Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

Full Story

Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

Posted December 10th, 2019 in compensation, detention, immigration, mental health, news, post-traumatic stress disorder, time limits by sally

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

Full Story

Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

Full Story

Family Law, 10th December 2019

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 10th, 2019 in legislation by sally

The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

The Public Interest Merger Reference (Gardner Aerospace Holdings Ltd. and Impcross Ltd.) (Pre-emptive Action) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 10th, 2019 in law reports by sally

Supreme Court

MacDonald & Anor v Carnbroe Estates Ltd (Scotland) [2019] UKSC 57 (4 December 2019)

High Court (Chancery Division)

Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)

High Court (Commercial Court)

Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 (Comm) (06 December 2019)

High Court (Family Division)

Raqeeb v Barts Health NHS Trust (Costs) [2019] EWHC 3322 (Fam) (03 December 2019)

High Court (Queen’s Bench Division)

Feyziyev v Radu [2019] EWHC 3372 (QB) (06 December 2019)

Source: www.bailii.org

Taxation of personal service companies and the construction sector: what is changing and who will be affected? – Practical Law Construction Blog

Posted December 10th, 2019 in construction industry, contracting out, news, taxation by sally

‘2020 is looking to be a year in which the tax burden of companies operating in the UK construction sector is likely to increase. This is due, first, to the delayed implementation of the VAT reverse charge (now 1 October 2020) and secondly, to major changes in the UK tax treatment of off-payroll workers. In this blog we discuss the implications of the changes to the off-payroll working rules (commonly known as “IR35”) and the steps companies affected by these changes can take.’

Full Story

Practical Law Construction Blog, 10th December 2019

Source: constructionblog.practicallaw.com

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

Full Story

Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

In search of local justice – New Law Journal

Posted December 10th, 2019 in law centres, news by sally

‘Keith Wilding explains the difference Law Centres make to individual lives.’

Full Story

New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Legal sector to shed thousands of jobs in coming years – Legal Futures

Posted December 10th, 2019 in employment, law firms, legal services, news by sally

‘The legal services sector is to shed 13,000 jobs in the decade to 2027 – with a further 22,000 at risk if technology brings radical change to the workforce, research for the Law Society has predicted.’

Full Story

Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Welcome to the jungle – New Law Journal

Posted December 10th, 2019 in media, misuse of private information, news, privacy by sally

‘I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1).’

Full Story

New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Falklands war veteran wins apology over LGBT ban – The Guardian

Posted December 10th, 2019 in armed forces, homosexuality, news, sexual orientation discrimination by sally

‘A British Falklands war veteran has been given his medals back and received an apology from the Ministry of Defence after being forced out of the navy over his sexuality.’

Full Story

The Guardian, 10th December 2019

Source: www.theguardian.com

Solicitor rebuked for issuing cheque that bounced – Legal Futures

Posted December 10th, 2019 in cheques, fines, news, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been sanctioned for sending a client a cheque for his damages which bounced.’

Full Story

Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Adoption and race discrimination: Mander – Law & Religion UK

Posted December 10th, 2019 in adoption, human rights, news, race discrimination, Sikhism by sally

‘Sandeep and Reena Mander are of Sikh heritage and were born and brought up in the UK. They identify as part of the wider Sikh community but are not religious:

“They go to Temple a few times a year much as, they say, some of their non-practising Christian friends go to church at Christmas or Easter. They consider themselves culturally British, whilst acknowledging their Indian heritage”.’

Full Story

Law & Religion UK, 10th December 2019

Source: www.lawandreligionuk.com

“Disproportionate” to strike out claim for late payment of court fees – Litigation Futures

Posted December 10th, 2019 in fees, news, striking out, time limits by sally

‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’

Full Story

Litigation Futures, 10th December 2019

Source: www.litigationfutures.com

Campaigners threaten UK parties with legal action over data processing – The Guardian

Posted December 10th, 2019 in data protection, elections, news, political parties by sally

‘A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.’

Full Story

The Guardian, 9th December 2019

Source: www.theguardian.com

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

Full Story

Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Serial rapist Joseph McCann given 33 life sentences – The Guardian

Posted December 10th, 2019 in news, rape, sentencing by sally

‘The serial rapist Joseph McCann has been handed 33 life sentences with a minimum term of 30 years.’

Full Story

The Guardian, 9th December 2019

Source: www.theguardian.com

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

Full Story

Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

Girl sexually exploited ‘by over 40 adults’ while in care – The Guardian

Posted December 9th, 2019 in abuse of position of trust, care homes, care workers, child abuse, children, hospitals, mental health, news, police, psychiatric damage, sexual offences, social services by sally

‘The children’s commissioner has been called on to intervene in the case of a vulnerable teenager alleged to have been the victim of a catalogue of failures at the hands of social workers, medical authorities and police.’

Full Story

The Guardian, 8th December 2019

Source: www.theguardian.com

Stop and search: the controversial police power – BBC News

Posted December 9th, 2019 in investigatory powers, news, police, race discrimination, statistics, stop and search by sally

‘Stop and search is a controversial police power to stop, question and search a person who is suspected of doing something illegal, including carrying drugs.’

Full Story

BBC News, 7th December 2019

Source: www.bbc.co.uk