‘Public Law Newsletter February 2024; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 19th February 2024
Source: www.spirebarristers.co.uk
‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’
Tanfield Chambers, 13th February 2024
Source: www.tanfieldchambers.co.uk
‘Family Law Newsletter – February 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’
Spire Barristers, 26th February 2024
Source: www.spirebarristers.co.uk
‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’
Tanfield Chambers, 22nd February 2024
Source: www.tanfieldchambers.co.uk
‘The Defendant was sentenced yesterday to 22 months immediate imprisonment in respect of a vast array of contempts of court, including dealing and dissipating assets in breach of a worldwide freezing order, providing inaccurate ancillary asset disclosure inflating his true asset position, providing false affidavit evidence seeking to justify dissipation, and 59 breaches of the standard form weekly living allowance.’
Wilberforce Chambers, 21st February 2024
Source: www.wilberforce.co.uk
‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’
Wilberforce Chambers, 22nd February 2024
Source: www.wilberforce.co.uk
‘In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is a video which engages with difficult matters.’
Mental Capacity Law and Policy, 29th February 2024
‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’
Pensions Barrister, 29th February 2024
Source: www.pensionsbarrister.com
‘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.’
Kingsley Napley Employment Law Blog, 12th February 2024
Source: www.kingsleynapley.co.uk
‘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.’
Pensions Barrister, 5th February 2024
Source: www.pensionsbarrister.com
‘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.’
Law Pod UK, 25th January 2024
Source: audioboom.com
‘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.’
Kingsley Napley Employment Law Blog, 23rd January 2024
Source: www.kingsleynapley.co.uk
‘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.’
Mills & Reeve, 24th January 2024
Source: www.mills-reeve.com
‘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”).’
Cloisters, 27th November 2024
Source: www.cloisters.com
‘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.’
2 Hare Court, 28th November 2023
Source: www.2harecourt.com
‘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.’
Atkin Chambers, 18th December 2023
Source: www.atkinchambers.com
‘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”.’
New Square Chambers, 8th December 2023
Source: www.newsquarechambers.co.uk
‘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).’
3 Hare Court, 10th November 2023
Source: www.3harecourt.com
‘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.’
2 Hare Court, 29th November 2023
Source: www.2harecourt.com
‘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.’
12 King's Bench Walk, 28th November 2023
Source: clinicalnegligence.blog
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