Tribunal confirms surcharge on pension liberation scheme user – OUT-LAW.com

Posted May 30th, 2019 in HM Revenue & Customs, loans, news, penalties, pensions, taxation by tracey

‘An unauthorised payment surcharge imposed on an individual who participated in a pension liberation scheme was confirmed by the tax tribunal as it said the individual had not acted reasonably in entering into the scheme.’

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OUT-LAW.com, 29th May 2019

Source: www.out-law.com

Not discrimination to pay male officers less for shared parental leave than female officers on maternity leave – UK Police Law Blog

‘The Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when when paying them less for shared parental leave than they pay women when taking enhanced maternity pay as part of maternity leave. Such claims are not sex discrimination claims but equal terms claims, to be brought under the Equal Pay Act 1970, which are bound to fail because they relate to terms of work affording special treatment to woman in connection with pregnancy of childbirth. An appeal to the Supreme Court is possible.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

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Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk

Report calls for end to “macho culture” of chambers – Legal Futures

Posted May 30th, 2019 in barristers, diversity, equality, gender, news, statistics, women by tracey

‘The “macho culture that can pervade chambers” must go if the Bar is to improve its gender balance, a report by a specialist discrimination law firm run by a QC has concluded.’

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Legal Futures, 30th May 2019

Source: www.legalfutures.co.uk

Home Secretary: EU Settlement Scheme is performing well – Home Office

‘Home Secretary Sajid Javid has confirmed that more than 750,000 applications have now been received for the EU Settlement Scheme.’

Full press release

Home Office, 30th May 2019

Source: www.gov.uk/home-office

Ex-prison officer from Hull convicted of rape – BBC News

Posted May 30th, 2019 in news, prison officers, rape, sexual offences by tracey

‘A former prison officer has been found guilty of raping five women and attempting to rape a sixth.’

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BBC News, 29th May 2019

Source: www.bbc.co.uk

Police cuts could see rise in miscarriages of justice, says forensic expert – The Guardian

Posted May 30th, 2019 in bias, budgets, forensic science, miscarriage of justice, news, police by tracey

‘Austerity cuts in the police force could lead to an increase in miscarriages of justice, a leading forensic scientist has warned, as constraints on funding lead to in-house forensic teams performing more selective tests.’

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The Guardian, 29th May 2019

Source: www.theguardian.com

Carbon credits fraud trial collapses after expert witness found to have no expertise – The Independent

‘A carbon credits trial collapsed after an expert witness was found to be unqualified, and more than 20 fraud trials could be declared unsafe.’

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The Independent, 30th May 2019

Source: www.independent.co.uk

UK government ‘risks another Windrush’ over EU citizens, MPs say – BBC News

‘The government runs the risk of another Windrush scandal if “serious concerns” about its EU settlement scheme are not addressed, MPs have said.’

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BBC News, 30th May 2019

Source: www.bbc.co.uk

Children whitening skin to avoid racial hate crime, charity finds – The Guardian

Posted May 30th, 2019 in charities, children, hate crime, news, racism, statistics by tracey

‘The National Society for the Prevention of Cruelty to Children (NSPCC) said racial abuse and bullying of children had risen by one-fifth since 2015-16 to more than 10,000 incidents recorded by police last year.’

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The Guardian, 30th May 2019

Source: www.theguardian.com

Brexit: Boris Johnson ordered to appear in court over £350m claim – BBC News

‘Boris Johnson has been ordered to appear in court over claims he lied by saying the UK gave the EU £350m a week. The Tory leadership candidate has been accused of misconduct in public office after making the claim during the 2016 EU referendum campaign.’

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BBC News, 29th May 2019

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 29th, 2019 in law reports by tracey

High Court (Chancery Division)

Stewart & Ors v Watkin [2019] EWHC 1311 (Ch) (24 May 2019)

Loxleigh Investments Ltd v Dartford Borough Council [2019] EWHC 1274 (Ch) (24 May 2019)

Stavrinides & Ors v Bank of Cyprus Public Company Ltd [2019] EWHC 1328 (Ch) (24 May 2019)

High Court (Patents Court)

Evalve Inc & Ors v Edwards Lifesciences Ltd [2019] EWHC 1158 (Pat) (03 May 2019)

High Court (Technology and Construction Court)

Amey Highways Ltd v West Sussex County Council [2019] EWHC 1291 (TCC) (24 May 2019)

Source: www.bailii.org

Judge refuses uplift after successful part 36 offer on hourly rates – Litigation Futures

Posted May 29th, 2019 in costs, news, part 36 offers by tracey

‘A judge has refused to award claimants an uplift on their costs after beating a part 36 offer restricted just to the hourly rates in dispute.’

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Litigation Futures, 29th May 2019

Source: www.litigationfutures.com

Gateley found negligent over redevelopment agreement – Legal Futures

Posted May 29th, 2019 in drafting, negligence, news, solicitors by tracey

‘The High Court has found national law firm Gateley negligent in its advice to the owner of land in Nottingham that led to him missing out on some of the profits from its redevelopment.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

High Court rejects appeal by couple jailed for harassing judge – Legal Futures

Posted May 29th, 2019 in appeals, family courts, harassment, judgments, news, sentencing by tracey

‘The High Court has rejected an appeal by a couple jailed for harassing the family judge who heard their “long and contentious litigation” over an adoption.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Surrogacy and legal parentage: let intentionality prevail: Part 2 – Family Law

Posted May 29th, 2019 in news, surrogacy by tracey

‘In the first part of this article, it was established that surrogacy law in England and Wales is in need of reform in a number of areas. Arguably, the most fundamental flaw of the current law is the fact that unlike its counterpart in Californian law, English law fails to allow the intentions of the intended parents and surrogates to shape the course of their surrogacy journey. A question then remains to be asked for the second part of this series – if intentionality is important to the functioning of surrogacy law, how can English law be reformed in order to allow intentionality to prevail?’

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Family Law, 29th May 2019

Source: www.familylaw.co.uk

Kenneth Noye: Police still investigating murder of key witness in road-rage killer’s trial 19 years ago – The Independent

Posted May 29th, 2019 in murder, news, police, road traffic, witnesses by tracey

‘The unsolved assassination of a key witness who helped to put road-rage killer Kenneth Noye behind bars remains under investigation by detectives, police have said.’

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The Independent, 28th May 2019

Source: www.independent.co.uk

Landmarks in law: Sally Bercow and the first major ‘Twibel’ case – The Guardian

Posted May 29th, 2019 in defamation, internet, news by tracey

‘Careless tweeting costs money, so beware. That is the message coming from the courts, which over recent years have had to deal with the “Twibel” cases that have arisen from potentially libellous posts made on social media.’

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The Guardian, 28th May 2019

Source: www.theguardian.com

Officials altered records in bisexual prison officer case, judge says – The Guardian

‘An investigation is under way after government officials altered and redacted documents in an employment tribunal case involving a bisexual prison officer, the Guardian has learned.’

Full Story

The Guardian, 28th May 2019

Source: www.theguardian.com