Money for Nothing? Crypto-Assets and their Implications in Matrimonial and Private Client Work – Pump Court Chambers

Posted April 14th, 2021 in chambers articles, cryptocurrencies, divorce, families, financial dispute resolution, news by sally

‘For the matrimonial finance and private client lawyer, crypto-assets can form a major part of a client’s estate and we are seeing them with increasing frequency. It is vital that we can identify, value and understand them, and advise on their implications for clients, for others interested in client assets, and to assist the court, if necessary.’

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Pump Court Chambers, 19th March 2021

Source: www.pumpcourtchambers.com

Brexit and what it means for the conflict of laws – St John’s Chambers

Posted April 14th, 2021 in brexit, chambers articles, conflict of laws, jurisdiction, news by sally

‘The ‘B’ word and the ‘C’ word in one article… Brexit and the Conflict of laws. Those familiar with private international law will appreciate the central role played by various EU regulations in harmonising the conflict of laws rules governing jurisdiction, applicable law and the recognition and enforcement of judgments across EU Member States (“MSs”). In the commercial context, “Brussels I”, “Rome I” and “Rome II” have (for the most part) worked very well in furthering that objective of harmonisation.’

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St John's Chambers, 29th March 2021

Source: www.stjohnschambers.co.uk

Legal implications of ‘no jab, no job’ – Six Pump Court

Posted April 14th, 2021 in chambers articles, coronavirus, employment, news, vaccination by sally

‘Gordon Menzies considers the legal implications of ‘no jab, no job’ initiatives by employers and offers a guide to some of the relevant factors that should be taken into consideration when such measures are considered.’

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Six Pump Court, 6th April 2021

Source: www.6pumpcourt.co.uk

Covid-19 and the courts – The House of Lords Constitution Committee’s report – Transparency Project

Posted April 14th, 2021 in constitutional law, coronavirus, courts, inquiries, news, select committees by sally

‘In a report published at the end of last month the House of Lords Constitution Committee made a number of criticisms of the way the courts have responded to the coronavirus pandemic and the suspension of live hearings necessitated by the lockdown, and made various recommendations as to the need for more resources to reduce the backlog of cases and create a better justice system for the future.’

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Transparency Project, 11th April 2021

Source: www.transparencyproject.org.uk

F (A Child : Adjournment) [2021] EWCA Civ 469 – Transparency Project

Posted April 14th, 2021 in adjournment, appeals, care orders, child cruelty, children, families, local government, news by sally

‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’

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Transparency Project, 12th April 2021

Source: www.transparencyproject.org.uk

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

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5SAH, 17th March 2021

Source: www.5sah.co.uk

UK Supreme Court: sale and leaseback did not trigger VAT clawback – OUT-LAW.com

Posted April 14th, 2021 in appeals, care homes, HM Revenue & Customs, news, Supreme Court, VAT by sally

‘The sale and leaseback of a newly constructed care home was not a disposal of the entire interest in the care home, so as to trigger a claw-back of the VAT zero-rating which had applied when the property was acquired from the developer, the UK’s Supreme Court has decided.’

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OUT-LAW.com, 13th April 2021

Source: www.pinsentmasons.com

Rent Repayment Orders and Multiple Offences – 3PB

Posted April 14th, 2021 in chambers articles, housing, landlord & tenant, news by sally

‘The term ‘rogue landlords’ has been around for many years.’

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3PB, 18th March 2021

Source: www.3pb.co.uk

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

Posted April 14th, 2021 in appeals, chambers articles, employment, employment tribunals, equality, news, race discrimination, time limits by sally

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Home Office faces inquiry into use of barracks to house asylum seekers – The Guardian

Posted April 14th, 2021 in asylum, detention, government departments, housing, immigration, inquiries, news by sally

‘MPs and peers from the all-party parliamentary group (APPG) on immigration detention agreed to proceed with the inquiry at a private meeting on 17 March. The cross-party group is due to publish its initial findings before the summer recess and hopes its findings can inform parliamentary discussions about the Home Office’s new plans for asylum seekers.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

The role of courts at the seat of arbitration – Law Society’s Gazette

Posted April 14th, 2021 in appeals, arbitration, case management, courts, jurisdiction, news by sally

‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Is there still any place for supervision orders? – Transparency Project

Posted April 14th, 2021 in children, families, local government, news, parental responsibility, supervision orders by sally

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

Posted April 14th, 2021 in compensation, computer crime, consultations, indemnities, insurance, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk

‘Direct discrimination’: extremely vulnerable fans barred from Carabao Cup final – The Guardian

Posted April 14th, 2021 in coronavirus, disability discrimination, disabled persons, equality, news, sport by sally

‘The decision to bar clinically extremely vulnerable supporters from the Carabao Cup final is “direct discrimination”, according to a group of disabled Tottenham fans.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted April 14th, 2021 in legislation by sally

The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021

The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021

The Magistrates’ Courts (Amendment) Rules 2021

The Social Security (Claims and Payments) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 14th, 2021 in law reports by sally

Court of Appeal (Civil Division)

P (A Child) (Interim Separation) [2021] EWCA Civ 499 (06 April 2021)

Court of Appeal (Criminal Division)

Say, R. v [2021] EWCA Crim 520 (13 April 2021)

High Court (Administrative Court)

London Borough of Hillingdon v The Secretary of State for Transport & Anor [2021] EWHC 871 (Admin) (13 April 2021)

High Court (Chancery Division)

Melars Group Ltd v East-West Logistics LLP [2021] EWHC 874 (Ch) (13 April 2021)

Performing Right Society Ltd v Qatar Airways Group QCSC [2021] EWHC 869 (Ch) (13 April 2021)

High Court (Patents Court)

Mitsubishi Electric Corporation & Anor v Archos SA & Ors [2021] EWHC 889 (Pat) (13 April 2021)

High Court (Queen’s Bench Division)

Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) (13 April 2021)

Source: www.bailii.org

Judge considers whether local authority obliged to assess members of ‘original family’ of mother who herself was adopted – Local Government Lawyer

Posted April 13th, 2021 in adoption, care orders, local government, mental health, news by sally

‘A Family Court judge has issued a ruling on whether, within public law proceedings, there was any obligation on a local authority to assess members of the biological/birth family of the mother of the subject infant child, where the mother herself was adopted as a child and raised by adoptive parents.’

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Local Government Lawyer, 12th April 2021

Source: www.localgovernmentlawyer.co.uk

Fine for solicitor who acted on both sides in “undue influence” house sale – Legal Futures

Posted April 13th, 2021 in conflict of interest, conveyancing, disciplinary procedures, fines, news, sale of land, undue influence by sally

‘A solicitor who acted for both sides in a house sale at an undervalue, set aside by the High Court on the grounds of undue influence, has been fined by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th April 2021

Source: www.legalfutures.co.uk

Bodies credited in UK race review distance themselves from findings – The Guardian

Posted April 13th, 2021 in minorities, news, race discrimination, racism, reports by sally

‘At least 20 organisations and individuals who were listed as stakeholders in the government’s race disparity commission have distanced themselves from the report and its findings.’

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The Guardian, 12th April 2021

Source: www.theguardian.com

Part 26A scheme not within scope of Lugano Convention – Mills & Reeve

Posted April 13th, 2021 in brexit, company law, insolvency, news, treaties by sally

‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’

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Mills & Reeve, 8th April 2021

Source: www.mills-reeve.com