Insolvency View – New Square Chambers
‘The newsletter features a series of reviews by our insolvency specialists, covering the latest major cases.’
New Square Chambers, 6th February 2020
Source: www.newsquarechambers.co.uk
High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project – Local Government Lawyer
‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
Judge orders MI5 not to delete databanks before end of surveillance trial – The Guardian
‘MI5 has been ordered by a senior judge not to delete vast databanks of personal information it is storing pending the outcome of a trial over the legality of its surveillance procedures.’
The Guardian, 10th February 2020
Source: www.theguardian.com
Can the aviation industry reach a net of zero carbon emissions by 2050? – 4 KBW
‘The aviation industry is currently responsible for around 2% of carbon emissions globally each year, and this is forecast to triple by 20502. With this projected rate in mind, members of the Sustainable Aviation coalition, which includes most major airlines and airports, as well as aerospace manufacturers, are planning to sign a commitment to reach zero net carbon emissions by 2050, with a third of the reduction being achieved through carbon offsetting.’
4 KBW, 7th February 2020
Source: www.4kbw.net
High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement – Francis Taylor Building
‘In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing. In doing so, he expressly disapproves of the decision of Mr Mark Ockelton (sitting as a Deputy Judge of the High Court) in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council [2019] EWHC 2007 (Admin), which he has held “should not be followed”.’
Francis Taylor Building, 31st January 2020
Source: www.ftbchambers.co.uk
Standards committee backs AI “regulatory assurance body” – Legal Futures
‘A body that identifies gaps in the regulatory landscape on the use of artificial intelligence (AI) and advises individual regulators is needed as the technology develops, the government has been told.’
Legal Futures, 11th February 2020
Source: www.legalfutures.co.uk
Acas guidance warns against routine use of non-disclosure agreements – Local Government Lawyer
‘Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
Urgent crackdown on terror sentences will affect about 50 inmates – The Guardian
‘About 50 prisoners convicted of terror offences will no longer be automatically freed halfway through their sentences, under emergency government legislation designed to prevent further jihadi attacks by recently released inmates.’
The Guardian, 11th February 2020
Source: www.theguardian.com
Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani) – 4 New Square
‘Banking & Finance analysis: Ben Archer, barrister, at 4 New Square, examines a High Court decision that a guarantee given by the first defendant company director to secure the company’s liabilities to the claimant bank was enforceable but a similar guarantee given by the second defendant company director, who was the first defendant’s wife, was not enforceable as her execution of it had resulted from his undue influence.’
4 New Square, 7th February 2020
Source: www.4newsquare.com
The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill
‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’
6KBW College Hill, 11th February 2020
Source: blog.6kbw.com
“Dishonest” ABS owner banned for multiple breaches – Legal Futures
‘A non-lawyer owner of an alternative business structure (ABS) responsible for multiple rule breaches – including a £3.6m shortfall on his firm’s client account – has been banned from working in another one.’
Legal Futures, 11th February 2020
Source: www.legalfutures.co.uk
Frozen-egg storage 10-year limit ‘could be extended’ – BBC News
‘The period of time for which eggs, sperm and embryos can be frozen could be extended, as the government calls for views on the current 10-year limit.’
BBC News, 11th February 2020
Source: www.bbc.co.uk
Disability charity boss jailed after stealing from pension fund – The Guardian
‘The former head of a charity has been jailed for five years after he admitted defrauding a pension scheme for workers with disabilities and using the money to buy houses in England and France.’
The Guardian, 10th February 2020
Source: www.theguardian.com
Standards watchdog calls for guidance on governance and coherent regulatory framework for those in public sector using AI – Local Government Lawyer
‘The government needs to identify and embed authoritative ethical principles and issue accessible guidance on AI governance to those using it in the public sector, the Committee on Standards in Public Life has said.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
Why justice remains elusive for Windrush generation – The Guardian
‘Victims talk about their ordeal and a complex compensation scheme that is yet to deliver.’
The Guardian, 9th February 2020
Source: www.theguardian.com
Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update
‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’
Technology Law Update, 10th February 2020
Source: www.technology-law-blog.co.uk
Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law
‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’
Brexit Law, 11th February 2020
Source: brexit.law
Court of Appeal orders council to pay £12k costs contribution after great-aunt wins appeal over care and placement orders – Local Government Lawyer
‘The Court of Appeal has ordered a local authority to make a contribution of £12,000 towards the costs of a great-aunt who won an appeal from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
Family lawyers “disproportionately female and white” – Legal Futures
‘Three-quarters of family lawyers are women, while those from black, Asian and minority ethnic (BAME) backgrounds are under-represented, ground-breaking research among members of Resolution has indicated.’
Legal Futures, 11th February 2020
Source: www.legalfutures.co.uk
