The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

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Pensions Barrister, 9th November 2023

Source: www.pensionsbarrister.com

What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news, noise, personal injuries by sally

‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’

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Farrar's Building, 20th October 2023

Source: www.farrarsbuilding.co.uk

Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

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OUT-LAW.com, 8th November 2023

Source: www.pinsentmasons.com

Domestic-abuse victims fear deportation if they go to police – BBC News

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Magistrates in England not following law on remand decisions, charity finds – The Guardian

‘Magistrates are not following the law when sending thousands of people to jail on remand, exacerbating the prison overcrowding crisis in England, a report suggests.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

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Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

Derbyshire PC guilty over sexual encounter with woman in patrol car – The Guardian

‘A Derbyshire police officer has been convicted of misconduct in a public office after he and a colleague both had sex in a patrol car with a woman to whom they had offered a lift home.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

First Online Safety Act guidance for tech platforms targets grooming – BBC News

Posted November 9th, 2023 in child abuse, children, codes of practice, internet, news, ombudsmen, sexual offences by sally

‘Social media platforms should fight online grooming by not suggesting children as “friends” by default, the communications watchdog says.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

At 17, I was jailed for a murder I didn’t commit – and spent seven life-changing years in prison – The Guardian

‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Paul Bryan: ‘Fantasist’ killer convicted of murder after 39 years on the run – BBC News

Posted November 8th, 2023 in identity fraud, murder, news by sally

‘A “fantasist” killer who assumed the identity of a dead man who had the same name as him has been found guilty of murder some 39 years later.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Marine Environmental Law in the UK: Overview of Current and Proposed Steps – Francis Taylor Building

‘The marine environment is important in many ways. It is vital, therefore, that it is protected. This article explores the current policy and targets in relation to the marine environment around England, both in respect of nature protection and recovery, and targets for renewable energy. It then discusses mechanisms to meet these targets and how these will potentially work together.’

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Francis Taylor Building, 25th October 2023

Source: www.ftbchambers.co.uk

Fessing Up: A Note on Pre-Action Admissions – St Philips Barristers

Posted November 8th, 2023 in appeals, chambers articles, civil procedure rules, news, pre-action conduct by sally

‘This brief article considers the law on admissions made before the commencement of proceedings in the context of the recent revision of Part 14 of the CPR.’

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St Philips Barristers, 24th October 2023

Source: st-philips.com

Lancashire teacher wins £800k over cancer discrimination – BBC News

‘An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Development agreements: the contractual duty to act in good faith – Tanfield Chambers

Posted November 8th, 2023 in chambers articles, construction industry, contracts, news by sally

‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’

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Tanfield Chambers, 25th October 2023

Source: www.tanfieldchambers.co.uk

UK government to introduce legislation to create independent football regulator – The Guardian

Posted November 8th, 2023 in bills, government departments, news, ombudsmen, sport by sally

‘The government is to put a football governance bill before parliament in the coming year, confirming the legislation that will create an independent regulator for the game.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Frank McKeever: Couple convicted of murder after forced ‘confession’ – BBC News

Posted November 8th, 2023 in child abuse, families, murder, news, sexual offences, video recordings by sally

‘A woman and her partner have been found guilty of killing her step-father and dumping his body after they forced him to make a “video confession”.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Captain Tom’s family lose appeal against demolition of spa complex – The Guardian

Posted November 8th, 2023 in appeals, charities, conflict of interest, local government, news, planning by sally

‘The family of Captain Sir Tom Moore have lost a planning application appeal for a spa complex in their garden and have been given three months to demolish the structure.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

1975 Act claims – Is the net estate enough? – St John’s Chambers

Posted November 8th, 2023 in bereavement, chambers articles, families, news, wills by sally

‘Commercial and chancery barrister, Natasha Dzameh has published an article in the Autumn 2023 edition of Entitlement. In this she reviews the 1975 Act case of Amnir v Bala [2023] EWHC 1054 (Ch) where the competing claims meant the seven figure estate was not enough. The parties incurred over £700,000 in legal costs despite there being no active defence after the CCMC.’

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St John's Chambers, 16th October 2023

Source: www.stjohnschambers.co.uk