Category: news

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, disclosure, dispute resolution, enforcement, news, without prejudice communications by sally

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

AI and Climate Change – 39 Essex Chambers

Posted April 29th, 2024 in artificial intelligence, chambers articles, climate change, environmental protection, news, podcasts by sally

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by tracey

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

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Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by tracey

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

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OUT-LAW.com, 26th April 2024

Source: www.pinsentmasons.com

Anti-suit injunction issued by English court to halt Russian proceedings – OUT-LAW.com

Posted April 29th, 2024 in appeals, injunctions, jurisdiction, news, Russia, sanctions, Supreme Court, Ukraine, war by tracey

‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’

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OUT-LAW.com, 23rd April 2024

Source: www.pinsentmasons.com

Government backs amendment to better protect victims’ counselling records – Ministry of Justice

Posted April 29th, 2024 in bills, codes of practice, criminal justice, data protection, medical records, mental health, Ministry of Justice, news, privacy, rape, sexual offences, victims by tracey

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

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Ministry of Justice, 23rd April 2024

Source: www.gov.uk

Investigatory powers enhanced to keep people safer – Home Office

Posted April 29th, 2024 in government departments, investigatory powers, news, police by tracey

‘New laws to protect our citizens from threats such as terrorism and child sexual abuse have been passed as part of an update to the Investigatory Powers Act 2016.’

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Home Office, 25th April 2024

Source: www.gov.uk

Court shows mercy on application three minutes before deadline – Law Society’s Gazette

Posted April 29th, 2024 in news, time limits by tracey

‘A litigant has been allowed an extension by the High Court after applying for it three minutes before the court deadline.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others) – Gatehouse Chambers

Posted April 29th, 2024 in administrators, chambers articles, dispute resolution, insolvency, news, remuneration by sally

‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’

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Gatehouse Chambers, 19th April 2024

Source: gatehouselaw.co.uk

Everton’s Appeal Provides Sanction Guidance – 3 Hare Court

Posted April 29th, 2024 in appeals, chambers articles, disciplinary procedures, dispute resolution, news, sport by sally

‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’

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3 Hare Court. 11th March 2024

Source: www.3harecourt.com

Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court

Posted April 29th, 2024 in Administrative Court, appeals, chambers articles, disciplinary procedures, employment, mental health, news, nurses, professional conduct by sally

‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Reading terror stabbings ‘probably avoidable’, inquest concludes – The Independent

Posted April 29th, 2024 in asylum, coroners, crime prevention, government departments, immigration, inquests, Islam, Libya, mental health, murder, news, police, recidivists, refugees, terrorism by tracey

‘A coroner has ruled the deaths of three people in the Reading terror attack were ”probably avoidable” as he delivered his conclusion following an inquest at the Old Bailey on Friday.’

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The Independent, 27th April 2024

Source: www.independent.co.uk

Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News

Posted April 29th, 2024 in Criminal Cases Review Commission, death penalty, judicial review, married persons, Ministry of Justice, miscarriage of justice, murder, news, pardons by tracey

‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’

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BBC News, 27th April 2024

Source: www.bbc.co.uk

Smart gadgets: Tougher rules for sellers of internet-enabled devices in the UK – BBC News

Posted April 29th, 2024 in computer crime, computer programs, data protection, internet, news by tracey

‘Manufacturers will have to follow stricter rules if they want to sell “smart” gadgets in the UK after a new law came into effect.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk

Police say threatening and insulting text messages don’t count as domestic abuse – The Independent

Posted April 29th, 2024 in domestic violence, government departments, news, police, telecommunications by tracey

‘The police are discounting threatening and insulting text messages as a form of domestic abuse with tens of thousands of incident records estimated to be missing. The Domestic Abuse Commissioner warned almost 17,600 domestic abuse crimes are missing from data released on Thursday due to the government overhauling the rules on how the police should record incidents.’

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The Independent, 26th April 2024

Source: www.independent.co.uk

Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

Posted April 29th, 2024 in child abuse, children, compensation, damages, families, human rights, imprisonment, news, police, rape, sentencing, sexual offences by tracey

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

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The Independent, 28th April 2024

Source: www.independent.co.uk

Home Office to detain asylum seekers across UK in shock Rwanda operation – The Guardian

Posted April 29th, 2024 in asylum, deportation, detention, government departments, human rights, immigration, news, Rwanda by tracey

‘The Home Office will launch a major operation to detain asylum seekers across the UK on Monday, weeks earlier than expected, in preparation for their deportation to Rwanda, the Guardian can reveal.’

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The Guardian, 28th April 2024

Source: www.theguardian.com

Met police to pay ‘five-figure sum’ to French publisher arrested under anti-terror laws – The Guardian

Posted April 29th, 2024 in damages, demonstrations, false imprisonment, France, misfeasance in public office, news, police, statistics, terrorism by tracey

‘A French publisher who was arrested in London on terrorism charges has been awarded “substantial” damages by the Metropolitan police, as new figures reveal thousands of foreign nationals have been stopped at UK ports under anti-terror laws.’

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The Guardian, 29th April 2024

Source: www.theguardian.com

After Rwanda: Statement from church leaders – Law & Religion UK

Posted April 26th, 2024 in asylum, bills, Church of England, deportation, government departments, human rights, immigration, news, refugees, Rwanda by sally

‘The Archbishops of Canterbury and York and Bishop of Southwark have joined with leaders of the Roman Catholic, Methodist, Baptist and United Reformed Churches in England and issued a joint statement; the Church’s Press Release is reproduced below.’

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Law & Religion UK, 23rd April 2024

Source: lawandreligionuk.com