Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

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The Guardian, 25th January 2023

Source: www.theguardian.com

Dispositions of equitable interests in the digital age: Hudson v Hathway – Tanfield Chambers

‘Mattie Green discusses Hudson v Hathway [2022] EWCA Civ 1648, focusing mainly on the application of section 53 of the Law of Property Act 1925.’

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Tanfield Chambers, 16th January 2023

Source: www.tanfieldchambers.co.uk

Forfeiture in Trust-Based Occupational Pension Schemes – Wilberforce Chambers

Posted January 24th, 2023 in chambers articles, forfeiture, news, pensions, trusts by sally

‘Before 28 October 2018, when judgment was delivered in Lloyds Banking Group Pensions Trustees v Lloyds Bank [2018] EWHC 2839 (Ch), forfeiture of benefits in occupational pension schemes was hardly a “hot topic”.’

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Wilberforce Chambers, January 2023

Source: www.wilberforce.co.uk

Case Comment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

Posted January 24th, 2023 in criminal procedure, guilty pleas, news, Northern Ireland, sentencing by sally

‘In this post, Ross Ludlow, Legal Support Assistant at Matrix Chambers, comments on the case of R v Maughan (Northern Ireland) [2022] UKSC 13. This case considered the Northern Irish approach to reduction in sentence for defendants who plead guilty to offences at an early stage of proceedings.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

Child-friendly Control Orders? Why Child-specific Counter-terrorism Measures are Both Unnecessary and Dangerous – Oxford Human Rights Hub

‘The new year brought with it news that ministers in the UK are considering new counter-terrorism measures that specifically target children. Concerned at the growing number of children – particularly teenagers – being arrested for non-violent and online-based terrorism offences that can have a stigmatising and permanent effect on their records, the UK’s Independent Reviewer of Terrorism Legislation Jonathan Hall KC proposed new non-criminal counter-terrorism alternatives that are especially tailored towards children under the age of 17.’

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Oxford Human Rights Hub, 23rd January 2023

Source: ohrh.law.ox.ac.uk

Man found guilty of murder of Dorset 21-year-old over e-scooter – The Guardian

Posted January 24th, 2023 in murder, news, offensive weapons by sally

‘A man from Afghanistan previously convicted of murder in Serbia has been found guilty of killing a young man in Dorset in a row over an e-scooter.’

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The Guardian, 23rd January 2023

Source: www.theguardian.com

A quarter of listed cases not published by National Archives – Legal Futures

Posted January 24th, 2023 in archives, courts, delay, internet, judgments, law reports, news, reports by sally

‘The National Archives (TNA), which took over as the immediate online publisher of senior court judgments last year, failed to publish judgments in over a quarter of cases in its first three months of operation, a report has found.’

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Legal Futures, 24th January 2023

Source: www.legalfutures.co.uk

Executive wins age discrimination case after being called ‘old fossil’ unable to manage millennials – Daily Telegraph

Posted January 24th, 2023 in age discrimination, compensation, employment tribunals, news by sally

‘A senior executive at a FTSE 250 company who was previously told by his younger boss he was an “old fossil” who “did not know how to manage millennials” has won an age discrimination case.’

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Daily Telegraph, 24th January 2023

Source: www.telegraph.co.uk

Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

UK menopause law change rejected as it ‘could discriminate against men’ – The Guardian

Posted January 24th, 2023 in employment, news, reports, select committees, sex discrimination by sally

‘Proposals to change UK legislation to protect the rights of women experiencing menopause have been in part rejected by the government due to fears such a move would discriminate against men.’

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The Guardian, 24th January 2023

Source: www.theguardian.com

Manchester sexual predator jailed for raping child – BBC News

Posted January 24th, 2023 in child abuse, news, rape, sentencing by sally

‘A “sexual predator” who raped a “vulnerable” young girl after isolating her from her friend in a city centre and luring her back to his home has been jailed.’

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BBC News, 23rd January 2023

Source: www.bbc.co.uk

Watchdog finds serious probation failings over Zara Aleena’s killer – The Independent

Posted January 24th, 2023 in murder, news, probation, release on licence by sally

‘Failings by probation officers left a sexual predator “free” to stalk and kill law graduate Zara Aleena just days after he was released from jail, according to a watchdog.’

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The Independent, 24th January 2023

Source: www.independent.co.uk

Judiciary calls on office holders to avoid “shouting” and treat others fairly in ‘expected behaviours’ list – Local Government Lawyer

Posted January 24th, 2023 in bias, complaints, diversity, judiciary, news, professional conduct by sally

‘The Courts and Tribunals Judiciary has published a list of expected behaviours for judicial office holders, which includes a call to avoid “shouting or snapping” and to ensure that no one in a hearing room is exposed to bias or prejudice.’

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Local Government Lawyer, 23rd January 2023

Source: www.localgovernmentlawyer.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 23rd, 2023 in legislation by tracey

SI 2022/1407 – The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2022

SI 2023/50 – The Architects Act 1997 (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 23rd, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 (20 January 2023)

Phoenix Group Foundation v Harbour Fund II LP & Ors [2023] EWCA Civ 36 (20 January 2023)

Court of Appeal (Criminal Division)

AFU, R. v [2023] EWCA Crim 23 (20 January 2023)

High Court (Administrative Court)

Roehrig, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) (20 January 2023)

World Uyghur Congress, R (On the Application Of) v Secretary of State for the Home Department & Ors [2023] EWHC 88 (Admin) (20 January 2023)

Khayyat & Anor v Westminster City Council [2023] EWHC 30 (Admin) (20 January 2023)

High Court (Chancery Division)

Malik & Ors v Malik [2023] EWHC 59 (Ch) (20 January 2023)

Despins v Kwok (Re Cross-Border Insolvency Regulations 2006) [2023] EWHC 74 (Ch) (20 January 2023)

Queensgate Place Ltd v Solid Star Ltd & Ors [2023] EWHC 93 (Ch) (20 January 2023)

Ryan & Anor v HSBC UK Bank Plc & Anor [2023] EWHC 90 (Ch) (20 January 2023)

High Court (Commercial Court)

Verlox International Ltd & Anor v Antoshin & Ors [2023] EWHC 86 (Comm) (20 January 2023)

BPY v MXV [2023] EWHC 82 (Comm) (20 January 2023)

Republic of Mozambique v Credit Suisse International & Ors (No. 6) [2023] EWHC 91 (Comm) (20 January 2023)

High Court (King’s Bench Division)

AB v Secretary of State for Justice [2023] EWHC 72 (KB) (19 January 2023)

High Court (Technology and Construction Court)

Kirby v Electricity North West Ltd [2023] EWHC 75 (TCC) (20 January 2023)

Source: www.bailii.org

Court orders judge’s recusal due to “business association” with defendant – Legal Futures

Posted January 23rd, 2023 in banking, bias, judges, news, recusal by tracey

‘The High Court has ruled that a circuit judge should not hear any more of a claim against HSBC because his own relationship with the bank raised the risk of apparent bias.’

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Legal Futures, 23rd January 2023

Source: www.legalfutures.co.uk

Court rejects contempt bid over solicitor’s witness statement error – Legal Futures

Posted January 23rd, 2023 in contempt of court, news, solicitors, wills, witnesses by tracey

‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’

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Legal Futures, 23rd January 2023

Source: www.legalfutures.co.uk

What does political instability and market volatility mean for separating couples? – Family Law

‘What does political instability and market volatility mean for separating couples?’

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Family Law, 20th January 2023

Source: www.familylaw.co.uk

Regulators plan new work on lawyers’ misuse of NDAs – Law Society’s Gazette

‘Regulators will seek to draw up new rules on dealing with lawyers who use non-disclosure agreements to cover up clients’ sexual misconduct and harassment, it has emerged.’

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Law Society's Gazette, 23rd January 2023

Source: www.lawgazette.co.uk

Prisoner died after staff were ‘not properly trained to save lives’, coroner rules – The Independent

‘A prisoner died after staff when to provide adequate life support after he was found unresponsive in his bunk, a coroner has ruled.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk