Free legal advice aims to help thousands of people facing eviction each year – The Independent

Posted August 1st, 2023 in bills, homelessness, housing, legal advice, news, repossession, statistics by sally

‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

New evidence claimed to undermine nurse’s conviction for killing patients – The Guardian

Posted August 1st, 2023 in evidence, murder, news, nurses, poisoning, statistics by sally

‘Fresh evidence has emerged that it is claimed undermines the conviction of a nurse jailed for life 17 years ago for murdering two of his patients and poisoning 15 others.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’

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Gatehouse Chambers, 25th July 2023

Source: gatehouselaw.co.uk

A practical guide to unfair prejudice petitions – St John’s Chambers

‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’

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St John's Chambers, 3rd July 2023

Source: www.stjohnschambers.co.uk

Article 31 and inadmissibility under Part 4A Nationality, Immigration and Asylum Act 2002 – EIN Blog

‘Many practitioners will be aware that the Secretary of State for the Home Department’s (“SSHD”) “Rwanda plan” met with the Court of Appeal’s disapproval recently in a majority decision in AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (on appeal from the High Court: AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230). The Court found that any attempt to remove refugees to Rwanda whose claims the SSHD adjudged to be inadmissible would breach the non-refoulment provisions of Article 33 of the 1951 Refugee Convention (“RC”) and thereby also Article 3 of the 1950 European Convention of Human Rights (“ECHR”).’

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EIN Blog, 31st July 2023

Source: www.ein.org.uk

Council told to pay £6,000 after condition of property forced family to share one bedroom – Local Government Lawyer

Posted August 1st, 2023 in compensation, housing, local government, news, ombudsmen by sally

‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

The Reliability and Relevance of Historical Occupational Audiograms: Testing Times – Ropewalk Chambers

Posted August 1st, 2023 in chambers articles, disabled persons, industrial injuries, news, noise by sally

‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’

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Ropewalk Chambers, 19th July 2023

Source: ropewalk.co.uk

Watchdog shuts three solicitors firms accused in asylum sting – The Guardian

‘Three law firms in England accused of wrongdoing in dealing with asylum applications have been shut down by the solicitors’ watchdog.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Shoplifters who commit repeat offences to face prison – The Guardian

Posted August 1st, 2023 in burglary, imprisonment, news, recidivists, sentencing, theft, violent offenders by sally

‘Shoplifters, burglars and violent criminals who commit repeat offences will be handed mandatory prison sentences under plans being drawn up by ministers.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – Wilberforce Chambers

Posted August 1st, 2023 in chambers articles, mistake, news, tax avoidance by sally

‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’

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Wilberforce Chambers, 31st July 2023

Source: www.wilberforce.co.uk

Consumer Duty: ‘most significant change’ to UK financial services regulation in a decade comes into force – OUT-LAW.com

Posted August 1st, 2023 in complaints, consumer protection, financial regulation, news, ombudsmen by sally

‘The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.’

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OUT-LAW.com, 31st July 2023

Source: www.pinsentmasons.com

Environmental Law News Update – Six Pump Court

‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’

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Six Pump Court, 31st July 2023

Source: 6pumpcourt.co.uk

Wild camping allowed on Dartmoor again after court appeal succeeds – The Guardian

Posted August 1st, 2023 in appeals, commons, news, statutory interpretation by sally

‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

UK imposes sanctions on Russian judges for sentencing of Putin opponent – The Guardian

Posted August 1st, 2023 in expert witnesses, judges, news, Russia, sanctions, sentencing, treason by sally

‘The UK government has imposed sanctions on those involved in the “deplorable” sentencing of the dual-national dissident Vladimir Kara-Murza after a Russian court dismissed his appeal against a 25-year sentence.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

LSB has “no role” in regulating lawful use of NDAs, Bar Council says – Legal Futures

Posted August 1st, 2023 in barristers, Legal Services Board, news, non-disclosure agreements by sally

‘The Legal Services Board (LSB) has “no role” in “attempting to control or regulate lawyers involved in assisting clients in the lawful use of NDAs”, the Bar Council has said.’

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Legal Futures, 1st August 2023

Source: www.legalfutures.co.uk

Just Stop Oil protesters have appeals blocked over Dartford crossing sentences – The Guardian

Posted August 1st, 2023 in appeals, demonstrations, environmental protection, news, nuisance, roads, sentencing by sally

‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

“Spiritual abuse” – the “lessons learnt” reviews – Law & Religion UK

‘On 21 July 2023, the Diocese of Oxford issued the Press Release Learning Lessons Review: Revd Michael Hall, (“the Hall Review”), concerning the safeguarding case review it commissioned in April 2022 into allegations of spiritual abuse connected with St Margaret’s, Tylers Green, High Wycombe between 1981 and 2000. The review was the most recent of such “lessons learnt” reviews from the Diocese[1] and provides a present-day perspective of the Church’s approach to spiritual abuse both during and after the events at St Margaret’s.’

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Law & Religion UK, 31st July 2023

Source: lawandreligionuk.com