School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

Posted January 22nd, 2021 in news by sally

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

Full Story

Monckton Chambers, 13th January 2021

Source: www.monckton.com

Not all breaches lead to loss – a cautionary tale – Littleton Chambers

Posted January 22nd, 2021 in news by sally

‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’

Full Story

Littleton Chambers, 18th January 2021

Source: littletonchambers.com

EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in news by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding Staid aid.’

Full Story

EU Relations Law, 21st January 2021

Source: eurelationslaw.com

Religion, looked-after children and “best interests”: Salford CC – Law & Religion UK

Posted January 22nd, 2021 in news by sally

‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’

Full Story

Law & Religion UK, 22nd January 2021

Source: lawandreligionuk.com

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

Posted January 22nd, 2021 in news by sally

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

Full Story

Littleton Chambers, 14th January 2021

Source: littletonchambers.com

Very Late Applications for Expert Reports: The Key is ‘Significance’ – Ropewalk Chambers

Posted January 22nd, 2021 in news by sally

‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’

Full Story

Ropewalk Chambers, 14th January 2021

Source: www.ropewalk.co.uk

Male barrister fined for smacking female colleague on backside – Legal Futures

Posted January 22nd, 2021 in news by sally

‘A male barrister who told a junior female colleague that “I really wanted to smack your arse” – and then did so – has been reprimanded and fined £6,000 by a Bar disciplinary tribunal.’

Full Story

Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Supplying the answer: when are statefunded services “supply of services for consideration” for VAT purposes? – Monckton Chambers

Posted January 22nd, 2021 in news by sally

‘In this case note, Jack Williams of Monckton Chambers analyses the recent decision of the Upper Tribunal in Colchester Institute Corporation v HMRC [2020] UKUT 0368 (“Colchester”). In summary, in overturning the First Tier Tribunal’s decision, the Upper Tribunal held that state-funding did have a sufficient link to the provision of education and vocational training provided by a college to constitute supply of services for consideration and economic activity. Nevertheless, HMRC was entitled to set-off input tax to reduce the taxpayer’s repayment claim. The implications of the case are likely to be profound: many businesses – educational and otherwise – supplying services that are funded by state agencies are now likely to argue that their provision of services does, in fact, constitute the supply of services for consideration and economic activity. That being so, there would be no need to account for output tax on those services and any accounted for with HMRC may be recoverable.’

Full Story

Monckton Chambers, January 2021

Source: www.monckton.com

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in news by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

Full Story

No. 5 Chambers, 21st January 2021

Source: www.no5.com

Proof, expert evidence and credibility in trafficking cases – EIN Blog

Posted January 22nd, 2021 in news by sally

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

Full Story

EIN Blog, 21st January 2021

Source: www.ein.org.uk

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

Posted January 22nd, 2021 in news by sally

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

Full Story

Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

“Wrongful Life” Revisited – UK Human Rights Blog

Posted January 22nd, 2021 in news by sally

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

Full Story

UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in news by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

Full Story

No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

Posted January 22nd, 2021 in news by sally

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

Full Story

Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

Posted January 22nd, 2021 in news by sally

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

Full Story

Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

Full Story

Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

FCA v Arch Insurance (UK) Ltd and others – St John’s Chambers

Posted January 22nd, 2021 in news by sally

‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’

Full Story

St John's Chambers, 21st January 2021

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted January 22nd, 2021 in news by sally

‘Issue #42 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

Full Story

Spire Barristers, 15th January 2021

Source: spirebarristers.co.uk

Time to act: the UK Trust Register and the Fifth Money Laundering Directive – Wilberforce Chambers

Posted January 22nd, 2021 in news by sally

‘HMRC’s registration requirements for trusts may not have been the focus of many practitioners’ attention during 2020, but the 31 January deadline for Trusts Registration Service notifications is likely to focus minds not just on annual compliance requirements, but also on the myriad of changes that have taken place over the past year.’

Full Story

Wilberforce Chambers, 19th January 2021

Source: www.wilberforce.co.uk

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in news by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

Full Story

Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk