The CumEx trading scandal: What are the implications for the UK? – 5SAH

Posted November 26th, 2019 in financial regulation, news, shareholders, tax avoidance, taxation by sally

‘“CumEx” is a controversial dividend arbitrage stock trading practice currently under investigation in several European jurisdictions with, to date, limited involvement from the UK authorities. It allegedly caused significant losses to various EU treasuries, which are currently engaged in civil proceedings, regulatory settlements and criminal proceedings, including against two former London traders who are currently on trial for tax fraud in Germany.’

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5SAH, 19th November 2019

Source: www.5sah.co.uk

‘What role do judges have in the fight against human trafficking?’ – Michelle Brewer delivers key note at OSCE International Conference – Garden Court Chambers

Posted November 26th, 2019 in judiciary, news, trafficking in human beings by sally

‘Michelle Brewer of Garden Court delivered the keynote address at the OSCE (Organisation for Security and Co-operation in Europe) international conference on ‘The Critical Role of the Judiciary in Combating Trafficking in Human Beings’.’

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Garden Court Chambers, 22nd November 2019

Source: www.gardencourtchambers.co.uk

No going back – Nearly Legal

Posted November 26th, 2019 in damages, landlord & tenant, news, repossession by sally

‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’

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Nearly Legal, 24th November 2019

Source: nearlylegal.co.uk

High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com

Posted November 26th, 2019 in insolvency, jurisdiction, news, stay of proceedings by sally

‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’

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OUT-LAW.com, 25th November 2019

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted November 26th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Al-Enein, R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 2024 (25 November 2019)

High Court (Chancery Division)

BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3219 (Ch) (25 November 2019)

High Court (Commercial Court)

Daimler AG v MOL (Europe Africa) Ltd & Ors [2019] EWHC 3197 (Comm) (22 November 2019)

High Court (Family Division)

Akhmedova v Akhmedov [2019] EWHC 3140 (Fam) (22 November 2019)

Orphans From Syria, Re [2019] EWHC 3202 (Fam) (22 November 2019)

Source: www.bailii.org

High Court: CFA was a contentious business agreement – Litigation Futures

Posted November 26th, 2019 in costs, fees, news, solicitors by sally

‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’

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Litigation Futures, 26th November 2019

Source: www.litigationfutures.com

Pre-92 universities lead way with BPTC pass-rates – Legal Futures

Posted November 26th, 2019 in barristers, examinations, legal education, news, universities by sally

‘The pre-1992 universities achieve the best results in the centralised exams taken by students on the Bar Professional Training Course (BPTC), it has emerged.’

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Legal Futures, 26th November 2019

Source: www.legalfutures.co.uk

Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2019 in domestic violence, family courts, judiciary, speeches by sally

‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’

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Courts and Tribunals Judiciary, 19th November 2019

Source: www.judiciary.uk

Urgent Action Required: The Bar Council’s 2019 Manifesto for the Justice System – The Bar Council

Posted November 26th, 2019 in barristers, civil justice, criminal justice, elections, legal aid, news by sally

‘Today, at the Annual Bar and Young Bar Conference, Richard Atkins QC, Chair of the Bar, has announced the launch of the Bar Council’s general election manifesto – Urgent Action Required.’

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The Bar Council , 23rd November 2019

Source: www.barcouncil.org.uk

Fall in domestic abuse files sent to prosecutors despite rise in recorded crimes – The Guardian

Posted November 26th, 2019 in domestic violence, news, prosecutions, statistics by sally

‘Domestic-abuse related cases referred to prosecutors for consideration for charge have fallen 11% in a year despite a surge in the number of crimes recorded by police.’

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The Guardian, 25th November 2019

Source: www.theguardian.com

Home Office reverses attempt to deport Jamaican man ‘to Iraq’ – The Guardian

Posted November 26th, 2019 in deportation, immigration, news by sally

‘The Home Office has made a U-turn in the case of a man caring for his terminally ill partner who was told he was going to be deported to Jamaica because officials had concluded that he “failed to demonstrate that his life would be at risk in Iraq”.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Coercive control incidents double in a year, as campaigners warn domestic abuse “remains at epidemic levels” – Daily Telegraph

Posted November 26th, 2019 in coercive & controlling behaviour, domestic violence, news, statistics by sally

‘Coercive control reports to police have doubled within a year, new figures reveal, as campaigners warn that the true extent of the crime is only just starting to be recognised.’

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Daily Telegraph, 25th November 2019

Source: www.telegraph.co.uk

FCA to ban promotion of mini-bonds to small investors – The Guardian

Posted November 26th, 2019 in advertising, financial regulation, internet, news by sally

‘The City watchdog is to ban the promotion of speculative mini-bonds to small investors after facing severe criticism over its handling of the collapse of London Capital & Finance.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Police officer who was attacked by suspect has been ‘completely let down’ by justice system, police chief say – Daily Telegraph

Posted November 26th, 2019 in assault, attempts, Crown Prosecution Service, grievous bodily harm, news, police, prosecutions by sally

‘A female police constable who was attacked by a suspect has been “completely let down” by the justice system after prosecutors pursued a lower charge, the chair of the Police Federation has said.’

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Daily Telegraph, 25th November 2019

Source: www.telegraph.co.uk

Northamptonshire PC dismissed for Auschwitz eBay sales – BBC News

Posted November 26th, 2019 in disciplinary procedures, dismissal, internet, news, police, racism by sally

‘A police officer who sold items from Auschwitz on eBay has been dismissed without notice.’

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BBC News, 26th November 2019

Source: www.bbc.co.uk

Lorry driver pleads guilty over role in Essex deaths – The Guardian

Posted November 25th, 2019 in conspiracy, guilty pleas, homicide, immigration, news, trafficking in human beings by sally

‘A lorry driver charged with the manslaughter of 39 Vietnamese migrants found dead in a refrigerated trailer has pleaded guilty to plotting to assist illegal immigration.’

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The Guardian, 25th November 2019

Source: www.theguardian.com

SRA suspends immigration part of new rules – Legal Futures

Posted November 25th, 2019 in immigration, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has had to suspend rules due to come into force today that would allow solicitors to operate from firms regulated by the Office of the Immigration Services Commissioner (OISC).’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

Posted November 25th, 2019 in computer programs, contracts, cryptocurrencies, electronic commerce, electronic filing, internet, interpretation, news by sally

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

British women ‘being forced into polygamous relationships’ because law lets them down, campaigners say – The Independent

Posted November 25th, 2019 in islamic law, marriage, married persons, news, women by sally

‘British women are increasingly being pressured into polygamous relationships or left without child support when relationships break up because UK law does not offer adequate protection to spouses in religious marriages, campaigners have warned.’

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The Independent, 25th November 2019

Source: www.independent.co.uk

Lady Hale predicts gender parity in judiciary by 2033 – The Guardian

Posted November 25th, 2019 in diversity, equality, judges, judiciary, news, remuneration, statistics by sally

‘Gender equality in the number of judges in England and Wales should be achieved by 2033 at the current rates of progress, according to Lady Hale, the president of the supreme court.’

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The Guardian, 23rd November 2019

Source: www.theguardian.com