BT account scammers jailed for £358k fraud – BBC News
‘Scammers who infiltrated BT customer accounts as part of a “sophisticated” £358,000 fraud have been jailed.’
BBC News, 19th February 2020
Source: www.bbc.co.uk
Longer jail time for terrorists could backfire, says watchdog – The Guardian
‘Emergency plans to increase the minimum time terrorists serve in jail risk being counterproductive because of the danger that prisoners will be further radicalised behind bars, the official watchdog has said.’
The Guardian, 19th February 2020
Source: www.theguardian.com
Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers
‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’
No. 5 Chambers, 12th February 2020
Source: www.no5.com
Seven men convicted of grooming teenage girls in Huddersfield – The Guardian
‘Seven men convicted of sexually exploiting young girls in Huddersfield “robbed their victims of their childhood and abused them in truly appalling ways”, police have said.’
The Guardian, 18th February 2020
Source: www.theguardian.com
Fraudulent Non-Disclosure Claim in Property Joint Venture Case Fails – Littleton Chambers
‘The claimant (Mr Russell) was one of four individuals involved in a joint venture property development business. The parties entered into a joint venture agreement which obliged them to act with good faith towards each other, in certain limited respects. Mr Russell departed the business pursuant to the terms of a settlement deed. Shortly after that deed was executed, the remaining parties entered into an attractive development project that Mr Russell claimed the other parties did not tell him about, or give him the opportunity to participate in. Mr Russell claimed he was wrongfully excluded by the dishonest actions of the other joint venturers. The claims alleged were: (a) breach of fiduciary duty; (b) breach of the express/implied terms of the joint venture agreement; (c) fraudulent non-disclosure; (d) unlawful means conspiracy. As a result of the terms of the settlement deed, Mr Russell needed to establish fraud or dishonesty to succeed.’
Littleton Chambers, 13th February 2020
Source: www.littletonchambers.com
How People In Immigration Detention Try To Cope With Life In Limbo – Each Other
‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’
Each Other, 18th February 2020
Source: eachother.org.uk
Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB
‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’
3PB, 7th February 2020
Source: www.3pb.co.uk
Ethical veganism: a philosophical belief – 3PB
‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’
3PB, 7th February 2020
Source: www.3pb.co.uk
Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers
‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’
Falcon Chambers, February 2020
Source: www.falcon-chambers.com
Inadequate time estimates a “problem” in Commercial Court – Litigation Futures
‘Parties under-estimating the time required to argue applications in the Commercial Court – especially where the parties seek a Friday listing – is a “significant current problem”, a judge has warned.’
Litigation Futures, 19th February 2020
Source: www.litigationfutures.com
Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk
‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’
12 King's Bench Walk, 14th February 2020
Source: www.12kbw.co.uk
Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers
‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’
Hardwicke Chambers, 19th February 2020
Source: hardwicke.co.uk
Planning Appeal Decision: Top 5 Lessons – No. 5 Chambers
‘The statistics are against allowed appeals at the moment. Positive decisions from PINS on housing appeals are down. Appeals are failing in particular on heritage related matters. It is therefore critical in my view to neutralise as many issues as early as possible. And to be clear about the real focus from the outset. This appeal had ‘a full house’ when it came to an array of concerns, and some were heard through a round-table forum, making it hard to test assertions, particularly from members of the public.’
No. 5 Chambers, 17th February 2020
Source: www.no5.com
EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers
‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’
Old Square Chambers, 17th February 2020
Source: www.oldsquare.co.uk
Drill rapper Unknown T cleared of murder of student – The Guardian
‘Unknown T, until recently one of the brightest prospects in the UK drill scene, has been cleared of murdering a university student at New Year’s Eve party in London.’
The Guardian, 18th February 2020
Source: www.theguardian.com
The Second Appeals Test in Immigration Law – Richmond Chambers
‘In this post, we explain the Second Appeals test and note some recent developments in the area.’
Richmond Chambers, 14th February 2020
Source: immigrationbarrister.co.uk
SRA money laundering supervision to extend to tax advice – Legal Futures
‘The Solicitors Regulation Authority (SRA) could face a cash shortage if the new anti-money laundering (AML) rules increase the number of firms it supervises, it has warned.’
Legal Futures, 18th February 2020
Source: www.legalfutures.co.uk
