Jail for cyclist who caused serious footpath crash – BBC News
‘A cyclist who seriously injured a pedestrian after crashing into her “at great speed” on a footpath has been jailed for eight months.’
BBC News, 12th June 2024
Source: www.bbc.co.uk
A Medley of legal principles – more covenant firsts in Medley v Mackenzie – Gatehouse Chambers
‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
High Court dismisses challenge over confinement of free school meals in London to state-funded primary schools – Local Government Lawyer
‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
Trust me, I’m a dolphin! – Pensions Barrister
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
Mitigating in the Modern World: Considering the New Sentencing Guidelines – Guilldhall Chambers
‘Last month, the Sentencing Council made changes to the Sentencing Guidelines. In particular, there were substantial modifications to the “Mitigating Factors” to be considered by sentencers. This article hopes to provide a digest of some significant alterations and question how they may work in practice.’
Guildhall Chambers, 29th May 2024
Source: www.guildhallchambers.co.uk
Fight the Power: Court of Appeal on share sale notices – David Lascelles & Alexander Bryant – Littleton Chambers
‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’
Littleton Chambers, 24th May 2024
Source: littletonchambers.com
Chohan v Ved and others [2024] EWHC 739 (Ch) – Gatehouse Chambers
‘Mr Chohan and Mr Ved knew each other from childhood. From 2008 Mr Ved ran his accountancy business, Sterling Associates, from part of the premises comprising 5TC pursuant to a series of licence agreements with the then tenant of 5TC, Eutopia Ltd (“Eutopia”).’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
When you fly your drone, do you trespass my home? – Gatehouse Chambers
‘Laura Tweedy and Gemma de Cordova, together with Oskar Musial and Helena Davies of Brabners Solicitors, consider the circumstances of a recently reported High Court decision (AIUL v Alex Wainwright and Persons Unknown [2023] 5 WLUK 613) granting a quia timet interim injunction against “urban explorers” who trespassed on an abandoned seminary building near Manchester.’
Gatehouse Chambers, May 29th 2024
Source: gatehouselaw.co.uk
Inquest finds inadequate care contributed to death of Frazer Williams who took his life at HMP Guys Marsh – Garden Court Chambers
‘Inadequate diagnosis and treatment of Frazer Williams’ mental health condition was among the probable causes of the 28-year-old’s death at HMP Guy’s Marsh, a jury unanimously found.’
Garden Court Chambers, 23rd May 2024
Source: www.gardencourtchambers.co.uk
Alerter by Arnold Ayoo – Committal proceedings for (allegedly) false affidavits? Permission denied – Henderson Chambers
‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’
Henderson Chambers, 2nd May 2024
Source: www.hendersonchambers.co.uk
The racialised harm of police strip searches – Runnymede Trust
‘Runnymede Trust analysis of new Home Office strip search data shows that Black people are disproportionately strip searched by nearly all police forces in England and Wales. Black children are 6.5 times more likely than white children, and Black adults 4.7 times more likely than white adults, to be strip searched by police.’
Runnymede Trust, June 2024
Source: cdn.prod.website-files.com
Ferguson-Davie & Edwards v HMRC: The proper construction of the carried interest provisions – Devereux Chambers
‘The FTT has now handed down its first decision regarding the proper construction of the carried interest provisions at Part III, Ch 5 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) and the transitional/grandfathering provision at s. 43 (2) Finance (No.2) Act 2015.’
Devereux Chambers, 13th May 2024
Source: www.devereuxchambers.co.uk
Defining “disability” in serious injury litigation – Exchange Chambers
‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’
Exchange Chambers, 20th May 2024
Source: www.exchangechambers.co.uk
What happens when Child Maintenance is not enough? – Becket Chambers
‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’
Becket Chambers, 9th May 2024
Source: becket-chambers.co.uk
Liberty v Secretary of State for the Home Department – Blackstone Chambers
‘The Divisional Court has handed down a judgment finding that The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (the “Regulations”) are unlawful.’
Blackstone Chambers, 24th May 2024
Source: www.blackstonechambers.com
High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin) – Francis Taylor Building
‘The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).’
Francis Taylor Building, 24th May 2024
Source: www.ftbchambers.co.uk
Infected Blood Inquiry: lessons to be learned – Mills & Reeve
‘In the second of a series of articles on the Infected Blood Inquiry, we review the lessons to be learned to ensure we avoid complacency.’
Mills & Reeve, 11th June 2024
Source: www.mills-reeve.com
Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers
I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’
Becket Chambers, 28th May 2024
Source: becket-chambers.co.uk
Two former BHS directors ordered to pay at least £18m over wrongful trading – The Guardian
‘Two former directors of the collapsed department store chain BHS have been ordered to pay at least £18m after the pair were found liable for wrongful trading and breaching their corporate duties.’
The Guardian, 11th June 2024
Source: www.theguardian.com
