Court of Appeal rules on construction of securities linked to Argentina’s gross domestic product – 39 Essex Chambers

Posted June 18th, 2024 in chambers articles, contracts, debts, interpretation, news by sally

‘On 12 June 2024, the Court of Appeal gave judgment in Palladian Partners LP v The Republic of Argentina [2024] EWCA Civ 641, dismissing Argentina’s appeal against a judgment of Picken J ([2023] EWHC 711 (Comm)) which awarded €1.33bn to institutional and corporate holders of certain Euro-denominated debt securities linked to Argentina’s GDP (“the Securities”) under which Argentina had failed to make payment.’

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39 Essex Chambers, 14th June 2024

Source: www.39essex.com

Stalking and harassment: beyond baby reindeer – 7BR

Posted June 18th, 2024 in chambers articles, harassment, news, stalking by sally

‘This article briefly explains the law concerning the criminal offences of stalking and harassment, considers the definition of these offences, and highlights some relevant recent cases.’

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7BR, 10th June 2024

Source: www.7br.co.uk

“Can I get my Rolex back?” – the Seizure and Forfeiture of Listed Assets – Mountford Chambers

Posted June 18th, 2024 in chambers articles, forfeiture, news, proceeds of crime, search & seizure by sally

‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’

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Mountford Chambers, 22nd May 2024

Source: www.mountfordchambers.com

Pupils mocked and put in headlocks by school staff – BBC News

Posted June 18th, 2024 in autism, child cruelty, news, restraint, school children, special educational needs by sally

‘A senior staff member at an independent school for children with special educational needs has been recorded by BBC Panorama saying how he wanted to drown a pupil in a bath “like a kitten”.
An undercover reporter spent almost seven weeks at Life Wirral in Wallasey and witnessed staff using offensive language to mock pupils for their neurodiversity or learning disabilities, as well as manhandling them into dangerous headlocks.’

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BBC news, 17th June 2024

Source: www.bbc.co.uk

Doctors call for English drink-drive limit to be cut to equivalent of a small drink – The Guardian

Posted June 18th, 2024 in alcohol abuse, doctors, drunk in charge, news, road safety by sally

‘Doctors have called for England’s drink-driving limit to be reduced to the equivalent of a small glass of wine or beer, in a proposal supported by a number of medical and road safety organisations.’

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The Guardian, 17th June 2024

Source: www.theguardian.com

More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

Posted June 17th, 2024 in chambers articles, compensation, disclosure, enforcement, financial services ombudsman, news, public interest by sally

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

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Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

BAILII: Recent Decisions

Posted June 17th, 2024 in law reports by sally

Court of Appeal (Civil Division)

JTI Acquisition Company (2011) Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 652 (13 June 2024)

Thomas, R (On the Application Of) v Judicial Appointments Commission [2024] EWCA Civ 665 (13 June 2024)

Commercial Bank of Dubai PSC & Ors v Al Sari & Ors [2024] EWCA Civ 643 (12 June 2024)

Court of Appeal (Criminal Division)

BJK, R. v [2024] EWCA Crim 667 (14 June 2024)

Seed & Ors, R. v [2024] EWCA Crim 650 (13 June 2024)

Gould, R. v [2024] EWCA Crim 669 (06 June 2024)

High Court (Administrative Court)

Botka v Romanian Judicial Authority (Rev1) [2024] EWHC 1332 (Admin) (14 June 2024)

MCML Ltd & Anor, R (On the Application Of) v Southwark Crown Court (Re Permission to Appeal Application) [2024] EWHC 1470 (Admin) (14 June 2024)

Khan v GMC [2024] EWHC 1330 (Admin) (14 June 2024)

ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin) (14 June 2024)

Moore v Criminal Court No 4 In Malaga, Spain [2024] EWHC 1458 (Admin) (13 June 2024)

Wisniewski v Regional Court of Torun, Poland [2024] EWHC 1461 (Admin) (13 June 2024)

Miernik v Sad Okregowy III Criminal Division in Kielce, Poland [2024] EWHC 1457 (Admin) (13 June 2024)

Linear Investments Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 1428 (Admin) (13 June 2024)

The Chief Constable of Thames Valley Police, R (On the Application Of) v A Legally Qualified Chair [2024] EWHC 1454 (Admin) (13 June 2024)

Grimm v Government of USA [2024] EWHC 1460 (Admin) (13 June 2024)

Goldstein v The Court of Caltanissetta Italy [2024] EWHC 1459 (Admin) (13 June 2024)

High Court (Chancery Division)

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor [2024] EWHC 1429 (Ch) (14 June 2024)

easyGroup Ltd v Beauty Perfectionists Ltd & Ors [2024] EWHC 1441 (Ch) (13 June 2024)

High Court (Commercial Court)

Patel v Patel [2024] EWHC 1412 (Comm) (14 June 2024)

JP Morgan International Finance Ltd v WEREALIZE.COM Ltd [2024] EWHC 1437 (Comm) (13 June 2024)

Exporien Mining Private Limited Company v Aggreko International Projects Ltd [2024] EWHC 1463 (Comm) (13 June 2024)

High Court (Family Division)

G and H, Re (Children: Return to Ghana) [2024] EWHC 1453 (Fam) (14 June 2024)

High Court (King’s Bench Division)

Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) (14 June 2024)

Tesco Stores Ltd v Mouradi [2024] EWHC 1466 (KB) (14 June 2024)

Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) (14 June 2024)

Taylor v Pathe Productions Ltd & Ors [2024] EWHC 1475 (KB) (14 June 2024)

Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) (14 June 2024)

A v B [2024] EWHC 1400 (KB) (14 June 2024)

Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) (13 June 2024)

BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

Source: www.bailii.org

Business backed in withholding data in subject access request response – OUT-LAW.com

Posted June 17th, 2024 in data protection, disclosure, news, telecommunications, third parties by sally

‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’

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OUT-LAW.com, 14th June 2024

Source: www.pinsentmasons.com

Amazon faces fresh CAT claims over marketplace practices – OUT-LAW.com

Posted June 17th, 2024 in class actions, competition, damages, news by sally

‘Amazon faces two new class action-style claims in the UK over alleged anti-competitive practices that those bringing the claims say have negatively impacted third-party sellers that use the company’s online marketplace.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence – Constitutional Law Association

Posted June 17th, 2024 in appeals, attempts, compensation, constitutional law, criminal justice, human rights, miscarriage of justice, murder, news, rape, Supreme Court by sally

‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’

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Constitutional Law Association, 13th June 2024

Source: ukconstitutionallaw.org

Challenge to JAC ‘secret soundings’ to go ahead – Legal Futures

Posted June 17th, 2024 in appeals, bullying, complaints, confidentiality, judicial appointments commission, judicial review, judiciary, news, trade unions by sally

‘A district judge who argues that applicants for judicial appointment should be told of negative comments about them in confidential references will get to put her case to the High Court.’

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Legal Futures, 17th June 2024

Source: www.legalfutures.co.uk

AI in the family justice system: report published by Nuffield Family Justice Observatory – Family Law

Posted June 17th, 2024 in artificial intelligence, families, family courts, news by sally

‘The Nuffield Family Justice Observatory has published a briefing paper to prompt discussion and reflection about how artificial intelligence (AI) could potentially improve experiences for families and professionals using or involved with the family justice system. It also outlines the challenges and risks involved, and the governance required for safe usage.’

Full briefing paper

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Family Law, 11th June 2024

Source: www.familylaw.co.uk

Firm showed a ‘lackadaisical’ approach to breach of contract – Law Society’s Gazette

Posted June 17th, 2024 in contracts, costs, indemnities, law firms, news, solicitors, wasted costs orders by sally

‘A Slough firm is facing a wasted costs order after it showed a “lackadaisical” approach to a breach of contract claim it was instructed in, a court has heard.’

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Law Society's Gazette, 17th June 2024

Source: www.lawgazette.co.uk

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by sally

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

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Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

Teacher given life ban after having sex with pupil – BBC News

Posted June 17th, 2024 in abuse of position of trust, child abuse, children, news, restraining orders, school children, sexual offences, teachers by sally

‘A teacher who repeatedly had sex with a vulnerable 16-year-old pupil has been told by a judge he will never be allowed to teach again.’

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BBC News, 14th June 2024

Source: www.bbc.co.uk

Landowner who cut down protected woodland fined – BBC News

Posted June 17th, 2024 in confiscation, enforcement notices, environmental protection, fines, news, trees by sally

‘A landowner who benefited from chopping down a protected woodland has been fined £1,500 and handed an £11,280 confiscation order.’

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BBC News, 14th June 2024

Source: www.bbc.co.uk

Organisers fined over horse-loving teen’s death – BBC News

Posted June 17th, 2024 in accidents, costs, fines, health & safety, news by sally

‘The organisers of a horse and carriage fun day have been fined and ordered to pay costs totalling £230,000 after a teenager was killed taking part in an event 12 years ago.’

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BBC News, 15th June 2024

Source: www.bbc.co.uk

Wolverhampton guilty verdicts raise issue of naming child killers – The Guardian

Posted June 17th, 2024 in anonymity, children, media, murder, news, public interest, reporting restrictions, young offenders by sally

‘Some believe naming convicted children acts as deterrent, while others say it could glorify horrific acts.’

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The Guardian, 15th June 2024

Source: www.theguardian.com

Lawyers take lord chancellor to high court over legal aid fees – The Guardian

Posted June 17th, 2024 in asylum, fees, immigration, legal aid, lord chancellor, Ministry of Justice, news by sally

‘The lord chancellor is being taken to the high court over claims that legal aid fees are so low they are preventing lawyers from providing representation for thousands of people who are eligible for it.’

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The Guardian, 16th June 2024

Source: www.theguardian.com

Portrayal of character in Steve Coogan’s film The Lost King is defamatory, judge rules – The Guardian

Posted June 17th, 2024 in artistic works, defamation, news, universities by sally

‘The portrayal of a former university official in Steve Coogan’s film about the discovery of the remains of Richard III is defamatory, a high court judge has ruled.’

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The Guardian, 14th June 2024

Source: www.theguardian.com