A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

Posted November 14th, 2024 in chambers articles, children, codes of practice, domestic violence, families, family courts, news, victims by sally

‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Makin Review: Summary of Recommendations – Law & Religion UK

Posted November 14th, 2024 in abuse of position of trust, child abuse, Church of England, news, reports, sexual offences, young persons by sally

‘The independent review led by Keith Makin into the Church of England’s handling of allegations of serious abuse by the late John Smyth was published on 7 November 2024. The 253-page Review includes eight Key Recommendations [Review paragraph numbers in black] and twenty seven Specific Recommendations directed at particular concerns.’

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Law & Religion UK, 14th November 2024

Source: lawandreligionuk.com

BAILII: Recent Decisions

Posted November 14th, 2024 in law reports by sally

Supreme Court

National Union of Rail, Maritime and Transport Workers & Anor v Tyne and Wear Passenger Transport Executive (t/a Nexus) [2024] UKSC 37 (13 November 2024)

SkyKick UK Ltd & Anor v Sky Ltd & Ors [2024] UKSC 36 (13 November 2024)

Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38 (13 November 2024)

Court of Appeal (Civil Division)

T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 (12 November 2024)

High Court (Administrative Court)

White v Plymouth City Council [2024] EWHC 2854 (Admin) (13 November 2024)

KM, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin) (13 November 2024)

Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) (13 November 2024)

Lewis v The Bar Standards Board [2024] EWHC 2883 (Admin) (12 November 2024)

LS, R (On the Application Of) v Warrington Borough Council [2024] EWHC 2872 (Admin) (12 November 2024)

AB v Social Work England [2024] EWHC 2874 (Admin) (12 November 2024)

High Court (Family Division)

GH v H [2024] EWHC 2869 (Fam) (12 November 2024)

High Court (Patents Court)

Safestand Ltd v Weston Homes Plc & Ors [2024] EWHC 2807 (Pat) (07 November 2024)

High Court (King’s Bench Division)

Ali v Secretary of State for Justice [2024] EWHC 2829 (KB) (12 November 2024)

Source: www.bailii.org

Mental Capacity Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in bills, chambers articles, Court of Protection, deprivation of liberty safeguards, health, mental health, news by sally

‘Mental Capacity Report – November 2024’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Practice and Procedure Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, costs, Court of Protection, news by sally

‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, Court of Protection, medical treatment, mental health, news by sally

‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Mental Health Matters Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in bills, chambers articles, mental health, news by sally

‘In the Mental Health Matters Report: the Mental Health Bill is introduced.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Liability for omissions: Is the law as it should be? – 12 King’s Bench Walk

Posted November 14th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by sally

‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’

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12 King’s Bench Walk, 6th November 2024

Source: www.12kbw.co.uk

Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy

Posted November 14th, 2024 in coercive & controlling behaviour, Court of Protection, families, jurisdiction, mental health, news, powers of attorney by sally

‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’

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Mental Capacity Law and Policy, 13th November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

When can Contribution Claims run into trouble? – 4 New Square

Posted November 14th, 2024 in chambers articles, contribution, insolvency, insurance, news, third parties by sally

‘Insolvency and Contribution Claims make uneasy companions in the professional liability sphere. The latest proof is the judgment of Master Brightwell on Monday this week in Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805. Helen Evans KC explains the challenge that emerged in that case – and how variations of it have manifested themselves elsewhere.’

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4 New Square, 13th November 2024

Source: www.4newsquare.com

Immigration Newsletter (November 2024) – 4KBW

Posted November 14th, 2024 in chambers articles, evidence, news, practice directions by sally

‘Immigration Newsletter (November 2024)’

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4KBW, 11th November 2024

Source: www.4kbw.co.uk

ADP RPO UK Ltd v Haycocks – Blackstone Chambers

Posted November 14th, 2024 in chambers articles, consultations, news, redundancy by sally

‘On 29 October 2024, the Court of Appeal handed down judgment in the case of ADP RPO UK Ltd v Haycocks. The decision addresses the principles governing the fairness of non-statutory redundancy consultations and is the first time that the Court of Appeal had confirmed that the ‘British Coal’ principles apply to an assessment of the fairness of a redundancy procedure.’

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Blackstone Chambers, 30th October 2024

Source: www.blackstonechambers.com

Barristers “wrongly think they work within AML regulations” – Legal Futures

Posted November 14th, 2024 in barristers, money laundering, news, regulations by sally

‘Barristers are wrongly stating that their work is covered by the Money Laundering Regulations 2017 (MLRs) in their annual declarations to the Bar Standards Board (BSB), it has emerged.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

Women jailed over sadistic monkey torture videos – BBC News

Posted November 14th, 2024 in animal cruelty, news, sentencing, torture, video recordings by sally

‘Two women have been jailed for their part in a monkey torture ring and behaviour described by the judge as “depraved, sickening and wicked”.’

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BBC News, 13th November 2024

Source: www.bbc.co.uk

Man’s will written on back of food boxes is valid, UK high court rules – The Guardian

Posted November 14th, 2024 in charities, news, wills by sally

‘A will written on the back of cardboard food packaging has been found to be valid by the high court, meaning a charity stands to inherit £180,000.’

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The Guardian, 13th November 2024

Source: www.theguardian.com

Supreme Court clarifies ‘bad faith’ trade mark law in Sky case – OUT-LAW.com

Posted November 14th, 2024 in news, Supreme Court, trade marks by sally

‘Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court.’

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OUT-LAW.com, 13th November 2024

Source: www.pinsentmasons.com

Mental capacity and clinical negligence – Recent developments, practical issues and traps for the unwary – Exchange Chambers

Posted November 13th, 2024 in chambers articles, hospitals, mental health, negligence, news by sally

‘With the blessing (or occasional curse) of a slightly unusual practice, litigating a mix of neurologically orientated trauma and clinical negligence claims whilst maintaining a complimentary practice in the Court of Protection, I have encountered lots of odd, interesting and unexpected mental capacity issues. Professional experience and reported cases suggest that identifying and successfully managing such issues can present particular challenges for the clinical negligence practitioner. This article is intended to signpost some of those issues, and provide an aid memoir and practical guide for when you next encounter one.’

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Exchange Chambers, 9th October 2024

Source: www.exchangechambers.co.uk

Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers

Posted November 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news by sally

‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’

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Falcon Chambers, 14th October 2024

Source: www.falcon-chambers.com

Time to comply: failure to prevent fraud is a reality – Kingsley Napley Criminal Law Blog

Posted November 13th, 2024 in chambers articles, codes of practice, company law, fraud, news by sally

‘The concept of holding corporate entities accountable for their failure to prevent fraud has been debated for some time. We previously wrote in detail about the process which ultimately led to the introduction into law last autumn of a new corporate criminal offence. Section 199 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) sits alongside the UK’s existing laws on fraud and corruption and is intended to make it easier to hold organisations to account by creating an offence of failing to prevent fraud committed by employees, or other ‘associated persons’, which may benefit the organisation.’

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Kingsley Napley Criminal Law Blog, 12th November 2024

Source: www.kingsleynapley.co.uk