Are You Fit to Deal with Unfitness? – Local Government Lawyer

‘Michael Grant and Matthew Timm explore the law relating to “fitness for human habitation” and the court’s approach to damages.’

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Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Mediation: Cracking The Hardest Nuts- Some Thoughts After DKH Retail Ltd and Others v City Football Group Ltd [2024] EWHC 3231 (Ch). – 4-5 Gray’s Inn Square

Posted March 24th, 2025 in disclosure, dispute resolution, news, sport, trade marks by sally

‘Mediation: Cracking The Hardest Nuts- Some Thoughts After DKH Retail Ltd and Others v City Football Group Ltd [2024] EWHC 3231 (Ch).’

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4-5 Gary's Inn Square, 18th March 2025

Source: www.4-5.co.uk

4-5 Housing EFLASH: Ofori-Addo v LB Haringey [2025] EWCA Civ 277 – 4-5 Gray’s Inn Square

Posted March 24th, 2025 in chambers articles, homelessness, housing, news by sally

‘The Court of Appeal upheld HHJ Saggerson’s decision on a section 204 appeal in the County Court that where an applicant requests a review on suitability under Part VII of the 1996 Act, the review officer is not obliged to anticipate and consider what further duty (if any) may be owed to the applicant without a request for a review on that basis.’

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4-5 Gray's Inn Square, 21st March 2025

Source: www.4-5.co.uk

The no-profit rule and but-for causation: Rukhadze v Recovery Partners GP Ltd – 4 New Square

Posted March 24th, 2025 in cautions, fiduciary duty, news, strict liability, trusts by sally

‘Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10, decided yesterday, is a landmark decision on the liability of trustees and other fiduciaries to account for unauthorised profits. It decides that the liability is strict and does not depend on whether the principal would have made the same profit or would have consented to the fiduciary keeping all or part of the profit if he had been asked. All that is needed is a sufficient link between the fiduciary duty and the profit.’

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4 New Square, 20th March 2025

Source: www.4newsquare.com

Unprofessional conduct vs freedom of religious expression: Leger – Law & Religion UK

‘In R (Leger) v Secretary of State for Education [2025] EWHC 665 (Admin), Ms Gladwys Leger was a teacher at Bishop Justus Church of England School [5]. She is “a born-again ‘conservative’ Roman Catholic” who believes that biological sex is immutable and should not be tampered with and that sexual relationships should only exist within a marriage between a man and a woman [8]. She brought a claim arising from her dismissal from the school.’

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Law & Religion UK, 24th March 2025

Source: lawandreligionuk.com

UK tax tribunal confirms limits of third-party access to documents in appeals – OUT-LAW.com

Posted March 24th, 2025 in appeals, disclosure, news, taxation, third parties, tribunals by sally

‘A recent UK tax tribunal ruling has clarified that there is no default position for granting applications by third parties for disclosure of documents in tax appeals, while making it clear that third parties have to show a good reason for seeking access to a document.’

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OUT-LAW.com, 21st March 2025

Source: www.pinsentmasons.com

English court mirrors Hong Kong SAR approach to seal and gag and third party disclosure orders – OUT-LAW.com

Posted March 24th, 2025 in disclosure, fraud, freezing injunctions, news, third parties by sally

‘A court in England has echoed the approach taken by the courts in the Hong Kong Special Administrative Region (SAR) and the BVI in relation to the process for hearing applications for seal and gag orders and a third-party disclosure order.’

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OUT-LAW.com, 21st March 2025

Source: www.pinsentmasons.com

Employment tribunal erred in law in not granting anonymity, EAT finds – Law Society’s Gazette

Posted March 24th, 2025 in anonymity, employment tribunals, news, universities by sally

‘A university lecturer who brought an employment tribunal claim against his employer has won his bid for anonymity after the employment tribunal initially rejected the application.’

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Law Society's Gazette, 21st March 2025

Source: www.lawgazette.co.uk

Court interpreting system ‘poses significant risk to justice’ – Law Society’s Gazette

Posted March 24th, 2025 in courts, inquiries, interpreters, news, public procurement by sally

‘The current state of interpreting services in the courts is inefficient, ineffective and poses a risk to the administration of justice, peers declared today following an extensive inquiry. The government was urged to use a current procurement for language services contracts to reform the sector “or risk reinforcing significant jeopardy to justice for the foreseeable future”.’

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Law Society's Gazette, 24th March 2025

Source: www.lawgazette.co.uk

Ban on unregulated experts in family courts proposed for England and Wales – The Guardian

Posted March 24th, 2025 in children, expert witnesses, family courts, news by sally

‘Unregulated experts could be banned from the family courts under new proposals for proceedings involving children in England and Wales. The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed changes to the rules, which are now out for public consultation. It follows growing concern from MPs and campaigners about court-appointed experts who advise on life-changing decisions without having the necessary qualifications. But some organisations say it does not go far enough.’

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The Guardian, 22nd March 2025

Source: www.theguardian.com

Black student accuses Met and CPS of misusing laws over use of N-word – The Guardian

Posted March 24th, 2025 in Crown Prosecution Service, hate crime, minorities, news, police, prosecutions by sally

‘A 22-year-old black student has accused police and prosecutors of misusing hate speech laws intended to protect minorities after she was charged for using the N-word in a tweet.’

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The Guardian, 21st March 2025

Source: www.theguardian.com

Scouse Dave county lines gang members jailed – BBC News

‘Five members of a county lines drug gang known as the Scouse Dave Line have been jailed.’

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BBC News, 21st March 2025

Source: www.bbc.co.uk

Teachers in divorce ‘limbo’ take pension legal action – BBC News

Posted March 24th, 2025 in class actions, compensation, delay, divorce, families, news, pensions, teachers by sally

‘Teachers unable to get divorced because of delays getting their pensions valued are taking legal action against the government. Hundreds of teachers have been frustrated by long delays that left them “in limbo”, unable to move on with their lives or plan for their future.’

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BBC news, 24th March 2025

Source: www.bbc.co.uk

Hospital worker who took pressure cooker bomb into maternity ward jailed for life – The Independent

Posted March 24th, 2025 in explosives, hospitals, imprisonment, Islam, news, sentencing, terrorism by sally

‘A man who took a viable pressure cooker bomb into a Leeds hospital intending to “kill as many nurses as possible”, has been jailed at Sheffield Crown Court for life and will serve a minimum of 37 years.’

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The Independent, 21st March 2025

Source: www.independent.co.uk

Prosecutors told to do more to strip ‘revenge porn’ abusers of victim images – The Guardian

‘The Crown Prosecution Service is to update its guidance on so-called “revenge porn” crimes to stop perpetrators being allowed to keep explicit photos of their victims.’

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The Guardian, 23rd March 2025

Source: www.theguardian.com

Teenagers excluded from school ‘twice as likely’ to commit serious violence – The Guardian

‘Teenagers who are permanently excluded from school are twice as likely to commit serious violence within a year of their expulsion than those who were merely suspended, a large-scale new analysis of police and education records has shown.’

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The Guardian, 22nd March 2025

Source: www.theguardian.com

Upper Tribunal Hands Down Landfill Tax Judgment – Devereux Chambers

‘The Upper Tribunal has handed down its decision in Singleton Birch & Anor v HMRC [2025] UKUT 72 (TCC) – the first appellate decision to consider the interpretation of the Landfill Tax (Qualifying Material) Order 2011 (‘QMO’).’

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Devereux Chambers, 11th March 2025

Source: www.devereuxchambers.co.uk

Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10 – Blackstone Chambers

‘The Supreme Court has handed down judgment in an important appeal concerning fiduciary duties. Three individuals who had been appointed by their principal to pursue a lucrative business opportunity decided instead to pursue it for their own benefit. They were found at trial to have breached fiduciary duties owed to their principal. On the taking of an account of profits, they were found to have earned around $170m from the pursuit of the business opportunity, and were ordered to account to the principal for the entire sum less a 25% equitable allowance to reflect the work they had done in generating it’

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Blackstone Chambers, 19th March 2025

Source: www.blackstonechambers.com

Burial of a baptismal font – some considerations – Law & Religion UK

Posted March 21st, 2025 in burials and cremation, Christianity, Church of England, faculties, news by sally

‘The disposal options for unwanted baptismal fonts were reviewed in an earlier post, which reached the following conclusions:

There is an important distinction between the treatment of the font bowl and its plinth;
Canon F1 relates to use of the bowl of the font in church;.
There is no restriction in ecclesiastical law on the burial of a font in the churchyard, though this is often the disposal option of last resort;
There is a legacy of poorly-sited fonts which can result in health and safety issues, and problems in access and their liturgical use.

In the recent judgment Re St. Paul Heslington [2025] ECC Yor 1, the Petitioners sought to dispose of a nineteenth century font which, as part of a major reordering in 1973, had been placed outside the church and used as a plant holder; in its place was “a bold stainless steel font (the “New Font”), surmounted by a dove” [3]. Unsurprisingly, the condition of the Original Font deteriorated and in 2022 all its salvageable parts were brought into the church (i.e. the bowl and the shattered remains of the plinth and lower section) [8].’

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Law & Religion UK, 21st March 2025

Source: lawandreligionuk.com

Breaking new ground – The tribunal’s approach to ‘just and equitable’ in Remediation Contribution Orders – Local Government Lawyer

‘The First Tier Tribunal (the tribunal) has handed down a judgment in the case of Grey GR Limited Partnership v Edgewater (Stevenage) Limited and others [2025] UKFTT concerning a Remediation Contribution Order (RCO), marking an important development in building safety legal proceedings.’

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Local Government Lawyer, 20th March 2025

Source: www.localgovernmentlawyer.co.uk