Avon Cosmetics: a critical analysis – Pensions Barrister
‘Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
Category: news
Woman guilty of murdering son, 3, in Durham after ‘sadistic cruelty’ – The Guardian
‘A woman who subjected her three-year-old son to a campaign of “sadistic cruelty” and punishment for petty wrongs has been found guilty of his murder.’
The Guardian, 21st March 2024
Source: www.theguardian.com
Man jailed for at least 34 years for torturing and murdering woman – BBC News
‘A man who tied up, tortured and murdered a woman before hiding her body underneath a bed has been given a life sentence.’
BBC News, 20th March 2024
Source: www.bbc.co.uk
Thousands of UK women owed pension payout after ombudsman’s Waspi ruling – The Guardian
‘Thousands of women, potentially hundreds of thousands, are owed compensation because of government failings related to the way changes to the state pension age were made, a long-awaited official report has said.’
The Guardian, 21st March 2024
Source: www.theguardian.com
Asset manager appointed by linked trust corporation held to be conflict of interest – Pensions Barrister
‘In Irwin Mitchell Trust Corpn v PW [2024] EWCOP 16, a trust corporation, appointed as property and affairs deputy for a protected person under the Mental Capacity Act 2005, appointed an asset management company that was part of same corporate group as the trust corporation to manage the investment of the protected person’s funds. The Court of Protection held that that appointment operated to the financial advantage of the trust corporation, clearly breaching the rules against conflict of interest, and as such required ratification by the court. The court rejected the trust corporation’s arguments that the potential for conflict had been extinguished by the appointment process and that the appointment had already been authorised by an earlier court decision. The court adjourned the issue of ratification pending further evidence as to whether the appointment would be in the best interests of the protected person.’
Pensions Barrister, 21st March 2024
Source: www.pensionsbarrister.com
Paul Tapsell considers some reasons parties give for refusing to mediate – Becket Chambers
‘A search of the internet for “how successful is mediation?” indicates that “mediation has an average success rate of 70-80%” but my daughter tells me that 86.7% of statistics on the internet are made up so further research is required. The authoritative CEDR 10th Annual Mediation Audit, available at Tenth-CEDR-Mediation-Audit-2023.pdf found that 72% of civil mediations settled on the day and a further 20% settled “shortly after”. There is, therefore, a very good chance that mediation will save the parties the cost, stress and emotional turmoil of litigation.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers
‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’
39 Essex Chambers, 26th February 2024
Source: www.39essex.com
Rwanda flights: Lords inflict further defeats on government – BBC News
‘The House of Lords has inflicted fresh defeats on the government over its flagship Rwanda bill, meaning further delay to it becoming law.’
BBC News, 21st March 2024
Source: www.bbc.co.uk
Miller: Who lawyers decide to act for is not a regulatory issue – Legal Futures
‘Who lawyers choose to act for is not a regulatory issue – and the Solicitors Regulation Authority (SRA) needs to be clear on this, a leading legal regulatory specialist said yesterday.’
Legal Futures, 22nd March 2024
Source: www.legalfutures.co.uk
Deprivation of liberty and care providers – how thick is your legal ice? – Mental Capacity Law and Policy
‘In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting out the results of qualitative research carried out with care home staff, representatives of local authority DoLS teams, and families of those affected by DoLS.’
Mental Capacity Law and Policy, 19th March 2024
UK smoking ban for those born after 2009 starts journey into law – BBC News
‘Rishi Sunak’s plan to ban anyone born after 2009 from buying cigarettes is starting its journey into law.’
BBC News, 21st March 2024
Source: www.bbc.co.uk
Ex-Liverpool youth footballer Jamie Cassidy jailed for cocaine conspiracy – The Guardian
‘A former Liverpool football prodigy of “exceptional talent and promise” has been jailed for more than 13 years for his part in a multimillion-pound drugs conspiracy.’
The Guardian, 21st March 2024
Source: www.theguardian.com
Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer
‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’
Local Government Lawyer, 20th March 2024
Source: www.localgovernmentlawyer.co.uk
Voidable marriages – Ecclesiastical Law Journal
‘This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.’
Ecclesiastical Law Journal, 18 January 2024
Source: www.cambridge.org
Law Society issues updated guidance on identifying deprivations of liberty – Local Government Lawyer
‘The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.’
Local Government Lawyer, 19th March 2024
Source: www.localgovernmentlawyer.co.uk
Statutory holiday entitlement: what changes in April – Mills & Reeve
‘We assess the new rules on paid holidays for atypical workers, which are being phased in from 1 April 2024.’
Mills & Reeve, 20th March 2024
Source: www.mills-reeve.com
Step-parents and Parental Responsibility – Becket Chambers
‘The Children Act 1989 s.3 sets out the legal definition of parental responsibility as, ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
Inability to afford a lawyer “cannot delay proceedings”, says master – Legal Futures
‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’
Legal Futures, 21st March 2024
Source: www.legalfutures.co.uk
Fentanyl, forged wills and fake identities: How double killer plotted the deaths of his trusting victims – The Independent
‘For Stephen and Carol Baxter, their decades of hard work at establishing a successful company in the South East of England had nearly paid off.’
The Independent, 20th March 2024
Source: www.independent.co.uk
