Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, confiscation, news, proceeds of crime by sally

‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’

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5SAH, 8th March 2021

Source: www.5sah.co.uk

“You don’t have the votes!” – Tanveer Qureshi and Katharine Elliot – 4-5 Gray’s Inn Square

Posted April 9th, 2021 in chambers articles, elections, fraud, news, political parties by sally

‘Imagine. The UK May 2024 general election is finally drawing to a close. After months of campaigning, the votes are in and pundits are predicting a clear win for Party A. The leader of Party B is concerned the election was not fair and accusations of voter fraud and spoiled ballets begin to fly on social media and the national news. How will this be investigated? Will anyone be prosecuted? Could the election result really be overturned?’

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4-5 Gray's Inn Square, 4th March 2021

Source: www.4-5.co.uk

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’

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5SAH, 25th March 2021

Source: www.5sah.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

Posted April 9th, 2021 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘Details of the new SCT RTA Protocol[1] (‘the Protocol’) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (‘the Whiplash Regulations’) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, extradition, news by sally

‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or ‘surrender’ between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU ‘Specialised Committee on Law Enforcement and Judicial Cooperation’. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’

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5SAH, 10th March 2021

Source: www.5sah.co.uk

Disqualification undertakings and second chances—the correct approach to sections 8A and 17 of the Company Directors Disqualification Act 1986 (Ahmed v Secretary of State for Business, Enterprise and Industrial Strategy) – 4 New Square

‘Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation from drug and alcohol addiction did not amount to ‘special circumstances’ for the purposes of the court’s discretion to discharge a disqualification undertaking under section 8A of the Company Directors Disqualification Act 1986 (CDDA 1986). The decision provides important guidance on the relationship between CDDA 1986, ss 8A and 17, the latter under which a disqualified director can obtain permission to act.’

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4 New Square, 24th March 2021

Source: www.4newsquare.com

Cross – establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44 – 3PB

‘This Equal Pay claim has been ongoing for some time already (since 2016) and is set to continue for some time yet. In short, the Supreme Court’s Judgment handed down 3 days ago (26th March 2021) is focused upon a narrow point, which whilst of importance and interest to both parties and their advisors, in no sense has brought closure to these proceedings which are likely to continue to attract media attention as the layers of equal value litigation unfold.’

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3PB, 29th March 2021

Source: www.3pb.co.uk

R.I.P Gig Economy? – 4 King’s Bench Walk

‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’

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4 King's Bench Walk, 4th March 2021

Source: www.4kbw.co.uk

Protected acts: beware a cautious approach – 3PB

‘R indicated that it wanted to arrange a Christmas dinner, and proposed a date for it. No objections were raised. Hotels and planes were consequently booked. Thereafter C (and a co-worker) indicated that the planned date did not suit them. R considered the matter but declined to change the date, various arrangements having already been made.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Third Sector Protector – Kids Company Article – 3 Hare Court

Posted April 9th, 2021 in chambers articles, charities, company directors, news by sally

‘Kids Company was founded in 1996 by Camila Batmanghelidjh to support the most vulnerable children who fell through the cracks in mainstream services. Despite securing hundreds of millions of pounds in donations from celebrity donors and winning more than £42m in government grants, the ever-increasing demand for Kids Company’s services led to financial difficulties for the charity. It collapsed in 2015 in the wake of unfounded allegations of sexual abuse.’

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3 Hare Court, 8th April 2021

Source: www.3harecourt.com

Towuaghantse v GMC [2021] EWHC 681 (Admin) Coroner’s findings, independence of experts and registrant denials: this case is not one to put on the “read later” pile – 2 Hare Court

‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’

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2 Hare Court, 30th March 2021

Source: www.2harecourt.com

Brown Clee Hill: Moses Christensen jailed for walker’s murder – BBC News

Posted April 9th, 2021 in imprisonment, murder, news, offensive weapons, sentencing by sally

‘A man who murdered a walker in a random knife attack at a beauty spot has been jailed for at least 28 years.’

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BBC News, 8th April 2021

Source: www.bbc.co.uk

Asda staff win a major victory in their equal pay claim – Mills & Reeve

Posted April 8th, 2021 in contract of employment, equal pay, news, Supreme Court, women by sally

‘In a hotly anticipated decision at the Supreme Court last week, Asda supermarket staff won a major victory in their equal pay claim against Asda. Although the ruling does not mean the approximately 35,000 claimants have won the right to equal pay, the ruling does represent a big step forward and means their claim can continue.’

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Mills & Reeve, 6th April 2021

Source: www.mills-reeve.com

20-6 or 4-1: Council wins High Court battle over lease of stately home – Local Government Lawyer

Posted April 8th, 2021 in leases, local government, mesne profits, news by sally

‘A High Court judge has likened the result of a trial of a lease dispute involving Wigan Borough Council to the outcome of rugby league and soccer matches.’

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Local Government Lawyer, 7th April 2021

Source: www.localgovernmentlawyer.co.uk

Ep 139: Courts tussle with Uber, Ola and the Gig Economy – Law Pod UK

Posted April 8th, 2021 in holiday pay, minimum wage, news, podcasts, self-employment, taxis by sally

‘Alasdair Henderson of 1 Crown Office Row joins Rosalind English to discuss the recent ruling by the UK Supreme Court that drivers whose work is arranged through Uber’s smartphone app work for Uber under workers’ contracts and so qualify for the protections afforded by employment law, such as minimum wage and paid holiday leave.’

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Law Pod UK, 7th April 2021

Source: audioboom.com

Wellbeing a “global problem” with severe effects on some lawyers – Legal Futures

Posted April 8th, 2021 in coronavirus, health, legal profession, mental health, news by sally

‘Lawyer wellbeing is “a cause for global concern”, with levels of wellbeing below the average in every part of the globe, the first survey of its kind has found.’

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Legal Futures, 8th April 2021

Source: www.legalfutures.co.uk

Alison Chabloz jailed for anti-Semitic radio show comments – BBC News

Posted April 8th, 2021 in internet, Judaism, news, racism, sentencing, suspended sentences by sally

‘A blogger has been jailed after making anti-Semitic comments on a radio show.’

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BBC News, 7th April 2021

Source: www.bbc.co.uk

No TUPE protection for staff after firm’s owner made bankrupt – Legal Futures

‘There was no protection for staff under the TUPE after the sole owner of a law firm was made bankrupt and the practice taken over, the Employment Appeal Tribunal (EAT) has ruled.’

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Legal Futures, 8th April 2021

Source: www.legalfutures.co.uk

Vue admits health and safety charges over Star City cinema death – BBC News

Posted April 8th, 2021 in accidents, film industry, health & safety, inquests, news by sally

‘The Vue cinema chain has admitted two health and safety charges over the death of a man crushed under a motorised footrest.’

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BBC News, 7th April 2021

Source: www.bbc.co.uk

Procedural fairness: ECO must put suspicions of dishonesty to applicant before refusal says Court of Appeal – EIN Blog

Posted April 8th, 2021 in guilty pleas, immigration, judicial review, news, road traffic offences by sally

‘Following the approach in Balajigari v SSHD [2019] EWCA Civ 673 (discussed here), the Court of Appeal has held that it is arguable that procedural fairness required the entry clearance officer (ECO) to put suspicions of dishonesty to the entry clearance applicant, one Mr Wahid an advocate of the High Court of Sindh, and that UTJ Frances got it badly wrong by thinking that permission should be refused. In 2009, then 21 years old, Mr Wahid was convicted on his guilty plea entered at the first opportunity to a driving offence. He had permitted a friend to drive his car without a licence or insurance. He received a short driving ban and a fine and penalty, both of which were duly paid. He completed his LLB that year and then made an in-time application for further leave to remain as a student. He studied and completed his LLM in March 2011. He was then granted further leave as a student and was then granted a Tier 1 (PSW) migrant until 4 January 2014. While he was travelling from London to Pakistan in July 2012, security officers at Heathrow Airport found a blunt Spanish butterfly knife on a keychain in his bags which was a prohibited item. Security staff apologised when explaining to Mr Wahid that the police needed to be called as a matter of protocol. He was taken to a police station and interviewed. He was not charged. He said that he was informed that no further action would be taken.’

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EIN Blog, 7th April 2021

Source: www.ein.org.uk