Insolvency in the English Football League: impact on players and staff – Littleton Chambers

Posted June 11th, 2020 in contract of employment, coronavirus, debts, insolvency, news, remuneration, sport by sally

‘In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business.’

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Littleton Chambers, 2nd June 2020

Source: littletonchambers.com

Giving evidence is not ‘work’ for furloughed employee – Litigation Futures

Posted June 11th, 2020 in adjournment, coronavirus, employment, news, witnesses by sally

‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’

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Litigation Futures, 11th June 2020

Source: www.litigationfutures.com

Calls For Reform After Nurse With PTSD Endures Stop And Search ‘Torture’ – Each Other

‘“The last 14 months were like torture,” said nurse Neomi Bennett on her fight to clear her name after being convicted of obstructing a police officer during a stop and search last year.’

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Each Other, 10th June 2020

Source: eachother.org.uk

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Compensation for woman after rape trials collapse over police failings – BBC News

Posted June 11th, 2020 in child abuse, compensation, news, police, prosecutions, rape, victims by sally

‘A woman who police believe was sexually abused by a gang from the age of 12 has been paid a five-figure compensation sum after three trials collapsed following police failings.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Gregor Fisken Limited v Mr Bernard Carl – Monckton Chambers

Posted June 11th, 2020 in agency, contracts, news, sale of goods by sally

‘The widely reported case of Gregor Fisken Limited v Mr Bernard Carl [2020] EWHC 1385 (Comm) involved one of the world’s rarest and most expensive cars, a $44m Ferrari 250 GTO Series 1 coupé, and its lost (and found) original gearbox. After a week-long trial in the High Court, it was held that the defendant seller was acting in breach of contract in failing to deliver the GTO’s original gearbox to the claimant buyer. The Court made an order for specific performance, requiring the seller to secure the delivery of the original gearbox to the buyer.’

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Monckton Chambers, June 2020

Source: www.monckton.com

Mayson calls for single regulator of all legal services – Legal Futures

Posted June 11th, 2020 in legal profession, legal services, Legal Services Board, news, reports by sally

‘All providers of legal services, whether legally qualified or not, should be registered and regulated by a single regulator, a major review has concluded.’

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Legal Futures, 11th June 2020

Source: www.legalfutures.co.uk

Challenge to new voter ID pilot dismissed by Court of Appeal – UK Human Rights Blog

‘The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Wife who beat husband to death with a hammer permitted to inherit his estate: Challen v Challen [2020] EWHC 1330 (Ch) – New Square Chambers

‘On 15 August 2010 Sally Challen beat her husband to death with a hammer, wrapped him in a curtain before washing the dishes and driving home. She was convicted of murder on 23 June 2011 and sentenced to life imprisonment, but last year that conviction was quashed by the Court of Appeal. Before the retrial the Crown accepted a guilty plea to a lesser charge of Manslaughter by reason of diminished responsibility, and Mrs Challen was released, having already served her sentence. The Forfeiture rule prevented her inheriting her husband’s estate or taking their joint assets by succession, and in September 2019 she issued proceedings under the Forfeiture Act 1982 for relief.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

Life-support patient who refused stoma allowed to die – BBC News

‘An ill man who did not want to live with a stoma has died after a judged ruled life-support treatment could end.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

Director of Public Prosecutions threatened with legal action over failure to investigate Dominic Cummings – The Guardian

‘The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

VAT at the opera: deductibility of the theatrical production costs – Monckton Chambers

Posted June 11th, 2020 in news, theatre, VAT by sally

‘In HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC), the Upper Tribunal (Morgan J and Judge Timothy Herrington) held that VAT paid on theatre production costs was not recoverable on the basis of an economic link to taxable catering supplies, overruling a decision in the Opera House’s favour at first instance. The ruling will be significant not just for the wider theatre industry, but more generally as regards the relevance of ‘commercial reality’ arguments to questions of input tax deduction.’

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Monckton Chambers, 3rd June 2020

Source: www.monckton.com

Clin neg trial could be held remotely “as last resort” – Litigation Futures

Posted June 11th, 2020 in case management, coronavirus, hospitals, negligence, news, remote hearings by sally

‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Telling my brother’s Windrush scandal story as a TV drama – BBC News

Posted June 11th, 2020 in citizenship, colonies, compensation, deportation, detention, immigration, news by sally

‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Fake casting agent Daniel Berry groomed young girls on Facebook – BBC News

‘A “cunning” paedophile who posed as a casting agent on Facebook to lure young girls into sending indecent videos of themselves has been jailed.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

MPs call for register to monitor serial domestic abusers and stalkers – The Guardian

Posted June 11th, 2020 in bills, domestic violence, news, recidivists, select committees, stalking by sally

‘Serial domestic abusers or stalkers should be registered and monitored in the same way as serious violent and sexual offenders, a group of cross-party MPs have said, as they put forward a proposed change to domestic abuse laws currently passing through parliament.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

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Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

Knowledge test for duty of confidence – what is a sufficient state of mind to make an employer liable for breach of confidence when it receives a client list from a recruited employee? – Employment Blog

Posted June 11th, 2020 in confidentiality, contract of employment, EC law, employment, news by sally

‘In the recent case of Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) the court reiterated that the test was not subjective: the recipient of the client list did not have to know the information was confidential. It was objective: in equity the recipient is under a duty of confidence whenever he ought to know that the information received is fairly and reasonably to be regarded as confidential, irrespective of his actual state of mind. Further, this was now also the statutory position because under Art. 4 (4) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition: “The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.”’

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Employment Blog, 9th June 2020

Source: employment11kbw.com