Birmingham anti-LGBT school protesters had ‘misinterpreted’ teachings, judge says – The Guardian

Posted November 27th, 2019 in demonstrations, equality, homosexuality, injunctions, Islam, news, school children by sally

‘A high court judge has said activists protesting against LGBT equality lessons had “grossly misrepresented” what was being taught to children as he ruled that they would be permanently banned from demonstrating directly outside a Birmingham primary school.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

Camden Council obtains first rogue landlord banning order in London – Local Government Lawyer

‘Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.’

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Local Government Lawyer, 26th November 2019

Source: www.localgovernmentlawyer.co.uk

Targeting of Supt Robyn Williams ‘example of Met institutional racism’ – The Guardian

‘The pursuit of a senior officer under paedophile laws when she is not a sex offender is discriminatory and an example of institutional racism still poisoning the police force, the Black Police Association has claimed.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Heres How The Party Manifestos Stack Up On Human Rights – Rights Info

Posted November 27th, 2019 in elections, human rights, news, political parties by sally

‘As the clock ticks down to the 12 December general election, political parties have begun releasing manifestos outlining the policies they will pursue if they enter into government.’

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Rights Info, 26th November 2019

Source: rightsinfo.org

‘Hundreds more cases’ in Shropshire maternity scandal – BBC News

‘More than 200 new families have contacted an inquiry into mother and baby deaths at a hospital trust in Shropshire.’

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BBC News, 26th November 2019

Source: www.bbc.co.uk

Man pleads guilty to New Year’s Eve knife attack in Manchester – The Guardian

‘A man who stabbed three people at Manchester’s Victoria train station on New Year’s Eve has admitted to attempted murder.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Mediating Contested Wills Claims – Patrick Taylor – 4-5 Gray’s Inn Square

Posted November 26th, 2019 in dispute resolution, news, wills by sally

‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’

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4-5 Gray's Inn Square, 7th November 2019

Source: www.4-5.co.uk

Interpreting property contracts: Some “special” principles – Wilberforce Chambers

Posted November 26th, 2019 in contracts, conveyancing, interpretation, land registration, news by sally

‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’

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Wilberforce Chambers, 13th November 2019

Source: www.wilberforce.co.uk

Environmental Law Podcast – November 2019 – Six Pump Court

Posted November 26th, 2019 in environmental protection, financial regulation, news, nuisance, pollution by sally

‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 22nd November 2019

Source: www.6pumpcourt.co.uk

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers

Posted November 26th, 2019 in appeals, asylum, bail, education, news by sally

‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’

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Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers

Posted November 26th, 2019 in dispute resolution, employment, employment tribunals, judiciary, news by sally

‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’

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Littleton Chambers, 25th November 2019

Source: www.littletonchambers.com

Environmental Law News Update – Six Pump Court

Posted November 26th, 2019 in disclosure, environmental protection, freedom of information, news, privilege by sally

‘In this latest Environmental Law News Update, Christopher Badger considers a successful appeal for the disclosure of privileged instructions to Counsel under the Environmental Information Regulations 2004, the adoption of legislative reforms on sustainable finance and investments by the European Council and Greenpeace claims that the UK will miss environmental targets for 2020 and beyond.’

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Six Pump Court, 19th November 2019

Source: www.6pumpcourt.co.uk

International charitable trusts and IHT exemption – Wilberforce Chambers

Posted November 26th, 2019 in charities, inheritance tax, news, trusts by sally

‘The Supreme Court, in the recent decision of Routier v Revenue and Customs Commissioners (No 2) [2019] UKSC 43, [2019] 3 WLR 757, has provided valuable guidance as to the scope of s. 23 of the Inheritance Tax Act 1984 (which exempts gifts to charities from IHT). The case is a welcome decision for private clients and their estate planners wishing to support international charitable causes while simultaneously benefitting from reduced liability to inheritance tax.’

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Wilberforce Chambers, 8th November 2019

Source: www.wilberforce.co.uk

An appeal is not a form of gratuitous essay-marking exercise – Hardwicke Chambers

Posted November 26th, 2019 in news by sally

‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’

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Hardwicke Chambers, 25th November 2019

Source: hardwicke.co.uk

Samuel Parsons considers the recent decision of ICC Judge Barber in Re London Bridge Entertainment Partners LLP (in administration) – Guildhall Chambers

Posted November 26th, 2019 in administrators, deposits, expenses, news, rent by sally

‘Insolvency and Companies Court (ICC) Judge Barber held that the Lundy Granite principle does not extend to an obligation to ‘top up’ a rent deposit fund, where sums had been withdrawn from the fund to pay rent. Re London Bridge Entertainment Partners shows how seemingly immaterial business decisions made when an entity is solvent will be thrown into relief when the same entity becomes insolvent. Here, the decision to ‘pay first, ask questions later’ from the deposit fund meant that the landlord effectively lost its priority ranking in respect of those rent payments; a priority it could otherwise have been entitled to. The case also demonstrates that the ambit of provable debts will continue to be construed broadly, while the category of administration expenses will be narrowly construed. Written by Samuel Parsons, barrister at Guildhall Chambers.’

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Guildhall Chambers, 22nd November 2019

Source: www.guildhallchambers.co.uk

Silent Victims – The Damaging Impact of the UK Drug Trade on the Environment – 25 Bedford Row

Posted November 26th, 2019 in drug trafficking, environmental protection, news by sally

‘Drug trafficking, and tackling it, includes practices which are costly to the UK’s natural habitat—from drug-fuelled deforestation to drug-plant eradication—yet it remains an underexplored issue. A recent study has highlighted the environmental damage caused by the narcotics trade, showing traces of cocaine and other illegal drugs in marine life in UK rivers. Rudi Fortson QC, barrister at 25 Bedford Row and visiting Professor of Law at Queen Mary University of London, outlines the legislation (or lack of) responsible for protecting the environment against illegal activity and how things could be improved.’

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25 Bedford Row, 7th November 2019

Source: www.25bedfordrow.com

Inquest finds St Leonards hospice patients were unlawfully killed in fire – Garden Court Chambers

Posted November 26th, 2019 in fire, inquests, news, unlawful killing by sally

‘At an inquest in Hastings yesterday Senior Coroner Alan Craze concluded that three patients who died after a fire at a hospice on 11 July 2015 were unlawfully killed.’

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Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

‘I’m a Celebrity – Get Me a Confidentiality Clause!’ – No. 5 Chambers

Posted November 26th, 2019 in confidentiality, consent, divorce, media, news, non-disclosure agreements by sally

‘The national press has relished reporting the ongoing saga of Ant McPartlin’s divorce from his former wife, Lisa Armstrong. The public have been informed of the details regarding the extent of the couple’s wealth (reported to be around £62m), the amount the couple have spent on legal costs (reported to be £1.5m) and the latest offer made by Ant (reported to consist of a package which would leave Lisa with around £31m). Lisa denies that Ant has made such an offer but perhaps of most interest to divorce lawyers is the suggestion that whatever the true extent of Ant’s offer, Lisa is not prepared to sign a consent order due to Ant’s insistence that any such order should contain a non-disclosure agreement (N.D.A.)’

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No. 5 Chambers, 19th November 2019

Source: www.no5.com