‘The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.’
Legal Futures, 21st November 2023
Source: www.legalfutures.co.uk
‘A recent case heard by the Scottish Solicitors’ Discipline Tribunal has highlighted the complexities around how solicitors interact with vulnerable clients, particularly in matters involving conflicts of interest, mental capacity, and undue influence. This case offers an opportunity for some cross-border analysis between England and Wales and consideration of what best practice looks like in such a situation.’
Mills & Reeve, 20th November 2023
Source: www.mills-reeve.com
‘In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and it was informative to observe how judges responded to the clause in judicial review. But while Oceana raised an important point of constitutional law, namely, Parliament’s ability to exclude judicial review with sufficiently express statutory language, the underlying case in Oceana was a weak one. It was little surprise, therefore, that Oceana did not fall for reconsideration on appeal. However, Saini J’s judgment in Oceana that Parliament is institutionally competent to exclude judicial review in certain circumstances has now come under further judicial scrutiny by the Court of Appeal in R (LA (Albania)) v Upper Tribunal [2023] EWCA Civ 1337. And so it is time for another blog post, addressing again the important question on the effectiveness of ouster clauses and the potential limits of Parliament’s legislative sovereignty.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’
Gatehouse Chambers, 16th October 2023
Source: gatehouselaw.co.uk
‘Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch. In recent years there have been several important cases examining these issues.’
Gatehouse Chambers, 11th October 2023
Source: gatehouselaw.co.uk
‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’
Park Square Barristers, 31st October 2023
Source: www.parksquarebarristers.co.uk
‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘As of 1st October 2023, there is a seismic shift in the U.K.’s employment landscape. Thanks to the Employment Relations (Flexible Working) Bill receiving Royal Assent, British workers are set to gain even more control over their working conditions, thereby dramatically improving work-life balance.’
Park Square Barrister, 3rd October 2023
Source: www.parksquarebarristers.co.uk
‘An “abhorrent” man who posed as a taxi driver to trick vulnerable women into his car has pleaded guilty to four counts of rape over three years.’
The Independent, 12th November 2023
Source: www.independent.co.uk
‘Young offenders’ institutions are more violent than adult male prisons and conditions are getting worse, HM Inspector of Prisons has warned, as the number of assaults soars.’
The Independent, 21st November 2023
Source: www.independent.co.uk
‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’
Local Government Lawyer, 20th November 2023
Source: www.localgovernmentlawyer.co.uk
‘A review of the police handling of Nicola Bulley’s disappearance is to be published later this morning.’
BBC News, 21st November 2023
Source: www.bbc.co.uk
‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’
Garden Court Chambers, 10th October 2023
Source: www.gardencourtchambers.co.uk
‘Introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and enshrined in law by s75A of the Serious Crime Act 2015, the offences of non-fatal suffocation and strangulation are increasingly being charged alongside other more common offences against the person as well as offences such as controlling and coercive behaviour.’
Park Square Barristers, 10th October 2023
Source: www.parksquarebarristers.co.uk
‘The government and environment agency failed in their duty to restore and protect waterways from pollution, the high court has ruled in a significant case that could force an overhaul of the government’s plans.’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’
UK Human Rights Blog, 20th November 2023
Source: ukhumanrightsblog.com
‘Workplaces are failing women. Considering endometriosis affects one in 10 women and that is just one menstrual condition – there are many – where is the support, training and acknowledgment in the workplace?’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘A couple have been jailed for life for murdering a widower whose body was hidden and never to be found in a “wicked” act of deceit.’
The Independent, 20th November 2023
Source: www.independent.co.uk
‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’
The Guardian, 20th November 2023
Source: www.theguardian.com
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