Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Post Office scandal victim feels ‘survivor’s guilt’ after compensation – BBC News

‘Former sub-postmaster Jo Hamilton says she feels “survivor’s guilt” after settling with the Post Office over the Horizon IT scandal for an undisclosed sum.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Family Law Newsletter – February 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – February 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 26th February 2024

Source: www.spirebarristers.co.uk

Ban on Calvin Klein’s FKA twigs ad revoked after ASA climbdown – The Guardian

Posted March 6th, 2024 in advertising, complaints, news, ombudsmen, women by sally

‘The UK’s Advertising Standards Authority has backtracked on its decision to ban a Calvin Klein advertisement featuring the British singer FKA twigs, citing the “strength of public feeling”.’

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The Guardian, 6th March 2024

Source: www.theguardian.com

Savage v Savage – a recent Court of Appeal decision on TLATA – Tanfield Chambers

‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’

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Tanfield Chambers, 22nd February 2024

Source: www.tanfieldchambers.co.uk

Lim and others v Ong – Wilberforce Chambers

Posted March 6th, 2024 in chambers articles, contempt of court, disclosure, enforcement, fraud, news by sally

‘The Defendant was sentenced yesterday to 22 months immediate imprisonment in respect of a vast array of contempts of court, including dealing and dissipating assets in breach of a worldwide freezing order, providing inaccurate ancillary asset disclosure inflating his true asset position, providing false affidavit evidence seeking to justify dissipation, and 59 breaches of the standard form weekly living allowance.’

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Wilberforce Chambers, 21st February 2024

Source: www.wilberforce.co.uk

Long Covid: Health staff go to court for compensation – BBC News

‘Nearly 70 healthcare workers with long Covid will take their fight to the High Court later to sue the NHS and other employers for compensation.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

English anti-suit injunctions in aid of arbitration agreements with a foreign seat – Wilberforce Chambers

Posted March 6th, 2024 in arbitration, chambers articles, foreign jurisdictions, injunctions, news by sally

‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’

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Wilberforce Chambers, 22nd February 2024

Source: www.wilberforce.co.uk

UK science minister apologises and pays damages after academic’s libel action – The Guardian

‘Michelle Donelan, the science minister, has apologised and paid damages after accusing two academics of “sharing extremist views” and one of them of supporting Hamas.’

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The Guardian, 5th March 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2024 in legislation by sally

SI 2024/286 – The Finance Act 2024, Schedule 1 (Research and Development) (Appointed Day) Regulations 2024

SI 2024/281 – The National Health Service Pension Schemes (Amendment) Regulations 2024

SI 2024/274 – The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2024

SI 2024/273 – The Pensions Act 2004 (Codes of Practice) (Revocation) Order 2024

SI 2024/272 – The Football Spectators (2024 UEFA European Championship Control Period) Order 2024

SI 2024/266 – The Carer’s Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024

SI 2024/259 – The Crown Court (Amendment) Rules 2024

SI 2024/254 – The Magistrates’ Courts (Amendment) Rules 2024

SI 2024/253 – The Domestic Abuse Protection Orders (County Court: Relevant Proceedings) Regulations 2024

SI 2024/258 – The Family Court (Composition and Distribution of Business) (Amendment) Rules 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 5th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Pipe v Coventry University Higher Education Corporation [2024] EWCA Civ 191 (04 March 2024)

Assethold Ltd v Eveline Road RTM Company Ltd [2024] EWCA Civ 187 (04 March 2024)

High Court (Administrative Court)

MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin) (04 March 2024)

High Court (Chancery Division)

Project Lietzenburger Strabe Holdco SARL, Re [2024] EWHC 468 (Ch) (04 March 2024)

High Court (Commercial Court)

NTT Ltd & Ors v Goodall [2024] EWHC 445 (Comm) (04 March 2024)

Source: www.bailii.org

Data case shows CAT claims are broadening – OUT-LAW.com

Posted March 5th, 2024 in competition, data protection, news by sally

‘The type of claims being raised in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (CAT) is broadening, with the CAT’s recent certification of a data-related claim the latest example of this trend.’

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OUT-LAW.com, 4th March 2024

Source: www.pinsentmasons.com

Judge rejects challenge to council declining to conduct EHC assessment – Local Government Lawyer

Posted March 5th, 2024 in local government, news, special educational needs, young persons by sally

‘The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.’

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Local Government Lawyer, 4th March 2024

Source: www.localgovernmentlawyer.co.uk

New laws to crack down on online prison content – Ministry of Justice

Posted March 5th, 2024 in media, news, prisons, video recordings by sally

‘New laws will see harmful content filmed inside prisons removed from social media platforms more quickly – shielding victims from further trauma and protecting prison security.’

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Ministry of Justice, 4th March 2024

Source: www.gov.uk

Rapist who complained about lawyers sent counsel ‘thank you’ note – Legal Futures

Posted March 5th, 2024 in appeals, legal advice, news, rape by sally

‘A man convicted of rape has lost an appeal that was based partly on the quality of legal advice, with evidence showing he actually sent his trial counsel a “thank you” card.’

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Legal Futures, 5th March 2024

Source: www.legalfutures.co.uk

It will soon be negligent not to use AI, Master of the Rolls predicts – Legal Futures

‘The day is coming, and soon, when professionals and others will be legally on the hook for not using generative artificial intelligence (GenAI), the Master of the Rolls said yesterday.’

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Legal Futures, 5th March 2024

Source: www.legalfutures.co.uk

Far-right organiser found guilty of intent to stir up racial hatred through distribution of stickers – Crown Prosecution Service

Posted March 5th, 2024 in inciting racial hatred, news, sentencing by sally

‘A far-right activist who set up an online library of racist stickers for supporters to download and put up in their area has been jailed.’

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Crown Prosecution Service, 4th March 2024

Source: www.cps.gov.uk

Companies required to make ‘lawful purpose’ declarations – Law Society’s Gazette

Posted March 5th, 2024 in company law, news, service, trade names by sally

‘New powers for Companies House to query information and to require companies to give legitimate addresses come in to force under the Economic Crime and Corporate Transparency Act 2023 today. The new regime, aimed at curbing misues of the companies register, will also for the first time require people setting up companies to state that the business’ activities will be lawful.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

‘Abusive’ conspiracy claim against top firms and lawyers thrown out – Law Society’s Gazette

Posted March 5th, 2024 in conspiracy, fraud, law firms, news by sally

‘A litigant in person who alleged a conspiracy between two leading firms and a string of lawyers has had his claims thrown out by the High Court.’

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Law Society's Gazette, 5th March 2024

Source: www.lawgazette.co.uk

Three jailed after Redruth attack involving gun and hammer – BBC News

Posted March 5th, 2024 in attempted murder, burglary, firearms, news, sentencing, wounding by sally

‘Three men have been jailed after a burglary and violent attack involving a shooting in Redruth.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk