‘The latest monthly environmental law news podcast presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’
Six Pump Court, 22nd November 2019
Source: www.6pumpcourt.co.uk
‘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.’
Garden Court Chambers, 21st November 2019
Source: www.gardencourtchambers.co.uk
‘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.’
Littleton Chambers, 25th November 2019
Source: www.littletonchambers.com
‘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.’
Six Pump Court, 19th November 2019
Source: www.6pumpcourt.co.uk
‘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.’
Wilberforce Chambers, 8th November 2019
Source: www.wilberforce.co.uk
‘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.’
Hardwicke Chambers, 25th November 2019
Source: hardwicke.co.uk
‘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.’
Guildhall Chambers, 22nd November 2019
Source: www.guildhallchambers.co.uk
‘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.’
25 Bedford Row, 7th November 2019
Source: www.25bedfordrow.com
‘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.’
Garden Court Chambers, 21st November 2019
Source: www.gardencourtchambers.co.uk
‘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.’
Littleton Chambers, 21st November 2019
Source: www.littletonchambers.com
‘“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.’
5SAH, 19th November 2019
Source: www.5sah.co.uk
‘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’.’
Garden Court Chambers, 22nd November 2019
Source: www.gardencourtchambers.co.uk
‘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.’
Nearly Legal, 24th November 2019
Source: nearlylegal.co.uk
‘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.’
OUT-LAW.com, 25th November 2019
Source: www.pinsentmasons.com
Court of Appeal (Civil Division)
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
‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’
Litigation Futures, 26th November 2019
Source: www.litigationfutures.com
‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’
Courts and Tribunals Judiciary, 19th November 2019
Source: www.judiciary.uk
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