Contempt of Court – Centek Holdings v Giles – NIPC Law

‘A case that shows how the committal procedure works is Centek Holdings Ltd. and others v Giles EWHC 1682 (Ch) (26 June 2020). For over 17 years Mr Trustram Files has been the claimant companies’ product development manager. In August 2019 Mr Giles left the claimants to take up a job in Malaysia. He took with him what was described as “very substantial amounts of confidential and proprietary material” belonging to his employer. His bosses suspected what he was doing and contained an order (“the Order”) from Mr Jystice Norris “not to use, access or distribute Centek Material (paragraph 2 of the Order), abide by specific restrictive covenants (paragraph 3 of the Order), disclose and preserve Centek Material and the “Devices” and “Accounts” on which it was kept (paragraphs 4 and 5(a)-(b) of the Order), preserve disclosable documents (paragraph 5(f) of the Order) and facilitate the imaging of such Devices and Accounts by “Independent Experts” (paragraph 6 of the Order).”‘

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NIPC Law, 7th July 2020

Source: nipclaw.blogspot.com

AI redefining what it means to be a ‘great’ lawyer – Legal Futures

‘Automation in the legal profession will most probably be “a decades-long process” but artificial intelligence (AI) is redefining what it means to be a ‘great’ lawyer.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Vos: Crisis must be followed by “blue sky thinking” – Litigation Futures

Posted July 7th, 2020 in civil justice, coronavirus, dispute resolution, news, remote hearings by sally

‘The Chancellor of the High Court has said “the one thing” he really wants to come out of the coronavirus crisis is “blue sky thinking” about how to improve commercial dispute resolution.’

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Litigation Futures, 7th July 2020

Source: www.litigationfutures.com

Why the rise in contentious probate cases is set to continue – Legal Futures

Posted July 7th, 2020 in fees, law firms, news, probate, wills by sally

‘There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Plenty of Fish conman jailed for defrauding women – BBC News

Posted July 7th, 2020 in assault, fraud, guilty pleas, internet, intimidation, marriage, news, sentencing by sally

‘A fraudster who cheated women he had asked to marry him out of tens of thousands of pounds has been jailed for 10 years.’

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BBC News, 6th July 2020

Source: www.bbc.co.uk

Mother vows for justice as IOPC brings case against Met firearms officer – The Guardian

Posted July 7th, 2020 in appeals, firearms, news, police, self-defence by sally

‘The mother of a man shot dead by police has vowed to get justice for her son as the court of appeal is to hear a challenge to police use of force.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Domestic Abuse Bill: ‘More help for migrant women needed’ – BBC News

Posted July 7th, 2020 in bills, domestic violence, immigration, news, victims by sally

‘Help should be available to all domestic abuse survivors, no matter their immigration status, campaigners have said.’

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BBC News, 6th July 2020

Source: www.bbc.co.uk

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Dunn v FCO — the opening skirmishes – UK Human Rights Blog

‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Paul Daly: The Culture of Justification in Administrative Law – UK Constitutional Law Association

Posted July 6th, 2020 in constitutional law, judicial review, news by sally

‘By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in recent decades. It is interesting to ask why this has happened. In a typically interesting and trenchant contribution, my friend Jason Varuhas attributes recent changes to judicial review procedure to a substantive turn to rights review and systemic review.’

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UK Constitutional Law Association, 6th July 2020

Source: ukconstitutionallaw.org

Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Transparency Project

‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’

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Transparency Project, 5th July 2020

Source: www.transparencyproject.org.uk

Misconduct panel’s decision to impose a final written warning for racist remarks quashed by the High Court – UK Police Law Blog

‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’

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UK Police Law Blog, 3rd July 2020

Source: ukpolicelawblog.com

Dispensing with section 20 – requirements on landlord – Nearly Legal

Posted July 6th, 2020 in consultations, housing, landlord & tenant, news, service charges, tribunals by sally

‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’

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Nearly Legal, 4th July 2020

Source: nearlylegal.co.uk

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2020 in legislation by sally

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020

The Loans for Mortgage Interest (Transaction Fee) (Amendment) Regulations 2020

The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) (Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Case Preview: Lehtimaki and Ors v Cooper – UKSC Blog

Posted July 6th, 2020 in appeals, charities, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is awaited in the matter of Lehtimaki and Ors v Cooper, which concerns whether the court has jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty.’

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UKSC Blog, 3rd July 2020

Source: ukscblog.com

Penalised for parking on your own land – Law Society’s Gazette

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

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The Guardian, 4th July 2020

Source: www.theguardian.com

Lord chancellor seeks views on post-Brexit court powers – Law Society’s Gazette

Posted July 6th, 2020 in brexit, courts, EC law, lord chancellor, Ministry of Justice, news by sally

‘The Ministry of Justice is seeking lawyers’ views on which British courts should have the power to depart from retained EU case law after the Brexit transition period ends.’

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Law Society's Gazette, 2nd July 2020

Source: www.lawgazette.co.uk