‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’
Local Government Lawyer, 10th November 2023
Source: www.localgovernmentlawyer.co.uk
‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’
Local Government Lawyer, 10th November 2023
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’
Legal Futures, 10th November 2023
Source: www.legalfutures.co.uk
‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’
Law Society's Gazette, 9th November 2023
Source: www.lawgazette.co.uk
‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’
The Independent, 10th November 2023
Source: www.independent.co.uk
‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’
The Guardian, 9th November 2023
Source: www.theguardian.com
‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’
Pallant Chambers, 13th October 2023
Source: www.pallantchambers.co.uk
‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’
Henderson Chambers, 5th October 2023
Source: www.hendersonchambers.co.uk
‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’
Local Government Lawyer, 8th November 2023
Source: www.localgovernmentlawyer.co.uk
‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’
Pallant Chambers, 14th October 2023
Source: www.pallantchambers.co.uk
‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’
Exchange Chambers, 31st October 2023
Source: www.exchangechambers.co.uk
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’
OUT-LAW.com, 8th November 2023
Source: www.pinsentmasons.com
‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’
The Guardian, 7th November 2023
Source: www.theguardian.com
‘This brief article considers the law on admissions made before the commencement of proceedings in the context of the recent revision of Part 14 of the CPR.’
St Philips Barristers, 24th October 2023
Source: st-philips.com
‘The family of Captain Sir Tom Moore have lost a planning application appeal for a spa complex in their garden and have been given three months to demolish the structure.’
The Guardian, 7th November 2023
Source: www.theguardian.com
‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’
Local Government Lawyer, 3rd November 2023
Source: www.localgovernmentlawyer.co.uk
‘Can a school be vicariously liable for abuse perpetrated against a pupil by an adult on work experience? The Court of Appeal addressed this question in the above case and, unusually, overturned some of the findings of fact of the trial judge.’
Law Society's Gazette, 1st November 2023
Source: www.lawgazette.co.uk
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