The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers

Posted May 26th, 2020 in appeals, chambers articles, contracts, indemnities, interpretation, news by sally

‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’

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Hardwicke Chambers, 13th May 2020

Source: hardwicke.co.uk

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Ivory ban upheld by Court of Appeal – UK Human Rights Blog

‘The overarching complaint was that the evidence base was insufficient. The appellant’s criticisms of Jay J’s analysis can be summarised as follows:

(i) wrongful use of the precautionary principle and the acceptance of inadequate evidence to support the bans;

(ii) failure to take account of the failings in the Impact Assessment which preceded the Bill and the according of too much deference to Parliament; and

(iii) violation of the principle of respect for property and the wrongful failure to require a right to compensation.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

High Court rules on the effect of confidentiality clause in a settlement agreement – St Ives Chambers

Posted May 18th, 2020 in appeals, chambers articles, confidentiality, contracts, damages, employment, news by sally

‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’

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St Ives Chambers, 14th May 2020

Source: www.stiveschambers.co.uk

Business transactions, beneficial title and resulting trusts: the meaning of “payment” within the unauthorised payments charge regime – Wilberforce Chambers

Posted May 18th, 2020 in appeals, chambers articles, news, pensions, taxation by sally

‘In the recent Court of Appeal (“CA”) decision of Clark v HMRC [2020] EWCA Civ 204 (“Clark”) the Court gave valuable guidance as to the meaning of “payment” for the purpose of the imposition of the tax charge on unauthorised member payments from registered pension schemes under sections 208-210 of the Finance Act 2004 (“FA 2004”).’

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Wilberforce Chambers, 11th May 2020

Source: www.wilberforce.co.uk

Inconsistent sentencing of Defendants in cases where sexual activity against children does not actually take place – Park Square Barristers

‘This comment focuses upon two recent Court of Appeal judgments:

R v Privett [2020] EWCA Crim 557 (“Privett”); and R v Manning [2020] EWCA Crim 592 (“Manning”).’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Covid-19 and Suspended Sentences – A Court of Appeal Judgment: R v Christopher Manning [2020] EWCA Crim 592 – St Philips Barristers

‘While the Lord Chief Justice and the Lord Chancellor have announced that jury trials will commence this month, we are far from the pandemic’s conclusion. This fear is felt all the more by defendants facing sentencing hearings. Regardless of whether an offence was committed prior to the crisis, or in the currency, it does not change the new threat that an immediate custodial sentence brings – one of health.’

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St Philips Barristers, 13th May 2020

Source: st-philips.com

Reilly v Secretary of State for Education – Blackstone Chambers

‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’

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Blackstone Chambers, 13th May 2020

Source: www.blackstonechambers.com

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Mayor of London loses statutory challenge over permission for substantial development at top private school – Local Government Lawyer

Posted May 15th, 2020 in appeals, local government, London, news, planning by sally

‘The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.’

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Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Gerry Adams wins appeal against Maze Prison escape convictions – BBC News

‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog

‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’

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UK Human Rights Blog, 12th May 2020

Source: ukhumanrightsblog.com

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk