End of the road for wishful thinking in asset valuations? – Pensions Barrister

Posted April 25th, 2023 in chambers articles, intellectual property, news, trusts, valuation by sally

‘Paul Newman KC has written a summary of the FTT decision in Morgan Lloyd Trustees Limited & ors v HMRC (31 March 2023). The case concerns the appropriate approach to the valuation of intellectual property rights (including domain names), and will be bad news for trustees hoping to rely on eyebrow-raising expert valuations to escape scheme sanction charges.’

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Pensions Barrister, 25th April 2023

Source: www.pensionsbarrister.com

Multi-defendant cases: the more the merrier? – Law Pod UK

Posted April 25th, 2023 in apportionment, costs, hospitals, negligence, news, podcasts by sally

‘Lucy McCann speaks to Cara Guthrie and Matthew Flinn of 1 Crown Office Row, about multi-defendant litigation in the field of clinical negligence.’

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Law Pod UK, 24th April 2023

Source: audioboom.com

More Than One Person A Month Has Died In Custody This Year – Each Other

Posted April 25th, 2023 in death in custody, news, police, prisons, statistics by sally

‘According to the charity Inquest, since the beginning of the year, six people have died in police custody or otherwise following contact with the police. Last year, 301 people died in prison custody and in 2021 there were 191 deaths in police custody.’

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Each Other, 21st April 2023

Source: eachother.org.uk

BAILII: Recent Decisions

Posted April 25th, 2023 in law reports by sally

Court of Appeal (Civil Division)

AHGR Lyd v Kane-Laverack & Anor [2023] EWCA Civ 428 (21 April 2023)

Harrington v Secretary of State for Work And Pensions [2023] EWCA Civ 433 (21 April 2023)

Quadra Commodities SA v XL Insurance Company SE & Ors [2023] EWCA Civ 432 (21 April 2023)

Court of Appeal (Criminal Division)

Mitchell, R. v [2023] EWCA Crim 424 (21 April 2023)

Parry & Ors, R. v (Rev1) [2023] EWCA Crim 421 (21 April 2023)

High Court (Administrative Court)

World Uyghur Congress (2) v Secretary of State for the Home Department & Ors [2023] EWHC 912 (Admin) (21 April 2023)

CVN, R (On the Application Of) v London Borough of Croydon (Re Costs) [2023] EWHC 865 (Admin) (21 April 2023)

Lynch v Government of the United States of America [2023] EWHC 876 (Admin) (21 April 2023)

High Court (Chancery Division)

WWRT Ltd v Tyshchenko & Anor [2023] EWHC 907 (Ch) (24 April 2023)

Connoisseur Developments Ltd & Ors v Koumis [2023] EWHC 855 (Ch) (24 April 2023)

Brierley v Otuo & Ors [2023] EWHC 919 (Ch) (21 April 2023)

High Court (Commercial Court)

Cipla Ltd v Salix Pharmaceuticals, Inc. [2023] EWHC 910 (Comm) (21 April 2023)

Credit Suisse AG v Burgundy Sea Ltd & Ors [2023] EWHC 809 (Comm) (05 April 2023)

High Court (King’s Bench Division)

Armstrong Watson LLP v Persons Unknown [2023] EWHC 921 (KB) (24 April 2023)

Taylor & Ors v Evans (As Representative of the Labour Party) [2023] EWHC 935 (KB) (24 April 2023)

Tyers v Aegis Defence Services (BVI) Ltd & Ors [2023] EWHC 896 (KB) (21 April 2023)

Source: www.bailii.org

No surrender – Nearly Legal

Posted April 24th, 2023 in appeals, housing, landlord & tenant, local government, news by sally

‘City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB). It is always the joint tenancies that cause problems. This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had succeeded to a secure tenancy. It all turned on whether there had been a surrender and regrant of the tenancy to Mr Rahimi’s grandmother, Mrs Hussain.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Local authority serving notices – requirements – Nearly Legal

Posted April 24th, 2023 in appeals, housing, landlord & tenant, local government, news, notification, repossession by sally

‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Guidance issued on UK immigration reporting duties for hybrid workers – OUT-LAW.com

Posted April 24th, 2023 in employment, government departments, immigration, news, time limits, visas by sally

‘Employers that sponsor foreign workers to work in the UK need to be prepared to report changes to where those workers work to the UK authorities within 10 working days, an immigration expert has said.’

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OUT-LAW.com, 21st April 2023

Source: www.pinsentmasons.com

Cassandra Somers-Joce: Government by WhatsApp: Where are we now? – UK Constitutional Law Association

Posted April 24th, 2023 in codes of practice, constitutional law, electronic mail, freedom of information, government departments, news, public records, telecommunications by sally

‘A new Cabinet Office policy has recently been published which provides guidance on the use of instant messaging technologies, such as WhatsApp, by government officials. The policy discourages the use of non-corporate communications channels (“NCCCs”), particularly when these platforms are accessed on personal devices. The new policy is a welcome development in the regulation of “government by WhatsApp,” and demonstrates better practice with respect to the public law duties which are applicable in this context, namely, the Public Records Act 1958, the Freedom of Information Act 2000 and the common law duty of candour.’

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UK Constitutional Law Association, 22nd April 2023

Source: ukconstitutionallaw.org

Firm ordered to pay ex-client £400k for negligent divorce advice – Legal Futures

Posted April 24th, 2023 in compensation, divorce, financial provision, law firms, legal representation, negligence, news, pensions by sally

‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Barrister fails in appeal over discrimination claim against chambers – Legal Futures

Posted April 24th, 2023 in appeals, barristers, employment, employment tribunals, equality, litigants in person, news, race discrimination by sally

‘An employment tribunal (ET) did not show bias in dismissing a claim brought by a black barrister against his chambers, an appeal tribunal has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Research Briefing: The draft Media Bill: A reading list – House of Commons Library

Posted April 24th, 2023 in bills, media, news, parliament by sally

‘This briefing provides a selection of reading on the draft Media Bill (March 2023).’

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House of Commons Library , 19th April 2023

Source: commonslibrary.parliament.uk

Home Secretary considers new ‘sex for rent’ law – Home Office

Posted April 24th, 2023 in government departments, housing, landlord & tenant, news, sexual offences, women by sally

‘A public call for evidence has been launched to establish the scale of “sex for rent” in the UK and ask if existing laws protect victims.’

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Home Office, 21st April 2023

Source: www.gov.uk

Prosecutors focus on ‘love-bombing’ and other manipulative behaviours when charging controlling offences – Crown Prosecution Service

Posted April 24th, 2023 in codes of practice, coercive & controlling behaviour, Crown Prosecution Service, domestic violence, harassment, news, stalking, victims by sally

‘Updated guidance on controlling behaviour published by the Crown Prosecution Service today emphasises the need for prosecutors to closely scrutinise the actions of a suspect, who can often take steps to disrupt or mislead criminal proceedings.’

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Crown Prosecution Service, 24th April 2023

Source: www.cps.gov.uk

Police force wrong to dismiss ex-MP’s ‘vexatious’ FOI requests – Law Society’s Gazette

Posted April 24th, 2023 in appeals, freedom of information, harassment, news, police by sally

‘A police force was wrong to dismiss as vexatious freedom of information requests from a disgraced former MP, an appeal has ruled. Overturning a decision by the information commissioner, the Information Rights Tribunal reminded South Yorkshire Police that the way to avoid being chased for missing a deadline is not to miss it in the first place.’

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Law Society's Gazette, 21st April 2023

Source: www.lawgazette.co.uk

Crucial hearing in Mastercard litigation begins – Law Society’s Gazette

Posted April 24th, 2023 in appeals, competition, consumer credit, consumer protection, damages, EC law, limitations, news by sally

‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’

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Law Society's Gazette, 24th April 2023

Source: www.lawgazette.co.uk

Rwanda legal battle back in court as judges reconsider whether scheme is lawful – The Independent

Posted April 24th, 2023 in appeals, asylum, bills, deportation, government departments, immigration, news, refugees, Rwanda by sally

‘The next stage of the legal battle over the Rwanda deal will begin today, with the Court of Appeal to reconsider if it is safe to send asylum seekers to the country.’

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The Independent, 24th April 2023

Source: www.independent.co.uk

‘My boss said my miscarriage was the best thing that could happen to me – then I was sacked’ – The Independent

Posted April 24th, 2023 in bullying, employment, equality, harassment, news, pregnancy, unfair dismissal, victims by sally

‘New research shows that one in four women going through fertility treatment say they were subjected to unfair treatment in the workplace.’

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The Independent, 24th April 2023

Source: www.independent.co.uk

Infected blood victims and families urge UK government to drop defence – The Guardian

Posted April 24th, 2023 in bereavement, blood products, compensation, families, government departments, inquiries, misfeasance in public office, news, personal injuries, victims by sally

‘More than 500 people taking the government to court over the contaminated blood scandal are urging it to concede the case in light of evidence heard by a public inquiry and an interim report produced by its chair.’

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The Guardian, 23rd April 2023

Source: www.theguardian.com

Ministers say UK will only detain child refugees in ‘exceptional circumstances’ – The Guardian

Posted April 24th, 2023 in asylum, bills, children, detention, families, government departments, immigration, news, refugees, time limits by sally

‘Ministers have pledged to only detain refugee children in “exceptional circumstances” under a new asylum bill after threats of a rebellion from backbench Conservative MPs.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

River Lugg damage caused by convicted farmer to cost £700k to fix – BBC News

Posted April 24th, 2023 in criminal damage, environmental protection, news, pollution, trees, water by sally

‘Fixing damage caused by a farmer who illegally ripped up trees from the banks of a river may cost about £700,000, the Environment Agency says.’

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BBC News, 23rd April 2023

Source: www.bbc.co.uk