’

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Gatehouse Chambers, 19th April 2024

Source: gatehouselaw.co.uk

Everton’s Appeal Provides Sanction Guidance – 3 Hare Court

‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’

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3 Hare Court. 11th March 2024

Source: www.3harecourt.com

Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court

‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com