Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

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Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

The President’s guidance on anonymisation in published judgments – Transparency Project

‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’

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Transparency Project, 12th March 2019

Source: www.transparencyproject.org.uk

LW, KT, MC & Faulder v Sodexo Limited & Secretary of State for Justice – Blackstone Chambers

Posted March 13th, 2019 in contracting out, human rights, news, prisons by sally

‘The High Court has today handed down judgment on the human rights obligations owed by the State to persons serving a prison sentence in a private prison.’

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Blackstone Chambers, 21st February 2019

Source: www.blackstonechambers.com

Towards clarity on reporting obligations – Law Society’s Gazette

‘Last month the Solicitors Regulation Authority published its response to its ‘Reporting Concerns’ consultation, launched last year. You could be forgiven for missing the fanfare but this was big news in the world of law firm and lawyer regulation.’

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Law Society's Gazette, 11th March 2019

Source: www.lawgazette.co.uk

‘Essay mills’ legislation is overdue, says expert – OUT-LAW.com

Posted March 13th, 2019 in deceit, education, news, plagiarism, school children, statistics by sally

‘New legislation to combat so-called ‘essay mills’ is overdue, an expert in universities law has said.’

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OUT-LAW.com, 13th March 2019

Source: www.out-law.com

What Happens When A Solicitor Provides The Client With No Guidance As To Costs? – 39 Essex Chambers

Posted March 13th, 2019 in costs, foreign jurisdictions, murder, news, notification, solicitors by sally

‘You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. The client’s son denied any involvement.’

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39 Essex Chambers, 25th February 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

‘In probation, we’re poorly paid and the caseloads are unmanageable’ – The Guardian

‘Chris Grayling’s 2013 reforms have cost more, yet failed to cut reoffending or reduce staff shortages.’

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The Guardian, 13th March 2019

Source: www.theguardian.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Sisters win High Court inheritance battle against millionaire brother – Daily Telegraph

Posted March 13th, 2019 in bereavement, families, news, wills by sally

‘Sisters who fought their millionaire brother for a share of their mother’s estate have won a High Court battle, after a judge agreed that her traditionalist husband forced her to change her will.’

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Daily Telegraph, 12th March 2019

Source: www.telegraph.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Sentencing Council to include expanded explanations in guidelines – OUT-LAW.com

Posted March 13th, 2019 in codes of practice, consultations, judiciary, news, sequestration by sally

‘Plans to require judges and magistrates to consider additional contextual information when weighing up aggravating and mitigating factors during the sentencing process for particular offences have been published for consultation by the Sentencing Council.’

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OUT-LAW.com, 13th March 2019

Source: www.out-law.com

Medomsley detention centre saw hundreds sexually abused – BBC News

‘An officer at a former youth detention centre sexually assaulted hundreds of inmates, it has emerged.’

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BBC News, 12th March 2019

Source: www.bbc.co.uk

Doctors’ failure to spot sepsis led to toddler’s death, coroner rules – The Guardian

‘A two-year-old girl died as a result of neglect after the gross failure of doctors to diagnose sepsis, a coroner has ruled.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer

Posted March 13th, 2019 in appeals, brexit, EC law, landlord & tenant, leases, news by sally

‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Winstone v MGN- 39 Essex Chambers

‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’

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39 Essex Chambers, 28th February 2019

Source: www.39essex.com

Birmingham primary school in LGBT row cleared by watchdog – The Guardian

‘A Birmingham primary school at the centre of a dispute with parents over lessons about LGBT rights has been cleared of any wrongdoing by Ofsted.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2019 in legislation by sally

The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019

The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019

The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019

The Data Protection (Charges and Information) (Amendment) Regulations 2019

The Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019

The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

The Creative Europe Programme and Europe for Citizens Programme (Revocation) (EU Exit) Regulations 2019

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019

The Personal Injuries (Civilians) Scheme (Amendment) Order 2019

The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019

The Guardian’s Allowance Up-rating Regulations 2019

The National Health Service (Dental Charges) (Amendment) Regulations 2019

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 12th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Praesto Consulting UK Ltd v HM Revenue and Customs [2019] EWCA Civ 353 (11 March 2019)

High Court (Administrative Court)

Krupeckiene v Public Prosecutor’s Office Lithuania [2019] EWHC 569 (Admin) (11 March 2019)

Chief Constable of Avon And Somerset Constabulary v Police Medical Appeal Board [2019] EWHC 557 (Admin) (11 March 2019)

Bartulis & Ors v Panevezys Regional Court, Lithuania & Anor [2019] EWHC 504 (Admin) (07 March 2019)

Lone v Secretary of State for Education [2019] EWHC 531 (Admin) (07 March 2019)

High Court (Chancery Division)

Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)

Keymed (Medical & Industrial Equipment) Ltd v Hillman & Anor [2019] EWHC 485 (Ch) (11 March 2019)

TQ Delta, LLC v ZYXEL Communications Ltd & Anor [2019] EWHC 562 (Ch) (11 March 2019)

Triumph Controls – UK Ltd & Anor v Primus International Holding Company & Ors [2019] EWHC 565 (Ch) (11 March 2019)

High Court (Technology and Construction Court)

Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) (08 March 2019)

Source: www.baili.org

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk