Illiquid SASSs: A way forward? – Pensions Barrister

Posted June 27th, 2024 in news, pensions, sale of land, trusts by sally

‘This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to liquidate the asset to pay pension benefits.’

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Pensions Barrister, 27th June 2024

Source: www.pensionsbarrister.com

Zara Aleena murder: agencies’ failures contributed to death, inquest finds – The Guardian

Posted June 27th, 2024 in inquests, murder, news, police, prisons, probation by sally

‘Failures by the police and prison and probation services contributed to the death of Zara Aleena, who was murdered as she walked home from a night out in east London, an inquest jury has found.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Pornography, the Online Safety Act 2023 and the need for further reform – Journal of Media Law

Posted June 27th, 2024 in child abuse, children, internet, media, news, obscenity, pornography by sally

‘The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation focusing on the systems and processes of online platforms, in practice it is content-based. Our analysis reveals that the Act generates eight new classifications of pornography, each associated with a distinct legal framework, thereby creating a confusing and unnecessarily complex regulatory regime. Accordingly, we recommend further reforms to fortify and clarify the regulatory regime, as well as a more comprehensive review of pornography regulation in general, with the overall aim of reducing the harms of pornography.’

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Journal of Media Law, 5th June 2024

Source: www.tandfonline.com

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Ads for menopause supplements banned by regulator – The Independent

Posted June 26th, 2024 in advertising, health, menopause, news, ombudsmen, women by sally

‘Ads for supplements claiming they could treat and cure menopause symptoms such as hot flushes and weight gain have been banned by the regulator.’

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The Independent, 26th June 2024

Source: www.independent.co.uk

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 26th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695 (24 June 2024)

High Court (Administrative Court)

Solicitors Regulation Authority Ltd v Sa’id [2024] EWHC 1619 (Admin) (25 June 2024)

Hahn v Secretary of State for Justice [2024] EWHC 1559 (Admin) (24 June 2024)

High Court (Chancery Division)

Peter Waddell Holdco Ltd & Anor v Bluebell Cars Holding Ltd & Ors [2024] EWHC 1627 (Ch) (25 June 2024)

Syspal Capital Ltd v Truman & Anor [2024] EWHC 1561 (Ch) (24 June 2024)

High Court (King’s Bench Division)

Harcombe & Anor v Associated Newspapers Ltd & Anor [2024] EWHC 1523 (KB) (25 June 2024)

Wagner v Bright Station Ventures Management Ltd [2024] EWHC 1612 (KB) (25 June 2024)

Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB) (25 June 2024)

Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB) (24 June 2024)

Bridgen v Hancock [2024] EWHC 1603 (KB) (24 June 2024)

Artcrafts International SpA v Mou Ltd [2024] EWHC 1558 (KB) (21 June 2024)

Stamp v Open Democracy [2024] EWHC 1574 (KB) (21 June 2024)

Source: www.bailii.org

Tribunal demonstrates ‘orthodox approach’ to single supply VAT exemption – OUT-LAW.com

Posted June 25th, 2024 in contraception, medicines, news, tribunals, VAT by sally

‘A recent UK Upper Tribunal decision is a useful reminder of the “orthodox” approach that should be taken to determine whether there has been a single or multiple supply of goods or services for the purposes of VAT exemption, an expert has said.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

AI drafting in job ads: human oversight essential to ensure social mobility inclusion – OUT-LAW.com

Posted June 25th, 2024 in advertising, artificial intelligence, diversity, drafting, news, recruitment by sally

‘Human resources professionals, recruiters and business leaders should be aware of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by sally

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Let us lead on equality, Bar Council chair tells BSB – Legal Futures

Posted June 25th, 2024 in barristers, diversity, equality, news by sally

‘The chairman of the Bar Council has urged the Bar Standards Board (BSB) to let it lead work on improving equality, diversity and inclusion (EDI) in the profession.’

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Legal Futures, 25th June 2024

Source: www.legalfutures.co.uk

A lawyer has been imprisoned for defrauding the Legal Aid Agency – Crown Prosecution Service

Posted June 25th, 2024 in barristers, fees, judges, legal aid, news, sentencing by sally

‘A barrister and part-time immigration tribunal judge has been jailed for defrauding the Legal Aid Agency, along with other lawyers, by falsely claiming defence legal costs.’

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Crown Prosecution Service, 21st June 2024

Source: www.cps.gov.uk

Curbs on expert cross-examination could lead to wrongful removals, family silks warn – Law Society’s Gazette

‘Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families. The Department for Education-funded pilot is up and running at NHS trusts in Manchester, Sheffield and Birmingham with little information available to either the public or family law specialists.’

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Law Society's Gazette, 24th June 2024

Source: www.lawgazette.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court allows Mueen-Uddin appeal – 5RB

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

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5RB, 20th June 2024

Source: www.5rb.com

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by sally

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

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2 Hare Court, 20th June 2024

Source: www.2harecourt.com