Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by sally

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer

‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by sally

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

AI helps lawyers complete work quicker, study finds – Legal Futures

Posted November 13th, 2023 in artificial intelligence, legal profession, legal services, news by sally

‘A groundbreaking study has found that using generative AI to support, rather than replace, humans results in “large and consistent increases in speed” in completing legal tasks.’

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Legal Futures, 13th November 2023

Source: www.legalfutures.co.uk

Man who sexually targeted woman with dementia jailed – Crown Prosecution Service

‘A man who sexually assaulted a 93-year-old woman with dementia while employed to deliver hot meals to elderly and vulnerable people has been jailed.’

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Crown Prosecution Service, 10th November 2023

Source: www.cps.gov.uk

Right-wing supremacist sentenced over plot to kill worshipping Muslims while disguised as armed police officer – Crown Prosecution Service

‘A teenage right-wing supremacist has been sentenced to 10 years’ imprisonment after he was convicted of planning to disguise himself as an armed police officer and kill Muslims worshipping at nearby mosques.’

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Crown Prosecution Service, 10th November 2023

Source: www.cps.gov.uk

News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette

Posted November 13th, 2023 in bills, damages, defamation, freedom of expression, media, news, public interest by sally

‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’

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Law Society's Gazette, 10th November 2023

Source: www.lawgazette.co.uk

Royal Mail fined £5.6m by UK regulator for missing delivery targets – The Guardian

Posted November 13th, 2023 in fines, news, ombudsmen, postal service by sally

‘Royal Mail has been fined £5.6m by the regulator for missing its first- and second-class delivery targets.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian

Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by sally

‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

South Gloucestershire families needing respite care failed by council – BBC News

‘Almost a third of families with SEND children needing respite care have been failed by a council, according to a watchdog.’

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BBC News, 12th November 2023

Source: www.bbc.co.uk

Prince Harry wins latest stage in case against Mail publisher – BBC News

Posted November 13th, 2023 in interception, limitations, news, privacy, royal family, telecommunications by sally

‘The Duke of Sussex can go ahead with claims against Associated Newspapers of unlawfully obtaining information, as a court ruling opens the way for a trial.’

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BBC News, 11th November 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 10th, 2023 in legislation by sally

SI 2023/1196 – The Feed Additives (Authorisations) (England) Regulations 2023

SI 2023/1195 – The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Calculation of Maximum Amounts for Cash Calls and Use of Specified Funds) Regulations 2023

SI 2023/1192 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2023

SI 2023/1190 – The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Deferment of Provisions in Resolution Instruments) Regulations 2023

SI 2023/1185 – The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023

SI 2023/1184 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2023

SI 2023/1193 – The Trade Union Act 2016 (Commencement No. 6) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 10th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Evans v Barclays Bank Plc & Ors (Rev1) [2023] EWCA Civ 876 (09 November 2023)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 (09 November 2023)

Secretary of State for Work and Pensions v AT [2023] EWCA Civ 1307 (08 November 2023)

High Court (Administrative Court)

Onwude v General Medical Council [2023] EWHC 2807 (Admin) (09 November 2023)

High Court (Chancery Division)

Ashraf v Attarian & Anor [2023] EWHC 2800 (Ch) (09 November 2023)

Ieropoullos v Wilson [2023] EWHC 2814 (Ch) (09 November 2023)

High Court (Commercial Court)

Chowgule & Company Private Ltd & Anor v Shirke & Ors [2023] EWHC 2815 (Comm) (09 November 2023)

Episo 4 Pilgrim Holding SARL & Anor v Davies [2023] EWHC 2797 (Comm) (09 November 2023)

High Court (Family Division)

C, Re (Change of Forename: Child in Care) [2023] EWHC 2813 (Fam) (09 November 2023)

High Court (King’s Bench Division)

Ward v Oxford University Hospitals NHS Foundation Trust [2023] EWHC 2803 (KB) (09 November 2023)

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2023] EWHC 2794 (KB) (09 November 2023)

Source: www.bailii.org

Court of Appeal backs taxpayer in share exchange anti-avoidance case – OUT-LAW.com

Posted November 10th, 2023 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by sally

‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by sally

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

Possession of nitrous oxide is now illegal – Home Office

Posted November 10th, 2023 in criminal justice, drug abuse, drug offences, news by sally

‘Possession of “laughing gas” is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years.’

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Home Office, 8th November 2023

Source: www.gov.uk

Five men sentenced for bribery and corruption that resulted in a loss of over £400,000 – Crown Prosecution Service

‘Five men have been sentenced today (9 November 2023) over waste disposal contracts that resulted in losses of around £417,000 to Cardiff City Council.’

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Crown Prosecution Service, 9th November 2023

Source: www.cps.gov.uk

Legal Practice Management Association (LPMA) Conference, 9 November 2023 – Bar Standards Board

Posted November 10th, 2023 in barristers, consultations, news by sally

‘Speech by Mark Neale, Director General Bar Standards Board.’

Full speech

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Bar Standards Board, 9th November 2023

Source: www.barstandardsboard.org.uk

Remand decision-making: Justice report reveals disparities in outcome for non-white defendants – Law Society’s Gazette

Posted November 10th, 2023 in bail, codes of practice, imprisonment, magistrates, news, prisons, remand, statistics by sally

‘Magistrates are regularly not following the law when jailing people awaiting trial, according to a report being published by legal thinktank Justice today.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

SRA appeals ‘astonishing’ £5,000 tribunal costs order – Law Society’s Gazette

‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk