Covid loans secrecy is in the public interest, tribunal rules – Law Society’s Gazette

Posted January 9th, 2023 in anonymity, appeals, company law, coronavirus, fraud, government departments, loans, news, public interest by sally

‘The public interest in preventing prejudice to commercial interests trumps the public interest in publishing details of recipients of emergency Covid loans, the First Tier Tribunal has ruled. In Spotlight on Corrupton & Anor v The Information Commissioner & The British Business Bank, tribunal judge Sophie Buckley rejected two appeals against the information commissioner’s decision not to require the British Business Bank to identify all the businesses that had taken out loans under four government schemes during the pandemic.’

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Law Society’s Gazette, 6th January 2023

Source: www.lawgazette.co.uk

Children face multiple safeguarding risks at out-of-school settings in England – The Guardian

Posted January 9th, 2023 in children, government departments, health & safety, local government, news, pilot schemes by sally

‘A government report has identified multiple safeguarding risks at “out-of-school settings” (OOSS), which include sports clubs, tuition centres and uniformed youth groups attended by millions of children across England every week, prompting calls for better oversight of the sector.’

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The Guardian, 9th January 2023

Source: www.theguardian.com

Recoverability of VAT on Costs – Guildhall Chambers

Posted January 9th, 2023 in chambers articles, costs, news, VAT by sally

‘The issue of the recoverability of VAT in the assessment of costs is unusual, but a 20% difference in the sum to be paid as a paying party can be very significant. The issue became very contentious in this case, with the RP contending in their skeleton argument that the point raised was “bizarre and bound to fail”.’

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Guildhall Chambers, 6th December 2022

Source: www.guildhallchambers.co.uk

Cambridgeshire County Council to pay compensation over ‘unprofessional’ carer – BBC News

Posted January 9th, 2023 in bereavement, care workers, compensation, families, local government, news, ombudsmen, professional conduct by sally

‘Cambridgeshire County Council is to compensate the family of a woman whose carer “wailed” on the floor after she was told of her client’s death.’

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BBC News, 9th January 2023

Source: www.bbc.co.uk

Maranello Rosso Ltd v Lohomij B.V. & others – Blackstone Chambers

Posted January 9th, 2023 in appeals, chambers articles, conspiracy, fraud, interpretation, news by sally

‘The Court of Appeal has handed down a significant judgment on the interpretation of settlement agreements; and specifically, whether a settlement agreement was intended to, and has the effect of, precluding or releasing claims arising from fraud, conspiracy or other intentional wrongdoing despite not expressly referring to such claims.’

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Blackstone Chambers, 21st December 2022

Source: www.blackstonechambers.com

What the UK’s six AI principles mean for financial services – OUT-LAW.com

Posted January 6th, 2023 in artificial intelligence, financial regulation, news by sally

‘Financial services firms can take steps now to prepare for the planned introduction of a new system of regulation for artificial intelligence (AI) systems in the UK.’

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OUT-LAW.com, 5th January 2023

Source: www.pinsentmasons.com

Statutory Instruments – legislation.gov.uk

Posted January 6th, 2023 in legislation by sally

SI 2023/2 – The Health Protection (Coronavirus, International Travel from China) (England) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 6th, 2023 in law reports by sally

High Court (Chancery Division)

Declan Colgan Music Ltd v Umg Recordings, Inc [2023] EWHC 4 (Ch) (05 January 2023)

London Borough of Croydon v Oasis Community Learning [2023] EWHC 2 (Ch) (04 January 2023)

Source: www.bailii.org

Cases of the Year: 2022 – UK Human Rights Blog

Posted January 6th, 2023 in human rights, news by sally

‘The year passed was, unsurprisingly, another year of tumult and surprise, something that by now registers as the norm rather than an aberration. Even so, 2022 must be a standout year – even by recent standards. From Russia’s invasion of Ukraine to the death of Queen Elizabeth II, the collapse of two consecutive Tory governments, dramatic election results around the world from Israel to Brazil, and in the run up to the festive season a football World Cup as mired in human rights controversy as in any sporting event can be, 2022 was not a quiet year.’

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UK Human Rights Blog, 5th January 2023

Source: ukhumanrightsblog.com

Case Management Decisions – are they appealable? – Becket Chambers

Posted January 6th, 2023 in appeals, case management, chambers articles, news by sally

‘“No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise of the court’s case management powers. This judgment may surprise some people, and it would be interesting to see what the Court of Appeal would decide if it was further appealed.’

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Becket Chambers, 21st December 2022

Source: becket-chambers.co.uk

Can the tables ever be turned: when can professionals sue their clients for breaching duties to them? by Helen Evans KC – 4 New Square Chambers

Posted January 6th, 2023 in appeals, chambers articles, compensation, deceit, law firms, legal profession, news, solicitors by sally

‘When professionals are sued, it’s not unusual for them to make an assertion that their clients were “up to something”, or to complain that they had provided wilfully misleading or incomplete instructions.’

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4 New Square Chambers, 7th December 2022

Source: www.4newsquare.com

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

Posted January 6th, 2023 in accidents, causation, chambers articles, damages, delay, medical treatment, negligence, news, personal injuries by sally

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Subsidy Control Act 2022 in force – Local Government Lawyer

Posted January 6th, 2023 in local government, news, state aids by sally

‘Steve Gummer, Saira Ahmed and Oliver Slater consider the Subsidy Control Act 2022, which came into force this week (4 January 2023). The Act sets out the UK’s prevailing subsidy control rules. Public authorities should consult the Act when contemplating the award of subsidies.’

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Local Government Lawyer, 6th January 2023

Source: www.localgovernmentlawyer.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

Posted January 6th, 2023 in chambers articles, costs, damages, negligence, news, part 36 offers, personal injuries by sally

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer

Posted January 6th, 2023 in domestic violence, equality, housing, judicial review, local government, news by sally

“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”

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Local Government Lawyer, 5th January 2023

Source: www.localgovernmentlawyer.co.uk

Teenage girl awarded £25k compensation after assault at school – Local Government Lawyer

Posted January 6th, 2023 in assault, compensation, duty of care, news, school children, sentencing, sexual offences by sally

‘A teenage girl has been awarded £25,000 in compensation after she suffered sexual assault at school by a boy who had been moved from another school where he was under police investigation for similar alleged criminal offences.’

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Local Government Lawyer, 6th January 2023

Source: www.localgovernmentlawyer.co.uk

SRA can enforce costs order against solicitor struck off in 2010 – Legal Futures

Posted January 6th, 2023 in costs, deceit, disciplinary procedures, enforcement, news, professional conduct, solicitors, Solicitors Regulation Authority, time limits by sally

‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 6th January 2023

Source: www.legalfutures.co.uk

Outdated laws on disposal of the deceased to be reviewed, including burials, cremation and other methods – Law Commission

Posted January 6th, 2023 in burials and cremation, Law Commission, news, statute law revision by sally

‘The Law Commission of England and Wales has begun a new project that will review the ancient laws that govern the process of dealing with the remains of the deceased – bringing them into line with modern needs.’

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Law Commission, 22nd December 2022

Source: www.lawcom.gov.uk

Civil legal aid review ‘to report in 2024’ – Law Society’s Gazette

Posted January 6th, 2023 in civil justice, legal aid, Ministry of Justice, news by sally

‘The Ministry of Justice has finally set the ball rolling on its major review of the civil legal aid sector. However, the timetable suggests any measures to save the shrinking sector may not be implemented until late 2024 at the earliest, in the likely runup to the next general election.’

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Law Society's Gazette, 5th January 2023

Source: www.lawgazette.co.uk

The ‘Syringe Method’ of Surrogacy and the Law – Family Law Week

Posted January 6th, 2023 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by sally

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk