King’s Bench Guide 2024 – Courts and Tribunals Judiciary

Posted April 24th, 2024 in codes of practice, courts, news by tracey

‘The King’s Bench Guide 2024 has been published. It is been prepared to help everyone who practises or litigates in the King’s Bench Division.’

Full guide

Full Story

Courts and Tribunals Judiciary , 19th April 2024

Source: www.judiciary.uk

Mind the early gender earnings gap at the Bar – new research from the Bar Council – The Bar Council

Posted April 24th, 2024 in barristers, diversity, equality, fees, gender, news, remuneration, statistics, women by tracey

‘Barristers and chambers can actively manage practice and career development to mitigate the earnings gap between men and women at the self-employed Bar, according to new research from the Bar Council: New practitioner earnings differentials at the self-employed Bar.’

Full Story

The Bar Council, 23rd April 2024

Source: www.barcouncil.org.uk

The Supreme Court sets the tone for Section 20 Extradition Act 2003 – 5SAH

Posted April 24th, 2024 in appeals, chambers articles, extradition, news, Supreme Court by sally

‘On 6 March 2024, the Supreme Court handed down two important decisions that related to issues under section 20 Extradition Act 2003:

– Bertino v Public Prosecutor’s Office Italy [2024] UKSC 9
– Merticariu v Judecatoria Arad, Romania [2024] UKSC 10

Notably, these two cases had the same constitution of the Court, with Stephens and Burnett LJJ giving a joint judgment in both cases, with which the rest of the Court agreed.’

Full Story

5SAH, 22nd April 2024

Source: www.5sah.co.uk

Cookery teachers banned after altering pupils’ food – BBC News

‘Two cookery teachers have been permanently banned from the profession after altering pupils’ dishes in a bid to improve their grades.’

Full Story

BBC News, 23rd April 2024

Source: www.bbc.co.uk

The Manchester Arena Inquiry: lessons for future inquiries – 6KBW College Hill

Posted April 24th, 2024 in chambers articles, inquiries, news, terrorism, victims, witnesses by sally

‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’

Full Story

6KBW College Hill, 17th April 2024

Source: blog.6kbw.com

Hibaldstow man wins battle over ‘Game of Thrones’ dragon statue – BBC News

Posted April 24th, 2024 in local government, news, planning by tracey

‘Planes, a dragon and a phone box have prompted complaints about one man’s distinctive front garden. Critics said it looked like a theme park or a ram-raid in a gift shop, but officials have agreed to retrospective planning permission.’

Full Story

BBC News, 24th April 2024

Source: www.bbc.co.uk

In depth: Transgender athletes and sporting ‘integrity’ – lawyers divided – Law Society’s Gazette

Posted April 24th, 2024 in equality, gender, news, sport, women by tracey

‘The controversial topic of transgender participation in women’s sport was discussed at the recent LawAccord conference. Speakers were – perhaps unsurprisingly – deeply divided on next steps.’

Full Story

Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

Schrodinger’s Verdict – 25 Bedford Row

Posted April 24th, 2024 in chambers articles, homicide, judicial review, juries, murder, news by sally

‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’

Full Story

25 Bedford Row, 28th March 2024

Source: www.25bedfordrow.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

Full Story

12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

Full Story

3PB, 18th April 2024

Source: www.3pb.co.uk

Legal academic awarded £30,000 over ‘toxic’ row with ex-colleague – Law Society’s Gazette

Posted April 24th, 2024 in damages, disclosure, internet, news, privacy, universities by tracey

‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’

Full Story

Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

Brazil Iron: UK court case launched over mining project in Bahia – BBC News

Posted April 24th, 2024 in damages, environmental health, foreign jurisdictions, miners, news by tracey

‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’

Full Story

BBC News, 24th April 2024

Source: www.bbc.co.uk

New family immigration visa rules ‘penalise couples’ – BBC News

Posted April 24th, 2024 in families, government departments, immigration, news, remuneration, visas by tracey

‘There are fears that more people will be separated by the introduction of a minimum salary level for those wanting UK family visas.’

Full Story

BBC News, 24th April 2024

Source: www.bbc.co.uk

Can AI image generators be policed to prevent explicit deepfakes of children? – The Guardian

Posted April 24th, 2024 in artificial intelligence, blackmail, child abuse, children, news, sexual offences by tracey

‘As one of the largest “training” datasets has been found to contain child sexual abuse material, can bans on creating such imagery be feasible?’

Full Story

The Guardian, 23rd April 2024

Source: www.theguardian.com

Council of Europe human rights watchdog condemns UK’s Rwanda bill – The Guardian

‘The Council of Europe’s human rights watchdog has condemned Rishi Sunak’s Rwanda scheme, saying it raises “major issues about the human rights of asylum seekers and the rule of law”.’

Full Story

The Guardian, 23rd April 2024

Source: www.theguardian.com

Immigration Newsletter – 4KBW

March 2024 Update.

Full Story

4KBW, March 2024

Source: www.4kbw.co.uk

What is a mistake of fact? – 2 Hare Court

Posted April 24th, 2024 in appeals, chambers articles, mistake, news, sexual offences by sally

‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’

Full Story

2 Hare Court, 5th April 2024

Source: www.2harecourt.com

BAILII: Recent Decisions

Posted April 23rd, 2024 in law reports by michael

Court of Appeal (Civil Division)

Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 (23 April 2024)

High Court (Administrative Court)

CX1 & Ors, R (On the Application Of) v Secretary of State for Defence & Anor [2024] EWHC 891 (Admin) (23 April 2024)

Worcestershire County Council v Pain & Ors [2024] EWHC 913 (Admin) (23 April 2024)

The Competition And Markets Authority, R (On the Application Of) v The Competition Appeal Tribunal [2024] EWHC 904 (Admin) (22 April 2024)

iDealing.com Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd (Rev1) [2024] EWHC 847 (Admin) (19 April 2024)

High Court (Chancery Division)

Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 929 (Ch) (23 April 2024)

Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) (23 April 2024)

Dilworth & Anor v Wosskow Brown Solicitors LLP & Ors [2024] EWHC 903 (Ch) (22 April 2024)

Hayel v Hayel & Ors [2024] EWHC 885 (Ch) (19 April 2024)

Sriram v Revenue & Customs & Anor [2024] EWHC 853 (Ch) (19 April 2024)

Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) (19 April 2024)

High Court (Commercial Court)

London Steam-Ship Owners’ Mutual Insurance Association Ltd v Trico Maritime (Pvt) Ltd & Ors [2024] EWHC 884 (Comm) (23 April 2024)

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden NV v Societe Bengaz SA & Anor [2024] EWHC 901 (Comm) (22 April 2024)

Onecom Group Ltd v Palmer [2024] EWHC 867 (Comm) (17 April 2024)

High Court (Family Division)

Hersman v De Verchere [2024] EWHC 905 (Fam) (19 April 2024)

High Court (King’s Bench Division)

Afan Valley Ltd & Ors v Lupton Fawcett (A Firm) & Ors [2024] EWHC 909 (KB) (23 April 2024)

Ludlow v Berkshire Healthcare NHS Foundation Trust [2024] EWHC 872 (KB) (22 April 2024)

HM Solicitor General v Warner [2024] EWHC 918 (KB) (22 April 2024)

Kuznetsov v Edwards Duthie Shamash (A Firm) & Ors [2024] EWHC 870 (KB) (19 April 2024)

Parsons v Atkinson [2024] EWHC 888 (KB) (19 April 2024)

High Court (Technology & Construction Court)

Peachside Ltd v Lee & Anor [2024] EWHC 921 (TCC) (23 April 2024)

ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)

Martell v Roszkowski & Ors [2024] EWHC 840 (TCC) (16 April 2024)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 23rd, 2024 in legislation by michael

SI 2024/552 – The Proceeds of Crime Act 2002 and Terrorism Act 2000 (Certain Information Orders: Code of Practice) Regulations 2024

SI 2024/551 – The Proceeds of Crime Act 2002 (Search, Recovery of Cryptoassets and Investigations: Codes of Practice) Regulations 2024

SI 2024/550 – The Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2024

SI 2024/547 – The Official Controls (Fees and Charges) (Amendment) Regulations 2024

SI 2024/546 – The Major Sporting Events (Income Tax Exemption) (2024 UEFA Champions League Final) Regulations 2024

SI 2024/545 – The Trade Remedies (Amendment) Regulations 2024

SI 2024/544 – The International Tax Compliance (Amendment) Regulations 2024

SI 2024/541 – The Official Controls (Miscellaneous Amendments) Regulations 2024

SI 2024/540 – The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2024

SI 2024/539 – The Financial Services and Markets Act 2000 (Disapplication or Modification of Financial Regulator Rules in Individual Cases) Regulations 2024

SI 2024/538 – The Civil and Family Proceedings Fees (Amendment) Order 2024

SI 2024/537 – The Fair Dealing Obligations (Milk) Regulations 2024

SI 2024/535 – The Special Educational Needs and Disability (Amendment) Regulations 2024

Source: www.legislation.gov.uk

Armagh: Man’s convictions for murder of soldiers quashed – BBC News

Posted April 23rd, 2024 in appeals, armed forces, miscarriage of justice, murder, news, Northern Ireland by sally

‘A man jailed for life for the murder of four British soldiers nearly 50 years ago has had his convictions quashed by Northern Ireland’s Court of Appeal.’

Full Story

BBC News, 22nd April 2024

Source: www.bbc.co.uk