Cost liability determined following partially successful application for a final third party debt order (Chedington Events Ltd v Brake and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’

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Gatehouse Chambers, 18th March 2024

Source: gatehouselaw.co.uk

Tangled Webs of Trust: A Study of Public Trust in Risk Regulation – Oxford Journal of Legal Studies

Posted April 19th, 2024 in energy, news, regulations by sally

‘This article provides an empirically grounded understanding of public trust in the context of risk regulation, specifically through a case study of shale gas exploration and fracking. It offers insight into the factors underpinning public trust and explores the empirical reality of the socially embedded and relational nature of trust. The article engages with the often-neglected dynamics of trust and how relationships between different levels of trust (eg institutional, interpersonal, wider system) operate. It shows how trust, far from complying with many existing linear conceptualisations, is complex and messy, involving a web of ongoing and interactive relationships within and between these levels. By mapping empirical data against our theoretical understandings, this article offers an alternative insight into the trust relationship, better positioning us to understand trust as an ongoing process, rather than an end product.’

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Oxford Journal of Legal Studies, 11th March 2024

Source: academic.oup.com

A limitation period applies to unfair prejudice petitions under section 994 of the Companies Act 2006 (THG Plc and others v Zedra Trust Company (Jersey) Limited) – Gatehouse Chambers

‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’

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Gatehouse Chambers, 7th March 2024

Source: gatehouselaw.co.uk

Does the Court have the power to grant newcomer injunctions? – Becket Chambers

‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’

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Becket Chambers, 2nd April 2024

Source: becket-chambers.co.uk

Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers

Posted April 19th, 2024 in chambers articles, damages, evidence, insurance, news by sally

‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’

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Five Pump Court Chambers, 22nd March 2024

Source: www.5pumpcourt.com

Criminal Cases Review Commission apologises to Andrew Malkinson for handling of case – The Guardian

‘The chair of the Criminal Cases Review Commission has offered an “unreserved apology” to Andrew Malkinson for its handling of his case after he spent 17 years in prison for a rape he did not commit.’

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The Guardian, 18th April 2024

Source: www.theguardian.com

Two boys sentenced for killing more than 20 animals at environmental college – The Independent

‘Two schoolboys who killed more than 20 animals including rabbits, snakes and birds at an environmental college have been handed a community order.’

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The Independent, 18th April 2024

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 19th, 2024 in law reports by michael

Court of Appeal (Civil Division)

AB, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 369 (18 April 2024)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 19th, 2024 in legislation by michael

SI 2024/536 – The Universal Credit (Administrative Earnings Threshold) (Amendment) (No. 2) Regulations 2024

SI 2024/529 – The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2024

SI 2024/527 – The Childcare (Free of Charge for Working Parents) (England) (Amendment) (No. 2) Regulations 2024

SI 2024/525 – The Recall Petition (Petition Officers’ Charges) (Amendment) Regulations 2024

SI 2024/524 – The Boiler Upgrade Scheme (England and Wales) (Amendment) Regulations 2024

SI 2024/523 – The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024

SI 2024/522 – The Finance (No. 2) Act 2023, Schedule 20 (Bilateral Safeguarding Remedies) (Appointed Day) Regulations 2024

SI 2024/521 – The Police (Conduct) (Amendment) Regulations 2024

SI 2024/519 – The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024

SI 2024/513 – The Retained EU Law (Revocation and Reform) Act 2023 (Environment, Food and Rural Affairs) (Revocation) Regulations 2024

SI 2024/512 – The Representation of the People Act 1983 (Amendment of Schedule 6A) Regulations 2024

SI 2024/509 – The Merchant Shipping (Anti-Fouling Systems) Regulations 2024

Source: www.legislation.gov.uk

Government faces JR claim over litigation funding legislation – Legal Futures

‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Rwanda bill: what does the latest delay mean? – The Guardian

‘Rishi Sunak’s plan to fly people seeking asylum to Rwanda this spring appears to have been put back to the summer after House of Lords insisted on changes to the scheme.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

Inquiries Update: Three Things You Need to Know – Inquests and Inquiries Law Blog

‘Achas Burin updates readers on three essential news items concerning the future of Public Inquiries: the commencement of the Lampard Inquiry, the Norton committee reviewing Inquiries and the government consultation on apologies following the Independent Inquiry into Child Sexual Abuse.’

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Inquests and Inquiries Law Blog, 17th April 2024

Source: inquestsandinquirieslawblog.com

Greenwashing enforcement is not going away – Kingsley Napley Criminal Law Blog

‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’

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Kingsley Napley Criminal Law Blog, 16th April 2024

Source: www.kingsleynapley.co.uk

Brighton: Police apology over 1986 schoolgirls murder case – BBC News

‘The families of two schoolgirls murdered in 1986 have received an apology from Sussex Police over mistakes in its investigations.’

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BBC News, 18th April 2024

Source: www.bbc.co.uk

Pension crimes, fines and insolvency practitioners – Pensions Barrister

‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’

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Pensions Barrister, 18th April 2024

Source: www.pensionsbarrister.com

Consultation on the proposed revision of the Judicial Committee of the Privy Council Rules – Judicial Committee of the Privy Council

Posted April 19th, 2024 in consultations, news, Privy Council by sally

‘This paper sets out for consultation the proposed revision of the Judicial Committee of
the Privy Council Rules.’

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Judicial Committee of the Privy Council, 15th April 2024

Source: www.jcpc.uk

Group action against law firm to go ahead with single claim form – Legal Futures

Posted April 19th, 2024 in civil procedure rules, class actions, law firms, negligence, news by sally

‘The Court of Appeal has allowed 134 claimants to start an action against a law firm with a single claim form, which their solicitor said will strengthen the trend for class actions in the UK.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

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UKSC Blog, 17th April 2024

Source: ukscblog.com

Say a prayer for Article 9? R (on the Application of TTT) v Michaela School and the question of interference – Law & Religion UK

‘The media reports of the last few months highlight how controversial and charged the decision in R (on the Application of TTT) v Michaela School [2024] EWHC 843 (Admin) is. There is much to unpack and debate about the High Court’s 83-page judgment, not least how the secular approach held to be lawful in the judgment sits with a legal framework that continues to favour Christianity in terms of laws on collective worship and the teaching of religion in school.’

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Law & Religion UK, 19th April 2024

Source: lawandreligionuk.com

Clinical negligence fixed costs set for October implementation – Legal Futures

‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk