Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Will construction—failure of trust (Jeffreys and others v Scruton and others) – Wilberforce Chambers

Posted March 17th, 2020 in chambers articles, news, trusts, wills by sally

‘The Will established a discretionary trust for the testatrix’s issue with a standard power to add any person as an additional beneficiary during the 80-year trust period and wide powers to appoint and apply capital and income. It directed that ‘in default of and subject to any exercise of’ those powers, the trustees should hold the trust fund (i) on expiry of the trust period for her issue (if any) then living and (ii) ‘if at any time the trusts declared by the foregoing provisions fail’ on trust for her nephews and nieces absolutely (subject to attaining age 18 or previously marrying). The testatrix had one child, who predeceased her. The question raised by the trustees was whether the power to add a beneficiary remained exercisable, or whether the trust fund was held exclusively for the nephews and nieces. The court held that upon the testatrix’s death the discretionary trusts had failed—that the power to add was not exercisable—and that the trust fund was accordingly held on trust for the class of nephews and nieces entitled under Clause 5(c)(iii) of the Will.’

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Wilberforce Chambers, 12th March 2020

Source: www.wilberforce.co.uk

Legal aid lawyers call for government support over Covid-19 – Legal Futures

Posted March 17th, 2020 in coronavirus, law firms, legal aid, news, rates by sally

‘Criminal defence solicitors have called for expedited legal aid payments and an extension of the business rate holiday to law firms with contracts to combat the impact of Covid-19.’

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Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Plan to extend early prisoner release scheme – BBC News

Posted March 17th, 2020 in early release, news, prisons, rehabilitation by sally

‘The government is planning to extend a scheme which allows some prisoners to be freed early to ease pressures in jails across England and Wales.’

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BBC News, 17th March 2020

Source: www.bbc.co.uk

British American Tobacco circumventing ad ban, experts say – The Guardian

Posted March 17th, 2020 in advertising, internet, news, smoking by sally

‘British American Tobacco (BAT) is marketing e-cigarettes and heated cigarettes with pictures of attractive models and using hashtags such as “I dare you to try it”, despite a crackdown last year after it paid social media influencers to promote its products.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

EP 104: The Status of EU law During the Transition Period and Beyond – Law Pod UK

Posted March 16th, 2020 in brexit, EC law, news by sally

‘In Episode 104, an esteemed panel of speakers discuss the complexities of EU law during the Brexit transition period and beyond, as part of an event hosted by the Constitutional and Administrative Bar Association. The panel features Lord Anderson of Ipswich, Professor Catherine Barnard, Professor of European Union law at Cambridge and Alison Pickup, Legal Director at the Public Law Project.’

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Law Pod UK, 11th March 2020

Source: audioboom.com

Child sex abuser given ‘preferential treatment’, says damning report – The Guardian

‘A top civil servant and a senior member of the royal household have both been criticised in an official report examining attempts by a victim of child sex abuse to have his abuser stripped of an honour.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2020 in legislation by sally

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2020

The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2020

The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2020

The Pensions Increase (Review) Order 2020

The Statutory Parental Bereavement Pay (Miscellaneous Amendments) Regulations 2020

The Social Security (Contributions) (Amendment) Regulations 2020

The Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 16th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Simonis, R (On the Application Of) v Arts Council England (Rev 2) [2020] EWCA Civ 374 (13 March 2020)

L M Homes Ltd & Anor v Queen Court Freehold Company Ltd [2020] EWCA Civ 371 (13 March 2020)

High Court (Administrative Court)

Dempsey v Government of the United States of America [2020] EWHC 603 (Admin) (13 March 2020)

Jasvins v General Prosecutor’s Office Latvia [2020] EWHC 602 (Admin) (13 March 2020)

High Court (Chancery Division)

Madison Pacific Trust Ltd v Shakoor Capital Ltd & Anor [2020] EWHC 610 (Ch) (16 March 2020)

Punjab National Bank (International) Ltd v Techtrek India Ltd & Ors [2020] EWHC 539 (Ch) (13 March 2020)

High Court (Commercial Court)

Dell Emerging Markets (EMEA) Ltd & Ors v Systems Equipment Telecommunications Services S.A.L [2020] EWHC 561 (Comm) (13 March 2020)

High Court (Queen’s Bench Division)

Reid v Price [2020] EWHC 594 (QB) (13 March 2020)

EXE v The Governors of the Royal Naval School [2020] EWHC 596 (QB) (13 March 2020)

DSN v Blackpool Football Club Ltd [2020] EWHC 595 (QB) (13 March 2020)

Source: www.bailii.org

Short lets and breach of lease – Nearly Legal

Posted March 16th, 2020 in holidays, housing, leases, news, tribunals by sally

‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’

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Nearly Legal, 14th March 2020

Source: nearlylegal.co.uk

HMCTS issues guidance for courts and tribunals users during coronavirus outbreak – Local Government Lawyer

‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Dishonesty “doesn’t need to persist” to be fundamental – Litigation Futures

‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’

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Litigation Futures, 16th March 2020

Source: www.litigationfutures.com

Coronavirus/COVID-19 – the impact on contracts – Technology Law Update

Posted March 16th, 2020 in contracts, coronavirus, health, insurance, news by sally

‘The COVID-19 outbreak is now causing widespread disruption in many countries, with increasing impact on supply chains and transport. What can you do if you or your counterparties are prevented from normal contractual performance by the disease?’

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Technology Law Update, 13th March 2020

Source: www.technology-law-blog.co.uk

Equality watchdog demands suspension of use of automated facial recognition and predictive algorithms in policing – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has called for the suspension of the use of automated facial recognition (AFR) and predictive algorithms in policing in England and Wales, “until their impact has been independently scrutinised and laws are improved”.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Grenfell Inquiry: Aesthetics v safety v money – BBC News

‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com

Councils and Electoral Commission welcome government decision to put May 2020 elections back by one year – Local Government Lawyer

Posted March 16th, 2020 in delay, elections, health & safety, local government, news, ombudsmen by sally

‘The government has decided to postpone the 7 May 2020 local and mayoral elections in England for one year.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

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Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk