‘The lawyer who represented the defendant in what became the first conviction for ‘failure to prevent bribery’ has said it is ‘unfortunate’ that a deferred prosecution agreement (DPA) was not offered and that a larger company may have been given more preferential treatment.’
Law Society's Gazette, 11th December 2018
Source: www.lawgazette.co.uk
‘Imagine a company has been dishonestly asset-stripped by one of its directors. The assets have gone into his own pocket. The company is wound up. The shareholders and creditors have little hope of recovering much from it. The obvious next step is to pursue the director. But the shareholders cannot recover the loss in value of their shareholding against him; that claim is barred by the rule against reflective loss. Is a claim by an unsecured creditor who is not a shareholder similarly barred? In Garcia v Marex Financial Limited [2018] EWCA Civ 1468, the Court of Appeal held that it was.’
Henderson Chambers, 6th December 2018
Source: www.hendersonchambers.co.uk
‘The Home Office has been inviting Zimbabwean government representatives to interview asylum seekers who have fled political persecution in the country, in what has been branded a “corrupt” exercise.’
The Independent, 12th December 2018
Source: www.independent.co.uk
‘On 27 July 2018, the High Court handed down judgment in the case of Ubbi v Ubbi [2018] EWHC 1396 (Ch). The judgment explored reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 in the context of minor children and serves as a necessary reminder to all to update your will.’
Hardwicke Chambers, 14th November 2018
Source: hardwicke.co.uk
‘There are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”.’
Hardwicke Chambers, 7th November 2018
Source: hardwicke.co.uk
‘Small business owners polled for a new survey have admitted they are still “clueless” about GDPR – leaving the personal data of millions of employees and customers at risk.’
The Independent, 12th December 2018
Source: www.independent.co.uk
‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’
OUT-LAW.com, 12th December 2018
Source: www.out-law.com
‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’
Henderson Chambers, 11th December 2018
Source: www.hendersonchambers.co.uk
‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’
Garden Court Chambers, 3rd December 2018
‘With the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law.’
Hardwicke Chambers, 5th November 2018
Source: hardwicke.co.uk
‘Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years:
“The government has announced plans to ensure that tips left for workers will go to them in full. While most employers act in good faith, in some sectors evidence points towards poor tipping practices, including excessive deductions being made from tips left by customers. New legislation, to be introduced at the earliest opportunity, will set out that tips must go to the workers providing the service.”’
Hardwicke Chambers, 1st November 2018
Source: hardwicke.co.uk
‘The next phase of the public inquiry into the Grenfell Tower fire could be delayed until 2020, according to counsel for one of the core participants, raising concerns that it could be at least three years after the disaster claimed 72 lives that it will report back fully.’
The Guardian, 11th December 2018
Source: www.theguardian.com
‘The inquest into the self-inflicted death of Ellie Brabant has concluded, with the coroner finding that the lack of a clear care plan, and the decision to discharge Ellie from Section 3 of the Mental Health Act more than minimally contributed to her death. Her family were represented by Sarah Hemingway of the Garden Court Chambers Civil Liberties Team.’
Garden Court Chambers, 13th November 2018
Source: www.gardencourtchambers.co.uk
‘Artificial intelligence (AI) will free up solicitors from lower-level work to carry out more complex tasks, a new report from the Solicitors Regulation Authority has said.’
Local Government Lawyer, 12th December 2018
Source: www.localgovernmentlawyer.co.uk
‘Sexual assault victims are waiting up to 14 months for counselling as specialist support services struggle to cope with unprecedented demand, MPs have said.’
The Guardian, 11th December 2018
Source: www.theguardian.com
‘The Local Government and Social Care Ombudsman has issued a reminder to council school attendance teams that their duty to provide alternative education may arise for reasons other than exclusion and illness.’
Local Government Lawyer, 12th December 2018
Source: www.localgovernmentlawyer.co.uk
‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’
Garden Court Chambers, 6th November 2018
Source: www.gardencourtchambers.co.uk
‘Today, 12th December, the Diocese of Oxford has issued the following Press Release on the establishment of an Independent Case Review of the diocesan safeguarding response to allegations of spiritual abuse in the case of the Revd Tim Davis.’
Law & Religion UK, 12th December 2018
Source: www.lawandreligionuk.com
‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
‘The “multiplicity” of legal and accountancy regulators in the UK is not helping the fight against money laundering, the Financial Action Task Force (FATF) has complained.’
Legal Futures, 12th December 2018
Source: www.legalfutures.co.uk
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