‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’
UKSC Blog, 4th December 2020
Source: ukscblog.com
‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’
5SAH, 30th November 2020
Source: www.5sah.co.uk
‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’
Law Society's Gazette, 4th December 2020
Source: www.lawgazette.co.uk
‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’
Litigation Futures, 7th December 2020
Source: www.litigationfutures.com
‘Social workers’ caseloads were “too high” in the months before a 13-year-old girl was murdered by a man lodging in her home, a council boss has said.’
BBC News, 6th December 2020
Source: www.bbc.co.uk
‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’
Local Government Lawyer, 4th December 2020
Source: www.localgovernmentlawyer.co.uk
‘A woman with a history of violence and mental health problems who confessed to killing seven-year-old Emily Jones, has been cleared of murder.’
The Guardian, 4th December 2020
Source: www.theguardian.com
‘A former public schoolboy and professional rugby player was in jail last night (Sun) after trying to swallow 50 packets of crack cocaine and heroin.’
Daily Telegraph, 6th December 2020
Source: www.telegraph.co.uk
‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘The Times has apologised to the advocacy organisation Cage and agreed to pay it £30,000 in damages for suggesting it was supporting a man who stabbed three people to death in what police said was a terrorist rampage in a Reading park.’
The Guardian, 4th December 2020
Source: www.theguardian.com
‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’
4-5 Gray's Inn Square, 2nd December 2020
Source: www.4-5.co.uk
‘Doctors may have made “do not resuscitate” decisions on a blanket basis in the first wave of the pandemic, the care watchdog has warned.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘The Court of Appeal’s recent decision in Racing Partnership Ltd & others v. Sports Information Services Ltd [2020] EWCA Civ 1300 has provided clarity on the economic tort of unlawful means conspiracy and provided much food for thought on claims for breach of confidence.’
Littleton Chambers, 1st December 2020
Source: littletonchambers.com
‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’
Cloisters, 1st December 2020
Source: www.cloisters.com
‘A man who beat, strangled and set alight a fellow patient at a secure mental health unit in north London has been detained for an unlimited time.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
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