A simple guide to issuing claims under TOLATA 1996 for separating cohabiting couples – St Phlips Barristers

Posted March 31st, 2025 in news by sally

‘In the absence of financial provision akin to divorcing couples, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a tool for separating couples in relation to their property. TOLATA claims are brought under the Civil Procedure Rules (CPR).’

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St Philips Barristers, 28th March 2025

Source: st-philips.com

Father who cut up elderly housemate and scattered body parts across Manchester jailed for life – The Independent

Posted March 31st, 2025 in news by sally

‘A man with a horror obsession who murdered and dismembered his elderly housemate before scattering his body parts across their home city has been jailed for life.’

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The Independent, 28th March 2025

Source: www.independent.co.uk

Judge attacks process-driven approach to credit hire claims – Legal Futures

Posted March 31st, 2025 in news by sally

‘A senior district judge has again attacked credit hire claims, as well as a process-driven approach to bringing them, in a case where he awarded £1,200 for a claim valued at £50,200.’

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Legal Futures, 31st March 2025

Source: www.legalfutures.co.uk

David Sugarman: The Politics of Judicial Decision-Making in the UK’s Top Court: Lessons from the Pinochet Case – UK Constitutional Law Association

Posted March 31st, 2025 in news by sally

‘Does the judge who hears a case affect the outcome and, particularly, in the U.K.’s top court? This is a question that has received increasing attention of late. In this blog post, I utilise my research on the behind-the-scenes proceedings in the Pinochet case (1998-99) to address this question, stressing the role of the judges’ personal values, ideologies and emotions, the culture of the court, and the interplay between law and politics in shaping the outcome of cases.’

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UK Constitutional Law Association, 31st March 2025

Source: ukconstitutionallaw.org

Prosecution of people who help clients evade tax in UK falls by 75% in five years – The Guardian

Posted March 31st, 2025 in news by sally

‘Prosecutions of the enablers of tax evasion have plummeted by at least 75% in the past five years, with fewer than five criminal cases in 2023-2024.’

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The Guardian, 30th March 2025

Source: www.theguardian.com

Retrospective Law and Release from Prison – Legal Studies

Posted March 31st, 2025 in news by sally

‘This article draws out two injustices to which retrospective criminal legislation may give rise: undermining accessibility of law and challenging equality before the law. It is argued that the censuring function of criminal law exacerbates both wrongs. This sets the stage for an analysis of delaying prisoners’ release. It is suggested that retrospective reform in this context threatens the same values as those threatened by retrospective criminalisation. Yet, the safeguards against retrospective reform of release provisions are weak due to two important strands of case law, one concerning which penalty was ‘applicable at the time’ of the offence and another which draws a distinction between penalties and their execution. Both strands of case law are in need of fundamental reconsideration if article 7 of the European Convention on Human Rights is to realise its purposes of upholding rule-of-law values and providing practicable safeguards.’

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Legal Studiesm 6th March 2025

Source: academic.oup.com

Shorter family court hearings ‘encouraging’, says minister – BBC News

Posted March 31st, 2025 in news by sally

‘Parents and children experiencing shorter family court hearings following a government review is “encouraging”, a minister has said.’

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BBC News, 29th March 2025

Source: www.bbc.co.uk

The principles of legality and heightened-scrutiny rationality review: The Supreme Court’s judgment in the Spitalfields case – Public Law for Everyone

Posted March 31st, 2025 in news by sally

‘The Supreme Court’s judgment in R (The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11 traverses some important ground concerning the principle of legality and heightened-scrutiny rationality review — and serves as a reminder that a good deal of work remains to be done if doctrine and principle are to sit in appropriate relationship in this area of administrative law.’

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Public Law for Everyone, 28th March 2025

Source: publiclawforeveryone.com

Landmark s.303Z51 POCA Order secures full Crypto recovery of £520,000 – 5SAH

Posted March 31st, 2025 in news by sally

‘In what is believed to be the first of its kind, a team of specialist lawyers, Sarah Wood & Ashley Fairbrother, and experts, Carmel King, worked alongside law enforcement to secure a full recovery under the recently enacted s.303Z51 of the Proceeds of Crime Act 2002 (POCA) for their client, Mr. A, an 80-year-old man who lost over £520,000 to a sophisticated crypto scam.’

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5SAH, 27th March 2025

Source: www.5sah.co.uk

Anonymising the names of judges – Law Society’s Gazette

Posted March 31st, 2025 in news by sally

‘In Tickle v The BBC and others [2025] EWCA Civ 42, the Court of Appeal considered whether the courts had the power to make orders anonymising the names of judges. The issue concerned the anonymisation of the names of three judges who had presided over historical family proceedings concerning Sara Sharif. Although this was a family law case, it has wider significance.’

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Law Society's Gazette, 28th March 2025

Source: www.lawgazette.co.uk

Designers say plans for UK copyright law risk ‘running roughshod’ over sector – The Guardian

Posted March 31st, 2025 in news by sally

‘A proposed overhaul of copyright law risks “running roughshod” over a British design industry that has created such memorable products as the red phone box, the London underground map and the iPhone, according to a group of leading UK designers.’

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The Guardian, 31st March 2025

Source: www.theguardian.com

Brothers who raped girls as young as 13 jailed – BBC News

Posted March 31st, 2025 in news by sally

‘Two brothers who groomed and raped vulnerable girls as young as 13 in Rotherham have been jailed.’

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BBC News, 28th March 2025

Source: www.bbc.co.uk

SRA and BSB in the dock over inadequate performance – Legal Futures

Posted March 31st, 2025 in news by sally

‘The two largest legal regulators – the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) – are the only ones to fail their performance assessments over the past year, the Legal Services Board (LSB) revealed today.’

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Legal Futures, 31st March 2025

Source: www.legalfutures.co.uk

Bad drafting or giving effect to Parliament’s intention? BDW Trading Limited v Ardmore Construction Limited & Ors [2025] EWHC 434 (TCC) – Tanfield Chambers

Posted March 28th, 2025 in news by sally

‘The Applicant, BDW, was the developer of 5 separate buildings which were constructed between 1999 and 2005 (“the Development”). As part of this process, BDW contracted with the First Respondent, Ardmore Construction Limited (“ACL”), to carry out the design and build of the Development. ACL was a subsidiary of the Second Respondent, Ardmore Construction Group Limited, who was itself a subsidiary of the Third Respondent, Admore Group Limited. All of the companies were owned by the parent-company, the Fourth Respondent, Ardmore Group Holdings Limited (collectively “R2-R4”).’

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Tanfield Chambers, 26th March 2025

Source: tanfieldchambers.co.uk

Illegality and Insanity in Tort Law – Cambridge Law Journal

Posted March 28th, 2025 in news by sally

‘IN Lewis-Ranwell v G4S Health Services (UK) Ltd. and others [2024] EWCA Civ 138, the claimant (C) had been diagnosed with schizophrenia. A few years later, he was detained by the police on suspicion of burglary and was visibly mentally unwell. He was released after being seen by mental health professionals employed by the defendants (DD). Later that day, C was arrested on suspicion of assault and released the next day, again after being seen by DD’s mental health professionals. Soon after his second release, C killed three men during a psychotic episode. C was acquitted of murder by reason of insanity, on the basis that he did not realise his conduct was contrary to the criminal law or the “standards of reasonable ordinary people” (see Keal [2022] EWCA Crim 341, at [41]). Following this acquittal, C was detained in hospital. C sought damages from DD in negligence, including for loss of liberty, and an indemnity for claims against him by the victims’ estates. C argued that, had DD not been careless in their provision of care, he would not have been released from custody and in a position to kill. At first instance, DD failed to strike out the claim on the ground of illegality. The Court of Appeal, by a majority (Underhill L.J. and Dame Victoria Sharp P.), agreed that the illegality defence did not apply. In this note, we argue that the majority was correct.’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Court of Appeal hands down ruling on matters that can be raised on appeal of review decision dealing with suitability of accommodation – Local Government Lawyer

Posted March 28th, 2025 in news by sally

‘The Court of Appeal has dismissed an appeal by a resident over what could be raised in a review request to London Borough of Haringey after she had rejected a property offer as unsuitable.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Proprietary estoppel and licences: where are we now – Tanfield Chambers

Posted March 28th, 2025 in news by sally

‘Can a person who expects to be granted a licence, and whose expectation is disappointed, bring a claim in proprietary estoppel?’

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Tanfield Chambers, 3rd March 2025

Source: tanfieldchambers.co.uk

CoA: Mega Marshmallow VAT treatment hangs on whether they are ‘eaten with fingers’ – OUT-LAW.com

Posted March 28th, 2025 in appeals, food, news, statutory interpretation, taxation, VAT by sally

‘Companies in the food and drinks sector must pay close attention to potential VAT treatment when developing new products, as a recent ruling by the Court of Appeal in London shows that the treatment often hinges on small details, a tax expert has said.’

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OUT-LAW.com, 27th March 2025

Source: www.pinsentmasons.com

NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Fake £4m Xanax drug gang boss jailed – BBC News

Posted March 28th, 2025 in conspiracy, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A gang leader who co-ordinated a £4m fake Xanax drug-making operation in sheds and garages across the West Midlands has been jailed for eight years.’

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BBC News, 27th March 2025

Source: www.bbc.co.uk