McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com

‘Game, Set-Aside and Match’: Applications To Set Aside Default Judgment and the Decision in FXF v English Karate Federation Ltd – Ropewalk Chambers

‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’

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Ropewalk Chambers, 28th July 2023

Source: ropewalk.co.uk

“Consent – does it matter?” – Karen Lennon and Oliver Latham discuss the decision of Knowles J in F v M and the approach to rape allegations in Family Law proceedings – Park Square Barristers

‘In March 2021, the Court of Appeal handed down its now oft cited decision in Re HN [2021] EWCA Civ 448. That case is famous amongst family lawyers as the architect of the modern approach to umbrella allegations of coercive and controlling behaviour. The focus of this article however is on sexual abuse allegations, in particular those of rape.’

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Park Square Barristers, 11th July 2023

Source: www.parksquarebarristers.co.uk

Campaigner given green light to appeal High Court ruling over Department for Transport guidance on tactile paving and kerb heights – Local Government Lawyer

Posted August 17th, 2023 in appeals, consultations, disabled persons, dogs, footpaths, news, roads by sally

‘The Court of Appeal has granted a disability rights campaigner permission to appeal in her ongoing legal challenge against the Secretary of State for Transport regarding guidance on the use of tactile paving.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Consultation on Permitted Development: Relaxing the Rules – 4-5 Gray’s Inn Square

‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

UK sustainability disclosure standards expected by July 2024 – OUT-LAW.com

‘New UK sustainability corporate disclosure standards are expected to be endorsed by the UK government by July 2024.’

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OUT-LAW.com, 16th August 2023

Source: www.pinsentmasons.com

Anti-racist judges need to “speak out” and counsel must challenge bench – Legal Futures

Posted August 17th, 2023 in barristers, judiciary, news, racism by sally

‘Judges needed to “speak out” over racism in the judiciary and counsel should challenge the bench when they witness it, two leading barristers have argued.’

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Legal Futures, 17th August 2023

Source: www.legalfutures.co.uk

‘An activist blob’: Tory party attacks on lawyers – a timeline – The Guardian

‘Critical language used to blame lawyers for thwarting immigration policy dates back to Boris Johnson era.’

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The Guardian, 16th August 2023

Source: www.theguardian.com

Fordham’s Ten Principles of the Duty of Candour in Judicial Review – Essex CAJI

Posted August 17th, 2023 in disclosure, equality, judicial review, news, police, remuneration by sally

‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’

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Essex CAJI, 16th August 2023

Source: essexcaji.org

One in four complaints to Legal Ombudsman outside new time limits – Legal Futures

‘More than a quarter (27%) of complaints made to the Legal Ombudsman (LeO) are outside the new time limits introduced at the beginning of April, it has emerged.’

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Legal Futures, 16th August 2023

Source: www.legalfutures.co.uk

Statement of brave 13-year-old gets rapist more than 19 years in prison – BBC News

Posted August 16th, 2023 in child abuse, children, imprisonment, news, rape, sentencing, sexual offences, victims by sally

‘A man who subjected a young girl to a three-year “campaign of rape” has been jailed for over 19 years.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk

Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape – The Guardian

‘Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Widower of jailed Post Office worker loses appeal in wake of Horizon scandal – The Guardian

‘The widower of a Post Office worker jailed after being convicted of theft has lost a court of appeal fight as a judge ruled that the conviction was not based on evidence from the scandal-hit Horizon software.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 16th, 2023 in law reports by tracey

High Court (Chancery Division)

Tomlinson v Tomlinson & Ors [2023] EWHC 2083 (Ch) (15 August 2023)

High Court (Family Division)

Augousti v Matharu (Rev1) [2023] EWHC 1900 (Fam) (10 August 2023)

Source: www.bailii.org

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Vampire-obsessed murderer Mathew Hardman’s case to be reviewed – BBC News

Posted August 15th, 2023 in appeals, Criminal Cases Review Commission, DNA, murder, news, young offenders by sally

‘A vampire-obsessed killer convicted of murdering a woman is having his case reviewed by the organisation which investigates miscarriages of justice.’

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BBC News, 14th August 2023

Source: www.bbc.co.uk

Bribery arrests bring corruption risks faced by mining firms into focus – OUT-LAW.com

Posted August 15th, 2023 in bribery, corruption, national crime agency, news by sally

‘Recent charges brought by the UK’s National Crime Agency (NCA) highlight the need for businesses to be alert to the risk of bribes being solicited to move their projects forward, an expert in managing corruption risk has said.’

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OUT-LAW.com, 14th August 2023

Source: www.pinsentmasons.com

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

Grooming cases at record high amid online safety laws delay- BBC News

Posted August 15th, 2023 in amendments, bills, child abuse, delay, internet, news, sexual grooming by sally

‘Tens of thousands of online grooming crimes have been recorded during the wait for updated online safety laws.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk