Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Secret Commissions: Wood v Commercial First Business – Case Analysis – Forum Chambers

Posted November 20th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’

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Forum Chambers, 12th November 2019

Source: www.forumchambers.com

Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry – Garden Court Chambers

Posted November 20th, 2019 in detention, immigration, inquiries, news, ombudsmen by sally

‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Terminally Ill Dad ‘Fights On’ After High Court Rejects Assisted Dying Case – Rights Info

Posted November 20th, 2019 in assisted suicide, human rights, news by sally

‘A terminally ill dad has vowed to fight on after the High Court rejected his human rights challenge against the UK’s blanket ban on assisted dying.’

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Rights Info, 19th November 2019

Source: rightsinfo.org

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

Posted November 20th, 2019 in children, domestic violence, family courts, forced marriages, jurisdiction, news, non-molestation orders, wardship by sally

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

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5SAH, 12th November 2019

Source: www.5sah.co.uk

Relief from the forfeiture of a licence – Guildhall Chambers

Posted November 20th, 2019 in forfeiture, landlord & tenant, leases, news by sally

‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’

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Guildhall Chambers, 7th November 2019

Source: www.guildhallchambers.co.uk

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer

Posted November 20th, 2019 in council tax, fraud, local government, news, statistics by sally

‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Recent Changes to the Financial Ombudsman Service – Hardwicke Chambers

Posted November 20th, 2019 in financial regulation, jurisdiction, news, ombudsmen by sally

‘On 1 April 2019, the Financial Conduct Authority (FCA) enacted new rules that substantially expanded the jurisdiction of the Financial Ombudsman Service (FOS). Whereas previously it was limited to awarding complainants redress of £150k, that figure is now £350k. In addition, the categories of eligible complainant will now include not only individuals and ‘micro enterprises’ but also SMEs (small to medium enterprises) whose turnover is below £6.5m and who have either less than 50 employees or a balance sheet total of less than £5m.’

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Hardwicke Chambers, 13th November 2019

Source: hardwicke.co.uk

Whose knowledge counts? Singularis v. Daiwa and Attribution – 4 New Square

Posted November 20th, 2019 in agency, company directors, company law, duty of care, fraud, news, Supreme Court by sally

‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’

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4 New Square, 6th November 2019

Source: www.4newsquare.com

Service of a Claim Form – What Mediums Can I Use? – Becket Chambers

Posted November 20th, 2019 in electronic filing, electronic mail, news, service, telecommunications by sally

‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’

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Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

Pizza prank Sussex Police sergeant guilty of gross misconduct – BBC News

Posted November 20th, 2019 in Judaism, misfeasance in public office, news, police by sally

‘A sergeant who dangled a slice of pepperoni pizza over a Jewish officer’s kosher pizza, causing a piece of pork to fall off and land on hers has been found guilty of gross misconduct.’

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BBC News, 19th November 2019

Source: www.bbc.co.uk

City firms’ presenteeism culture in the dock – Legal Futures

Posted November 20th, 2019 in families, flexible working, law firms, news by sally

‘The case of a City lawyer told that leaving work slightly early to pick up her children was setting a bad example, shows how the profession needs to work on changing the culture of presenteeism, a flexible working specialist has argued.’

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Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

High Court declares trafficking policy unlawful for preventing effective access to victims to be correctly identified in breach of UK’s trafficking obligations – Garden Court Chambers

Posted November 20th, 2019 in judicial review, news, trafficking in human beings by sally

‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’

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Garden Court Chambers, 15th November 2019

Source: www.gardencourtchambers.co.uk

Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers

Posted November 20th, 2019 in competition, covenants, injunctions, news, restrictive covenants, undertakings by sally

‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’

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Blackstone Chambers, 18th November 2019

Source: www.employeecompetition.com

The Art of Mediation – The 36 Group

Posted November 20th, 2019 in artistic works, dispute resolution, news by sally

‘Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.’

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The 36 Group, 12th November 2019

Source: 36group.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

Posted November 20th, 2019 in adoption, appeals, care orders, local government, news, placement orders, proportionality, reasons by sally

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Police chief convicted for having child sexual abuse image on phone – The Guardian

Posted November 20th, 2019 in indecent photographs of children, news, police, telecommunications, video recordings by sally

‘A Metropolitan police chief who was sent an unsolicited video of child sexual abuse via WhatsApp has been convicted of possessing indecent images on her phone.’

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The Guardian, 19th November 2019

Source: www.theguardian.com

Partners made “secret profit” from flight delay ATE insurance – Litigation Futures

Posted November 20th, 2019 in airlines, delay, disciplinary procedures, insurance, news, secret profits, solicitors by sally

‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 20th November 2019

Source: www.litigationfutures.com

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Judge slams police treatment of Manchester rape victim – BBC News

Posted November 20th, 2019 in Crown Prosecution Service, news, prosecutions, rape, victims by sally

‘A judge has criticised the way a male police officer interviewed a teenage rape victim, saying it caused “further abuse” for the girl.’

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BBC News, 19th November 2019

Source: www.bbc.co.uk