High Court dismisses allegations over administrators’ conduct – OUT-LAW.com

Posted April 16th, 2021 in administrators, chambers articles, insolvency, liquidators, news by sally

‘The High Court of England and Wales has dismissed a claim brought by the liquidators of One Blackfriars Limited against its former joint administrators over the sale of the company’s main asset, a development site in Blackfriars, London.’

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OUT-LAW.com, 15th April 2021

Source: www.pinsentmasons.com

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

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Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Female juniors head towards equality before top court – Litigation Futures

Posted April 16th, 2021 in barristers, diversity, equality, gender, news, statistics, Supreme Court, women by sally

‘The ratio of women to men appearing before the Supreme Court has improved hugely in recent years at junior levels, although less so at senior levels, a comprehensive survey has shown.’

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Litigation Futures, 15th April 2021

Source: www.litigationfutures.com

Senior City lawyers want to continue working flexibly – or will leave – Legal Futures

Posted April 16th, 2021 in coronavirus, employment, flexible working, law firms, news, solicitors by sally

‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’

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Legal Futures, 16th April 2021

Source: www.legalfutures.co.uk

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

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Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted April 16th, 2021 in damages, divorce, families, news, personal injuries by sally

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

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Family Law, 16th April 2021

Source: www.familylaw.co.uk

Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette

Posted April 16th, 2021 in compensation, drafting, fees, law firms, negligence, news, solicitors by sally

‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’

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Law Society's Gazette, 15th April 2021

Source: www.lawgazette.co.uk

Home Office breaching human rights law by failing to investigate detainee deaths, court rules – The Independent

‘The Home Office’s policy for investigating deaths in immigration detention has been found to breach human rights law.’

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The Independent, 15th April 2021

Source: www.independent.co.uk

Demands for ‘urgent’ reform after watchdog finds ‘no boundaries’ for civil servants in private jobs – The Independent

‘The head of a Whitehall watchdog has called for “urgent” reform of the system for vetting private sector appointments for senior civil servants and ministers, warning that “there doesn’t seem to have been any boundaries at all” for an adviser who moved straight from the heart of government to the failed finance company Greensill.’

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The Independent, 16th April 2021

Source: www.independent.co.uk

Gloucester swimming instructor jailed for abusing 3-year-old girl – BBC News

‘A “perverted” swimming instructor who sexually abused a three-year-old girl he was babysitting has been jailed.’

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BBC News, 15th April 2021

Source: www.bbc.co.uk

Universities ignoring rape culture warnings, say campaigners – The Guardian

‘Universities have ignored repeated warnings to tackle rape culture on campus, and left themselves exposed to lawsuits and reputational damage, according to lawyers and campaigners.’

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The Guardian, 15th April 2021

Source: www.theguardian.com

Harvey Tyrrell death: Pub owner jailed over boy’s electrocution death – BBC News

‘A pub owner has been jailed after admitting responsibility for the death of a seven-year-old boy who was electrocuted in a beer garden.’

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BBC News, 16th April 2021

Source: www.bbc.co.uk

Alerter by Ben Norton – Meaning of ‘deliberate’, ‘concealment’ and ‘breach of duty’ under s.32 Limitation Act 1980 – Henderson Chambers

Posted April 15th, 2021 in consumer credit, insurance, limitations, news by sally

‘Ben Norton considers the meaning of “deliberate”, “concealment” and “breach of duty” under s.32 Limitation Act 1980 in the context of the Consumer Credit Act’s unfair relationship provisions following Canada Square Operations Ltd v Potter.’

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Henderson Chambers, 19th March 2021

Source: www.hendersonchambers.co.uk

No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

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New Square Chambers, 1st April 2021

Source: www.newsquarechambers.co.uk

Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters

‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’

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Cloisters, 26th March 2021

Source: www.cloisters.com

Summary Judgment and Striking Out Allegations of Civil Fraud – Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) – Littleton Chambers

Posted April 15th, 2021 in fraud, news, striking out, summary judgments, unlawful means conspiracy by sally

‘Traditionally, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to use the interim remedies of summary judgment and strike out involving allegations of fraud without the need for a full trial, in “appropriate” cases.’

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Littleton Chambers, 7th April 2021

Source: littletonchambers.com

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

Posted April 15th, 2021 in confidentiality, income tax, news, privacy by sally

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation. There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

The challenges with data and AI in UK financial services – OUT-LAW.com

‘Financial services businesses should review the way they procure, manage and use data, and consider whether specific new processes need to be developed, to implement artificial intelligence (AI) systems in a way that customers trust, is effective and meets legal and regulatory standards.’

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OUT-LAW.com, 14th April 2021

Source: www.pinsentmasons.com