When you fly your drone, do you trespass my home? – Gatehouse Chambers

Posted June 12th, 2024 in aircraft, chambers articles, injunctions, news, trespass by sally

‘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.’

Full Story

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

Posted June 12th, 2024 in chambers articles, death in custody, inquests, mental health, news, prisons, suicide by sally

‘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.’

Full Story

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

Posted June 12th, 2024 in affidavits, chambers articles, civil procedure rules, contempt of court, injunctions, news by sally

‘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.’

Full Story

Henderson Chambers, 2nd May 2024

Source: www.hendersonchambers.co.uk

The racialised harm of police strip searches – Runnymede Trust

Posted June 12th, 2024 in consultations, government departments, investigatory powers, news, police, proportionality, racism, statistics by sally

‘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.’

Full Story

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

Posted June 12th, 2024 in chambers articles, HM Revenue & Customs, interest, news, taxation by sally

‘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.’

Full Story

Devereux Chambers, 13th May 2024

Source: www.devereuxchambers.co.uk

Defining “disability” in serious injury litigation – Exchange Chambers

Posted June 12th, 2024 in chambers articles, damages, disabled persons, news, personal injuries by sally

‘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.’

Full Story

Exchange Chambers, 20th May 2024

Source: www.exchangechambers.co.uk

What happens when Child Maintenance is not enough? – Becket Chambers

Posted June 12th, 2024 in chambers articles, child support, children, families, family courts, financial provision, news, remuneration by sally

‘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.’

Full Story

Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

Liberty v Secretary of State for the Home Department – Blackstone Chambers

Posted June 12th, 2024 in chambers articles, consultations, news, police, public order, ultra vires by sally

‘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.’

Full Story

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

Posted June 12th, 2024 in chambers articles, enforcement, environmental protection, judicial review, news, pollution, water by sally

‘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’).’

Full Story

Francis Taylor Building, 24th May 2024

Source: www.ftbchambers.co.uk

Infected Blood Inquiry: lessons to be learned – Mills & Reeve

Posted June 12th, 2024 in blood products, chambers articles, government departments, health, hospitals, inquiries, news by sally

‘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.’

Full Story

Mills & Reeve, 11th June 2024

Source: www.mills-reeve.com

Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers

Posted June 12th, 2024 in chambers articles, divorce, families, family courts, financial dispute resolution, news by sally

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.’

Full Story

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

Posted June 12th, 2024 in company directors, insolvency, liquidators, misfeasance, news, pensions by sally

‘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.’

Full Story

The Guardian, 11th June 2024

Source: www.theguardian.com

Harman to lead review of bullying and harassment at the Bar – Legal Futures

Posted June 12th, 2024 in barristers, bullying, equality, harassment, news, professional conduct by sally

‘Solicitor Harriet Harman KC has been named as chair of the Bar Council’s independent review of bullying and harassment, including sexual harassment, at the Bar.’

Full Story

Legal Futures, 12th June 2024

Source: www.legalfutures.co.uk

Lenovo v Ericsson – Blackstone Chambers

Posted June 12th, 2024 in chambers articles, courts, intellectual property, jurisdiction, news, patents by sally

‘The Patents Court (Richards J) has dismissed Ericsson’s applications contesting the Court’s jurisdiction and seeking a strike out of elements of Lenovo’s claim. Richards J further dismissed Ericsson’s application in the alternative for a case management stay.’

Full Story

Blackstone Chambers, 1st May 2024

Source: www.blackstonechambers.com

Contact in Domestic Abuse Cases – Becket Chambers

Posted June 12th, 2024 in appeals, chambers articles, children, coercive & controlling behaviour, domestic violence, families, mental health, news by sally

‘This short article focuses upon the Court of Appeal’s recent decision in the case of Re H (A Child: Domestic Abuse) 2024 EWCA Civ 326 in which it considered the father’s appeal against a child arrangements order under which he was to have no face to face contact with his 3 year old son for an indefinite period of time.’

Full Story

Becket Chambers, 7th May 2024

Source: becket-chambers.co.uk

Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

Full Story

OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

The role of the courts regarding assimilated law from October 2024 – EU Relations Law

Posted June 12th, 2024 in brexit, chambers articles, courts, EC law, news by sally

‘In this post, Jack Williams of Monckton Chambers provides an update on section 6 of the Retained EU Law (Revocation and Reform) Act 2023 concerning the role of courts in interpreting and departing from assimilated case law.’

Full Story

EU Relations Law, 11th June 2024

Source: eurelationslaw.com

Council defends High Court challenge from care home operators – Local Government Lawyer

Posted June 12th, 2024 in care homes, fees, judicial review, local government, news by sally

‘Northumberland County Council has successfully defended a legal challenge brought by an unincorporated association of care home operators regarding the weekly fees paid by the local authority to care home operators.’

Full Story

Local Government Lawyer, 11th June 2024

Source: www.localgovernmentlawyer.co.uk

UK system for wrongful conviction payouts is lawful, European court rules – The Guardian

Posted June 12th, 2024 in compensation, government departments, human rights, mental health, miscarriage of justice, news by sally

‘Most victims of miscarriages of justice will still be denied compensation in Britain after the European court of human rights ruled the government’s test for payouts was lawful.’

Full Story

The Guardian, 11th June 2024

Source: www.theguardian.com

BSB allows university to restart Bar training course – Legal Futures

Posted June 12th, 2024 in barristers, examinations, legal education, news, universities by sally

‘Hertfordshire University can start taking Bar training course students from September again, after the Bar Standards Board reinstated its authorisation.’

Full Story

Legal Futures, 12th June 2024

Source: www.legalfutures.co.uk