Will an office-holder be immune from future claims when a court approves their decision? – Guildhall Chambers

Posted October 3rd, 2023 in abuse of process, immunity, negligence, news, receivers, striking out by sally

‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’

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Guildhall Chambers, 15th September 2023

Source: www.guildhallchambers.co.uk

The use of hindsight in share sale breach of warranty claims – Littleton Chambers

Posted October 3rd, 2023 in chambers articles, damages, news, warranties by sally

‘On a share sale breach of warranty claim, will the court allow matters post-sale to influence quantum?’

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Littleton Chambers, 8th September 2023

Source: littletonchambers.com

Doing the Time – Mountford Chambers

Posted October 3rd, 2023 in chambers articles, detention and training orders, news, remand, sentencing, young offenders by sally

‘The last two years has brought a myriad of changes to the proportion of a custodial sentence that offenders will actually have to serve. Many factors are beyond the control of judges or counsel, and many of the changes have been made without fanfare. Some of the changes are welcome news. The fact that time on remand for youths sentenced to Detention and Training Orders (“DTO’s”) now actually counts towards the detention period seems like a long overdue victory for fairness and common sense. Others have inevitably contributed to the escalating prison population. Alexandra Scott gives an overview of the regime as currently stands.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

Western Beach Apartments v Leaseholders: fire safety, lease variations and remedies under the Building Safety Act – Tanfield Chambers

Posted October 3rd, 2023 in news by sally

‘On 3 August 2023, the First-tier Tribunal (Property Chamber), in Western Beach Apartments v Leaseholders (LON/00BB/LVL/2021/0008), ordered the variation of leases under section 35 of the Landlord and Tenant Act 1987 (“the 1987 Act”), in respect of 119 flats at Western Beach Apartments, 36 Hanover Avenue, London E16, a substantial residential development on the site of the Royal Docks.’

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Tanfield Chambers, 14th September 2023

Source: www.tanfieldchambers.co.uk

London borough accused appellants of fraud with “no adequate evidence”, tribunal finds – Local Government Lawyer

Posted October 3rd, 2023 in forgery, fraud, local government, London, news, penalties, road traffic, tribunals by sally

‘A London Tribunal has ordered a penalty charge notice (PCN) to be cancelled after finding the London Borough of Newham accused the appellants of forging defective PCNs “with no adequate evidence to support the allegation”.’

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Local Government Lawyer, 2nd October 2023

Source: www.localgovernmentlawyer.co.uk

Tying the Knot Abroad – Family Law

Posted October 3rd, 2023 in divorce, embassies, financial provision, foreign jurisdictions, marriage, news by sally

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

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Family Law, 2nd October 2023

Source: www.familylaw.co.uk

Invalid marriages and non-qualifying ceremonies: Tousi – Law & Religion UK

Posted October 3rd, 2023 in foreign jurisdictions, landlord & tenant, marriage, news, Ukraine by sally

‘In Tousi v Gaydukova [2023] EWHC 404 (Fam), Mr Tousi was an Iranian national and Ms Gaydukova a Ukrainian: both had UK citizenship. They were married at the Iranian Embassy in Kyiv in 1997 but the marriage was not “registered” with the Ukrainian state authorities. According to Ms Gaydukova, they were well aware of the need to register and on three occasions she attempted to do so, but Mr Tousi refused to cooperate. Mr Tousi argued that “he chose not to register the marriage because he saw it as a celebratory social event in which he was uninterested”.’

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Law & Religion UK, 2nd October 2023

Source: lawandreligionuk.com

Take care of privacy rules when monitoring staff, watchdog warns employers – The Independent

Posted October 3rd, 2023 in data protection, employment, news, privacy by sally

‘The information watchdog has warned employers that it will take action if their monitoring of employees oversteps the line.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

Suella Braverman is wrong about the UN refugee convention being ‘not fit for purpose’ – here’s why – EIN Blog

Posted October 3rd, 2023 in immigration, news, refugees, treaties, United Nations by sally

‘The UK’s home secretary, Suella Braverman – the minister responsible for setting immigration policy – has said the United Nations refugee convention is not “fit for our modern age” and should be renegotiated.’

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EIN Blog, 2nd October 2023

Source: www.ein.org.uk

UK’s ‘broken’ criminal justice system is in ‘chaos’, former victims’ tsar warns – The Independent

Posted October 3rd, 2023 in criminal justice, delay, news, victims by sally

‘The “broken” criminal justice system is in “chaos” with Rishi Sunak’s government showing “no creative thinking” in its approach to easing the courts backlog, the former victims’ commissioner has warned.’

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The Independent, 3rd October 2023

Source: www.independent.co.uk

Ancient tribunal to consider why lights on Southampton bridge are blue – The Guardian

Posted October 3rd, 2023 in courts, harbours, legal history, news, ships, sport by sally

‘In medieval times the court leet in Hampshire dealt with matters such as wrangles over water supply, the grazing of stock and what a proper measure of beer looked like.’

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The Guardian, 2nd October 2023

Source: www.theguardian.com

‘You cr** where you eat’: Grim state of UK prisons revealed as inmates crammed into cells for 23 hours a day – The Independent

Posted October 3rd, 2023 in mental health, news, prisons, self-harm, suicide by sally

‘Former inmates have revealed the “disgusting” conditions they are living under in some of the UK’s most overcrowded prisons as new figures show the crisis is nearing breaking point.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

Jade Ward: Pride of murdered woman’s family over law change – BBC News

Posted October 3rd, 2023 in bills, children, domestic violence, murder, news, parental responsibility, parental rights by sally

‘The family of a woman who was murdered by her estranged husband say they are “overjoyed” that parental rights laws will be changed in her name.’

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BBC News, 3rd October 2023

Source: www.bbc.co.uk

Dame Sue Carr sworn in as Lady Chief Justice – Courts and Tribunals Judiciary

Posted October 3rd, 2023 in judges, judiciary, news, oaths by sally

‘Dame Sue Carr today [2 October] becomes, and will be known as, the Lady Chief Justice of England and Wales.’

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Courts and Tribunals Judiciary, 2nd October 2023

Source: www.judiciary.uk

Experts call for Lucy Letby inquiry to cover statistical evidence used in trial – The Guardian

Posted October 3rd, 2023 in birth, children, evidence, hospitals, inquiries, murder, news, nurses, statistics by sally

‘The Royal Statistical Society (RSS) is calling for the Lucy Letby inquiry to cover statistical evidence used in the trial of the serial baby killer, saying it can be difficult “to draw conclusions from suspicious clusters of deaths” in hospitals.’

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The Guardian, 3rd October 2023

Source: www.theguardian.com

High Court rejects appeal from “I like what I see” solicitor – Legal Futures

Posted October 3rd, 2023 in appeals, disciplinary procedures, fines, law firms, news, recruitment, sex discrimination, solicitors, standard of proof by sally

‘The High Court has rejected an appeal against a £20,000 fine imposed on a male law firm owner who said “mmm, I like what I see” to a young woman applying for a paralegal position.’

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Legal Futures, 3rd October 2023

Source: www.legalfutures.co.uk

The new right to request a predictable work pattern – Mills & Reeve

Posted October 2nd, 2023 in chambers articles, employment, flexible working, news by sally

‘Legislation due to come into force next year establishes a new legal framework for discussions about unpredictable working patterns.’

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Mills & Reeve, 28th September 2023

Source: www.mills-reeve.com

Woman alleging menopause discrimination to be heard by employment tribunal in legal first – The Independent

Posted October 2nd, 2023 in disability discrimination, disabled persons, employment, employment tribunals, equality, harassment, local government, menopause, news, sex discrimination, social services, women by sally

‘The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by an employment tribunal this week in a legal first.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

New legislation paves the way for a digital application process for lasting powers of attorney – Mills & Reeve

Posted October 2nd, 2023 in bills, chambers articles, internet, news, powers of attorney by sally

‘A Powers of Attorney Bill, which will enable lasting powers of attorney (LPAs) to be applied for digitally, has passed through parliament successfully and received Royal Assent.’

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Mills & Reeve, 29th September 2023

Source: www.mills-reeve.com

SRA fines law firm £45,000 for how it ran financial mis-selling claims – Legal Futures

Posted October 2nd, 2023 in banking, complaints, fines, law firms, news, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has slapped a law firm with a £45,000 fine for multiple failures in its conduct of financial mis-selling claims.’

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Legal Futures, 2nd October 2023

Source: www.legalfutures.co.uk