Fulham FC v Jones [2022] EWHC 1108 (QB) – Blackstone Chambers

Posted May 24th, 2022 in news by sally

‘The claim, brought by Mr Jones, concerned a tackle that occurred in the second half of a competitive football match played between the u18s teams of Swansea FC (Mr Jones’s team) and Fulham FC. In the course of the match, Mr Jones was tackled by a Fulham player, Mr Jayden Harris.’

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Blackstone Chambers, 18th May 2022

Source: www.sportslawbulletin.org

Court of Appeal: transfer of assets abroad tax rules should be ‘kept in reserve’ – OUT-LAW.com

Posted May 24th, 2022 in news by sally

‘HM Revenue & Customs should not be seeking to apply the transfer of assets abroad (TOAA) code in priority over the standard employment tax provisions, the Court of Appeal in London has suggested.’

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OUT-LAW.com, 23rd May 2022

Source: www.pinsentmasons.com

Why The Human Rights Act Matters To Journalists – Each Other

Posted May 24th, 2022 in bills, human rights, media, news by sally

‘The Justice Secretary, Dominic Raab, recently took to the Mail Online to justify his plans to introduce a Bill of Rights replacing the Human Rights Act (HRA), the UK law that obliges the government to ensure our rights as citizens are upheld.’

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Each Other, 23rd May 2022

Source: eachother.org.uk

Make legal advice available at GP surgeries and libraries, says think tank – Legal Futures

Posted May 23rd, 2022 in civil justice, doctors, legal advice, libraries, local government, news by sally

‘Making legal advice available at GP surgeries, council offices, libraries and other convenient locations can help more people get more “timely” access to civil justice, according to a think tank report published today.’

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Legal Futures, 23rd May 2022

Source: www.legalfutures.co.uk

Agent’s abused former partner in legal action against MI5 – BBC News

‘A woman who was terrorised and abused by an MI5 agent is taking legal action against the security service.’

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BBC News, 21st May 2022

Source: www.bbc.co.uk

The Specialist Commercial Bar & Black Inclusion – First Steps – The Chancery Bar Association

Posted May 23rd, 2022 in barristers, diversity, equality, news by sally

‘The Equality and Diversity Sub-Committees of COMBAR, ChBA and Tecbar (the “SBAs”) are delighted to issue the report “The Specialist Commercial Bar & Black Inclusion – First Steps” (“the Report”) for consideration by members and member sets.’

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The Chancery Bar Association, April 2022

Source: www.chba.org.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

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Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

The Whole Life Order: Have the Floodgates Been Opened? – Pump Court Chambers

‘Events that occurred in March 2021 instituted a widespread heated debate both domestically and internationally as a consequence of the murder of Sarah Everard at the hands of police officer Wayne Couzens. It sparked a global women’s safety movement and erosion of public confidence in police protection, alongside sparking conversations around inequality, misogyny and victim-blaming. Further, it was also a rare case of a whole life order being handed down for a single murder. Up there in the list of the most famous names in criminal history with Myra Hindley, Peter Sutcliffe and Rosemary West, now stands the name Wayne Couzens. Putting aside societal, political and media considerations regarding this sentence, can interpretation of the statute and of sentencing provisions in this case be seen as opening the floodgates?’

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Pump Court Chambers, 10th May 2022

Source: www.pumpcourtchambers.com

Legal smoking age in England could be raised to 21 – report – The Guardian

Posted May 23rd, 2022 in age of consent, government departments, health, news, smoking, young persons by sally

‘The legal smoking age in England could reportedly be raised from 18 to 21 after a “radical” review into plans to make the country smoke-free by 2030.’

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The Guardian, 21st May 2022

Source: www.theguardian.com

Court of Protection Newsletter – Spire Barristers

Posted May 23rd, 2022 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 16th May 2022

Source: spirebarristers.co.uk

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

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St Philips Barristers, 6th May 2022

Source: st-philips.com

‘Wagatha Christie’ puts England’s legal system on trial in the social media age – The Guardian

Posted May 23rd, 2022 in civil justice, defamation, internet, media, news by sally

‘People poke fun at the lawyers, but there are serious concerns about how the law deals with everyone being a publisher.’

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The Guardian, 20th May 2022

Source: www.theguardian.com

Article by Tonicha Allen and Anna Chambers: No Fault Divorce, Help or Hindrance? – Park Square Barristers

Posted May 23rd, 2022 in chambers articles, divorce, families, marriage, married persons, news by sally

‘On the 6th of April 2022 to the delight of many family practitioners, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) instigated a momentous change to divorce proceedings. No fault divorce is now a legitimate way to end a marriage.’

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Park Square Barristers, 11th May 2022

Source: www.parksquarebarristers.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

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Monckton Chambers, 9th May 2022

Source: www.monckton.com

Media reporters’ Charter – open justice, but only for some – Transparency Project

Posted May 23rd, 2022 in codes of practice, courts, HM Courts Service, media, news by sally

‘A new “Reporters’ Charter” outlining the rights and responsibilities of court reporters has been launched to boost transparency in the justice system, according an announcement by HM Courts and Tribunals Service. The charter, part of the General guidance to staff on supporting media access to courts and tribunals, was developed by the Media Lawyers Association and HM Courts and Tribunals Service and unveiled at the Society of Editors Annual Conference on 11 May 2022.’

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Transparency Project, 22nd May 2022

Source: transparencyproject.org.uk

Legal remedies for victims of investment scams: the decision in Hamblin v World First – New Square Chambers

Posted May 23rd, 2022 in assets recovery, banking, chambers articles, Commercial Court, fraud, news by sally

‘The case of Hamblin v World First 2020 EWHC 2383 (Comm), decided by His Honour Judge Pelling QC, “the Judge”, in the London Circuit Commercial Court, is topical because it represents a claim made by the victim of a scam, Mr Hamblin, to recover his losses not directly from the fraudsters as the direct beneficiaries of the scam, but from the payment service provider, here World First, the company that received the monies from Mr Hamblin into an account set up by the fraudsters, and which, acting on instructions from those fraudsters, arranged for the onward payment of those monies. No allegation of dishonesty was made against the payment service provider nor was it suggested that the payment service provider had actual knowledge of the scam.’

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New Square Chambers, 13th May 2022

Source: www.newsquarechambers.co.uk

Billy Henham: Brighton New Year’s Eve party murderers jailed – BBC News

Posted May 23rd, 2022 in bereavement, families, imprisonment, murder, news, sentencing, young persons by sally

‘Four men have been sentenced to a total of 86 years for murdering a “kind and peaceful” man at a New Year’s Eve party in Brighton.’

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BBC News, 20th May 2022

Source: www.bbc.co.uk

Overhaul of children’s social care in England urgent and unavoidable, review finds – The Guardianship

‘An urgent multibillion-pound overhaul of children’s social care in England is needed to transform the life chances of thousands of vulnerable young people and reform a system that is spiralling out of control, a government-commissioned review has concluded.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk