Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog

Posted February 14th, 2024 in banking, chambers articles, employment, insurance, news by sally

‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’

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Kingsley Napley Employment Law Blog, 12th February 2024

Source: www.kingsleynapley.co.uk

Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd – Pensions Barrister

Posted February 7th, 2024 in chambers articles, news, pensions by sally

‘Edward Sawyer has written a casenote on the recent Newell decision, which provides a fresh insight into the effect of Courage provisos on the conversion of DB benefits to DC.’

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Pensions Barrister, 5th February 2024

Source: www.pensionsbarrister.com

Scope of duty since Khan v Meadows – Law Pod UK

‘Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since.’

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Law Pod UK, 25th January 2024

Source: audioboom.com

New year, same ethnicity pay gap concerns – still no mandatory reporting – Kingsley Napley Employment Law Blog

‘After five years of consultation, last year the government confirmed there are no plans to make ethnicity pay gap reporting mandatory for employers. The ethnicity pay gap being the difference between the average earnings of white employees and those of other ethnic groups.’

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Kingsley Napley Employment Law Blog, 23rd January 2024

Source: www.kingsleynapley.co.uk

Inheritance tax and the acceptance in lieu scheme – Mills & Reeve

Posted January 24th, 2024 in chambers articles, HM Revenue & Customs, inheritance tax, news, taxation by sally

‘A 500-year-old miniature Italian Renaissance bronze was recently donated to the Fitzwilliam Museum in Cambridge under the acceptance in lieu scheme – saving the family £10.5 million in inheritance tax. This unique donation is an excellent reminder of HMRC’s acceptance in lieu scheme and how beneficial it can be in inheritance tax mitigation.’

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Mills & Reeve, 24th January 2024

Source: www.mills-reeve.com

A blow – possibly fatal – to the IWGB’s quest for union recognition with Deliveroo – Cloisters

‘On 21 November 2023, the Supreme Court handed down its long-awaited judgment in the Deliveroo case, dismissing the appeal of the IWGB trade union. The Court confirmed that the union is not entitled to apply for statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) because its members, Deliveroo’s delivery riders (“the Riders”), are not workers within the autonomous concept under article 11 of the European Convention on Human Rights (“ECHR”).’

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Cloisters, 27th November 2024

Source: www.cloisters.com

The Online Safety Bill: A clean bill of health? – 2 Hare Court

Posted January 10th, 2024 in bills, chambers articles, internet, malicious communications, news, sport by sally

‘The Online Safety Bill received Royal Assent on 26 October 2023, becoming the Online Safety Act (“the Act”). Its aim is to deliver on the government’s commitment to “make the UK the safest place to be online”, by imposing statutory duties on social media companies and search engines[1] (“service providers”) to ensure that they implement measures to protect individuals from illegal and harmful content online.’

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2 Hare Court, 28th November 2023

Source: www.2harecourt.com

Hitting the high spots: 2023 in construction law – Atkin Chambers

Posted January 4th, 2024 in building law, chambers articles, construction industry, news by sally

‘In an article published today by Building Magazine, Rupert Choat KC looks at the legal highlights of 2023 in construction law, which include a case on a high-up viewing platform and a new regime for high-rise residences.’

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Atkin Chambers, 18th December 2023

Source: www.atkinchambers.com

Jus Spatiandi after Dewhurst v Hodge – New Square Chambers

Posted January 4th, 2024 in chambers articles, news, prescription, rights of way by sally

‘This case involved the registration of a prescriptive right way to a residential property. The right of way sought to be registered was described in box 9 of the ST4 accompanying the AP1 application form dated 22nd May 2020 as:
“A right of way by foot in the field immediately to the south-east of the boundary of WA452860 being part of CYM717554 as marked in green on the attached plan marked as PLAN 3”.’

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New Square Chambers, 8th December 2023

Source: www.newsquarechambers.co.uk

Personal Injury: In the face of uncertainty – 3 Hare Court

Posted January 4th, 2024 in chambers articles, compensation, news, personal injuries by sally

‘In Mathieu v Hinds [2022] EWHC 924, [2022] All ER (D) 66 (Apr) the High Court (Hill J) considered the vexed question of the appropriate method of assessing future loss of earnings where the loss is subject to multiple uncertain contingencies. The case reflects a developing trend of moving away from broad-brush lump-sum ‘Blamire awards’ towards assessment on the more conventional multiplier/multiplicand approach (the multiplier approach).’

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3 Hare Court, 10th November 2023

Source: www.3harecourt.com

Prison Overcrowding: A review of recent court of appeal cases, past and future legislative changes – 2 Hare Court

Posted January 4th, 2024 in chambers articles, news, prisons, sentencing, statistics by sally

‘The number of people currently held in prison in England and Wales is at record levels. On 19 October 2023, according to figures released by the Ministry of Justice, 88,225 people were held in the prison estate.’

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2 Hare Court, 29th November 2023

Source: www.2harecourt.com

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

Fathers Without PR – Where Do They Stand? Re S (A Child) [2023] Civ 706 – Pump Court Chambers

Posted January 3rd, 2024 in appeals, chambers articles, children, families, news, parental responsibility by sally

‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’

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Pump Court Chambers, 3rd November 2023

Source: www.pumpcourtchambers.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Get Up to Speed – What You Need to Know in Summary About the Upcoming Amendments to the Equality Act 2010 – Pump Court Chambers

Posted January 3rd, 2024 in brexit, chambers articles, EC law, equality, news by sally

‘The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023.’

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Pump Court Chambers, 10th November 2023

Source: www.pumpcourtchambers.com

A New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm) – International & Travel Law Blog

Posted January 3rd, 2024 in airlines, chambers articles, compensation, holidays, news by sally

‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’

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International & Travel Law Blog, 2nd November 2023

Source: internationalandtravellawblog.com

The Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors – International & Travel Law Blog

‘Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in Mann and this post is written by Jessica Muurman.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Deterrence and sanctions in licensing – 11KBW

Posted December 21st, 2023 in chambers articles, licensed premises, licensing, news by sally

‘A licensing sub-committee considering an application for review of a premises licence under the Licensing Act 2003 is given a wide discretion, from taking no action to revoking the licence. As is well known, in exercising its discretion, it must take the steps which it considers appropriate for the promotion of the licensing objectives. The question for consideration in this article is whether and, if so the extent to which, it may use its powers to impose a sanction or take into consideration a need for deterrence.’

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11KBW, November 2023

Source: www.11kbw.com