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

Posted June 25th, 2024 in chambers articles, climate change, energy, environmental protection, housing, news, planning by sally

‘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

Posted June 25th, 2024 in abuse of process, appeals, chambers articles, defamation, foreign jurisdictions, news, striking out, Supreme Court, war crimes by sally

‘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

Compensation process broken, says RAF veteran – BBC News

Posted June 25th, 2024 in armed forces, compensation, complaints, health, news, ombudsmen, personal injuries by sally

‘Any veteran who has an injury or illness as a result of service can apply for financial compensation from one of two schemes run by Veterans UK, a veterans service managed by the Ministry of Defence (MoD). The Armed Forces Compensation Scheme is in place for injuries on or after 6 April 2005. Anything before, is handled by the War Pension Scheme. Veterans have long criticised both schemes. Some say they reject claims unfairly, and are slow to resolve them.’

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BBC News, 25th June 2024

Source: www.bbc.co.uk

NHS confirms patient data stolen in cyber attack – BBC News

Posted June 25th, 2024 in computer crime, data protection, health, medical records, news by sally

‘NHS England has confirmed its patient data managed by blood test management organisation Synnovis was stolen in a ransomware attack on 3 June.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

Julian Assange leaves UK after striking deal with US justice department – The Guardian

Posted June 25th, 2024 in freedom of expression, guilty pleas, news, plea bargaining, spying by sally

‘Julian Assange has been released from a British prison and is expected to plead guilty to violating US espionage law, in a deal that would allow him to return home to his native Australia.’

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The Guardian, 25th June 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 24th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Winter & Anor v Winter & Anor [2024] EWCA Civ 699 (21 June 2024)

Gutmann v Apple Inc & Ors [2024] EWCA Civ 702 (21 June 2024)

Burton v Ministry of Justice [2024] EWCA Civ 681 (21 June 2024)

T, Re (Children: Publication of Judgment) [2024] EWCA Civ 697 (21 June 2024)

Smith v Kirkegaard [2024] EWCA Civ 698 (21 June 2024)

The Father v Worcestershire County Council [2024] EWCA Civ 694 (20 June 2024)

O, Re (Care Proceedings) [2024] EWCA Civ 696 (20 June 2024)

High Court (Administrative Court)

Valentine, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1534 (Admin) (20 June 2024)

High Court (Chancery Division)

Manning & Ors v 2 Four 6 Marketing Ltd & Ors (Re Festicket Ltd – Insolvency Act 1986) [2024] EWHC 1554 (Ch) (21 June 2024)

Unicorn Studio Inc v Veronese (Re Costs) [2024] EWHC 1098 (Ch) (21 June 2024)

Carter v Davies & Ors [2024] EWHC 1536 (Ch) (20 June 2024)

High Court (Commercial Court)

RS Luxembourg II, SARL & Anor v Deburo Real Estate Holding GmbH [2024] EWHC 1515 (Comm) (21 June 2024)

MOK Petro Energy FZC v Argo (No. 604) Ltd & Ors [2024] EWHC 1555 (Comm) (19 June 2024)

High Court (Family Division)

Gudmundsson v Lin [2024] EWHC 1576 (Fam) (21 June 2024)

AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528 (Fam) (21 June 2024)

High Court (Technology and Construction Court)

Environment Agency v High Speed Two (HS2) Ltd [2024] EWHC 1560 (TCC) (21 June 2024)

Buckinghamshire Council v FCC Buckinghamshire Ltd [2024] EWHC 1552 (TCC) (21 June 2024)

A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 1510 (TCC) (18 June 2024)

Pevensey Coastal Defence Ltd v Environment Agency [2024] EWHC 1435 (TCC) (12 June 2024)

Source: www.bailii.org

Different treatment for other boroughs – discriminatory policy – Nearly Legal

Posted June 24th, 2024 in child abuse, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, women by sally

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

Posted June 24th, 2024 in appeals, climate change, environmental health, environmental protection, local government, miners, news, planning, pollution, Supreme Court by sally

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

Posted June 24th, 2024 in appeals, chambers articles, disabled persons, disciplinary procedures, employment, employment tribunals, equality, industrial injuries, news, pensions, police by sally

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Dentons’ breach of AML rules was “inadvertent” – Legal Futures

Posted June 24th, 2024 in anonymity, disciplinary procedures, law firms, money laundering, news, professional conduct, solicitors by sally

‘A breach of the anti-money laundering (AML) rules by Dentons, the world’s largest law firm, was “inadvertent” and did not amount to professional misconduct, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 24th June 2024

Source: www.legalfutures.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by sally

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

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Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

Fee earner guilty of contempt over pre-departure emails – Law Society’s Gazette

Posted June 24th, 2024 in confidentiality, contempt of court, documents, electronic mail, imprisonment, law firms, news, sentencing, solicitors, suspended sentences by sally

‘A fee earner who sent confidential information to his personal email address days before leaving his firm has been given an ultimatum to show the material had been deleted in compliance with a court order.’

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Law Society's Gazette, 21st June 2024

Source: www.lawgazette.co.uk

MoD accused of burying admission that UK special forces had power over Afghan sanctuary claims – The Independent

Posted June 24th, 2024 in Afghanistan, armed forces, government departments, immigration, inquiries, murder, news, torture, war crimes by sally

‘The Ministry of Defence has been accused of trying to bury an admission that the special forces had power over the UK sanctuary applications of Afghan allies amid an ongoing inquiry into potential war crimes in Afghanistan.’

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The Independent, 22nd June 2024

Source: www.independent.co.uk

Nurse struck off after claiming for shifts he did not work – BBC News

Posted June 24th, 2024 in disciplinary procedures, employment, fraud, hospitals, news, nurses by sally

‘A senior nurse who fraudulently claimed for shifts that he did not work has been struck off.’

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BBC news, 23rd June 2024

Source: www.bbc.co.uk

Police pay legal fees over parking ticket – BBC News

Posted June 24th, 2024 in fees, news, parking, police, prosecutions by sally

‘Police have agreed to pay the £1,500 legal fees of a driver they wrongly prosecuted for a parking offence.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

MoD failed soldier killed in training, family say – BBC News

Posted June 24th, 2024 in armed forces, bereavement, families, government departments, inquests, news by sally

‘The Ministry of Defence failed a soldier killed in a crash during a training exercise, his family have said.’

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BBC News, 22nd June 2024

Source: www.bbc.co.uk

Carer who stole £75k from Thunderbirds director jailed – BBC News

Posted June 24th, 2024 in abuse of position of trust, carers, imprisonment, news, sentencing, theft by sally

‘The carer of a blind former film-writer and director has been jailed after stealing £75,000 from him to fund his gambling addiction.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

Thousands of cleared asylum claims to be returned to Home Office after errors – The Guardian

Posted June 24th, 2024 in asylum, government departments, immigration, news, statistics by sally

‘Thousands of asylum cases that Rishi Sunak claimed had been cleared are on course to be returned to the Home Office because of soaring appeals blamed on “rushed” decisions and processing errors.’

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The Guardian, 22nd June 2024

Source: www.theguardian.com

DWP algorithm wrongly flags 200,000 people for possible fraud and error – The Guardian

Posted June 24th, 2024 in artificial intelligence, benefits, computer programs, fraud, government departments, news, statistics by sally

‘More than 200,000 people have wrongly faced investigation for housing benefit fraud and error after the performance of a government algorithm fell far short of expectations, the Guardian can reveal.’

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The Guardian, 23rd June 2024

Source: www.theguardian.com