Committals in financial remedies – a remedy of last resort? – St Philips Barristers

Posted April 1st, 2025 in news by sally

‘Hale LJ opined in Hale v Tanner, that applications for committal within a family law context raise unique considerations (for example, children).[1] The procedure is complex and must be followed meticulously as the application will fail if it is not. This is because the consequences of the application succeeding are serious – a person’s liberty is at stake.’

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St Philips Barristers, 25th March 2025

Source: st-philips.com

Prescribed Requirements and Section 21 Notices: service by post after Khan v D’Aubigny [2025] EWCA Civ 11 – St John’s Chambers

Posted April 1st, 2025 in news by sally

‘In this article Nicole Hilton considers the recent Court of Appeal case Khan v D’Aubigny [2025] EWCA Civ 11. The question before the Court was whether Section 7 of the Interpretation Act 1978 (the ‘1978 Act’) applied to the requirements under the Housing Act 1988 and corresponding Regulations for the provision of an Energy Performance Certificate (‘EPC’), Gas Safety Certificate (‘GSC’), and How to Rent Guide.’

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St John's Chambers, 11th March 2025

Source: www.stjohnschambers.co.uk

Functus officio? The unresolved question of the Home Secretary’s power to withdraw or amend extradition orders: Lloyd [2025] – 2 Hare Court

Posted April 1st, 2025 in news by sally

‘For those few interested in the procedural niceties surrounding extradition orders made by the Secretary of State under Part 2 of the Extradition Act 2003, last Wednesday’s judgment in Lloyd v Secretary of State for the Home Department [2025] EWHC 656 (Admin) leaves two questions unanswered:
1. What impact do mistakes on the face of an order have on its presumptive validity?
2. Does the Secretary of State for the Home Department (“SSHD”) have a power to amend, withdraw or replace an extradition order, once made?’

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2 Hare Court, 24th March 2025

Source: www.2harecourt.com

Legal regulators have “key role” in improving access to justice – Legal Futures

Posted April 1st, 2025 in news by sally

‘Innovation sandboxes, mandatory regulation of paralegals and new sources of funding – like interest on client accounts – are among the ideas put forward today by a report on the role of regulation to improve access to justice.’

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Legal Futures, 1st April 2025

Source: www.legalfutures.co.uk

Causation Defences in Fatal Accident Act Claims – Ropewalk Chambers

Posted April 1st, 2025 in news by sally

‘In a recent fatal clinical negligence case that I was involved in, the agreed medical position was that the Deceased would have been unlikely to survive for more than a month after the negligent event that brought about their death.’

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Ropewalk Chambers, 25th February 2025

Source: ropewalk.co.uk

Corporate criminal liability under the Economic Crime and Corporate Transparency Act 2023 – Legal Studies

Posted April 1st, 2025 in news by sally

‘The passage into law of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) marks the first time that Parliament has made significant changes to the common law principles of corporate criminal liability. First, for fault-based crimes, the ECCTA 2023 extends the common law practice of identifying a company with the criminal acts of its directors. By virtue of section 196 of the Act, a company may now also be identified with fault-based criminal acts engaged in by its ‘senior managers’ below directorial level. Secondly, the ECCTA 2023 creates a new corporate offence of failing to prevent fraud, although this may be committed only by so-called ‘large organisations’. I argue that the first of these reforms was not properly thought through, and that it should in any event have been made largely redundant by giving wider scope to the second of these reforms. An opportunity was missed in the ECCTA 2023 to make a failure-to-prevent serious crime a more generally applicable principle of corporate criminal liability.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

Barclays revisited: the High Court re-opens the door for claimants in securities litigation cases – 4 New Square

Posted April 1st, 2025 in news by sally

‘In this article, Alex Forzani analyses the recent decision in Persons Identified in Schedule 1 v Standard Chartered plc [2025] EWHC 698 (Ch).’

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4 New Square, 26th March 2025

Source: www.4newsquare.com

Lawyers and lenders agog as Supreme Court hears motor finance case – Legal Futures

Posted April 1st, 2025 in news by sally

‘All eyes are on the Supreme Court this morning as it begins a three-day hearing on motor finance commissions that could open up or close down a major new source of legal work.’

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Legal Futures, 1st April 2025

Source: www.legalfutures.co.uk

Tenants win £260,000 of rent back in legal fight with London ‘rogue landlord’ – The Guardian

Posted April 1st, 2025 in news by sally

‘Tenants of two buildings in east London have been awarded a six-figure sum in rent repayments by a tribunal after challenging a billionaire described by a judge as a “rogue landlord”.’

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The Guardian, 31st March 2025

Source: www.theguardian.com

Fitness to Plead – 25 Bedford Row

Posted April 1st, 2025 in news by sally

‘It has been said that the peculiarities of the fitness to plead regime can cause practitioners to question their own sanity. This article seeks to summarise the fundamentals.’

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25 Bedford Row, 20th March 2025

Source: www.25bedfordrow.com

Law Society and Bar Council criticise performance of regulatory arms – Legal Futures

Posted April 1st, 2025 in news by sally

‘Both the Law Society and Bar Council have criticised their regulatory arms over the Legal Services Board’s assessment that their performance was inadequate and needed urgent improvement.’

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Legal Futures, 1st April 2025

Source: www.legalfutures.co.uk

Could the absence of a gender identity be “gender reassignment” under the Equality Act 2010? – by Dr Mollie Gascoigne – UK Labour Law

Posted April 1st, 2025 in news by sally

‘This year marks the fifth anniversary of the Birmingham Employment Tribunal’s decision in Taylor v Jaguar Land Rover (“Taylor“), where Ms Taylor’s non-binary, gender fluid identity constituted “gender reassignment” and was therefore capable of protection under section 7(1) of the Equality Act 2010 (“section 7(1)“, the “Act“).’

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UK Labour Law, 31st March 2025

Source: uklabourlawblog.com

Sentencing Council suspends plans for new guidelines amid ‘two-tier’ justice row – The Guardian

Posted April 1st, 2025 in news by sally

‘The Sentencing Council has caved to pressure and suspended plans for new guidelines which could have led to different sentences depending on age, sex and ethnicity, as ministers prepare to force through a law to overturn proposals.’

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The Guardian, 31st March 2025

Source: www.theguardian.com

Blood is not always thicker than water – Law Society’s Gazette

Posted March 31st, 2025 in news by sally

‘Every divorce is unique. But very few cases are quite as extraordinary as the divorce of James Morgan Copinger-Symes and his now ex-wife, Maria-Christina, a former manager of the band INXS. The couple, who married in 1998, had four children and lived in a multimillion-pound townhouse in Chelsea. In a recent judgment handed down in the Central Family Court, His Honour Judge Edward Hess presided over a highly unusual and remarkable dispute involving the Copinger-Symes’ divorce settlement, which was finalised in 2022.’

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Law Society's Gazette, 28th March 2025

Source: www.lawgazette.co.uk

What does SRA v Dentons tell us about the role of solicitors in preventing money laundering and what approach the SRA is now likely to take towards any shortcomings? – 4 New Square

Posted March 31st, 2025 in news by sally

‘In March 2024, the Solicitors Disciplinary Tribunal rejected the SRA’s case that by failing to carry out adequate checks on a “politically exposed person” under the Money Laundering Regulations 2007 (“the 2007 MLRs”), Dentons had breached Principle 7 of the SRA Principles 2011 and/or Outcome 7.5 of the SRA’s Code of Conduct 2011. A year later, however, on 11 March 2025, the High Court overturned that decision in SRA v Dentons UK & Middle East LLP [2025] EWHC 353 (Admin) and remitted the case to the SDT for further consideration.’

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4 New Square, 24th March 2025

Source: www.4newsquare.com

You Get What You Pay For: Reasonable Endeavours and Force Majeure – Cambridge Law Journal

Posted March 31st, 2025 in news by sally

‘Many force majeure clauses include the proviso that they cannot be used to affect a contract if the relevant obstacle to performance could reasonably be overcome by the parties. In RTI Ltd. v MUR Shipping BV [2024] UKSC 18, [2024] 2 W.L.R. 1350, the question was whether such a proviso can require a party to accept an offer of alternative, but equivalent, non-contractual benefits, instead of using the force majeure clause.’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Jailed beach killer ‘had a rage against women’ – BBC News

Posted March 31st, 2025 in news by sally

‘A criminology student who had a “grievance against women” has been jailed for attacking two friends in a frenzied stabbing on a beach in Bournemouth.’

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BBC News, 28th March 2025

Source: www.bbc.co.uk

A simple guide to issuing claims under TOLATA 1996 for separating cohabiting couples – St Phlips Barristers

Posted March 31st, 2025 in news by sally

‘In the absence of financial provision akin to divorcing couples, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a tool for separating couples in relation to their property. TOLATA claims are brought under the Civil Procedure Rules (CPR).’

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St Philips Barristers, 28th March 2025

Source: st-philips.com

Father who cut up elderly housemate and scattered body parts across Manchester jailed for life – The Independent

Posted March 31st, 2025 in news by sally

‘A man with a horror obsession who murdered and dismembered his elderly housemate before scattering his body parts across their home city has been jailed for life.’

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The Independent, 28th March 2025

Source: www.independent.co.uk

Judge attacks process-driven approach to credit hire claims – Legal Futures

Posted March 31st, 2025 in news by sally

‘A senior district judge has again attacked credit hire claims, as well as a process-driven approach to bringing them, in a case where he awarded £1,200 for a claim valued at £50,200.’

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Legal Futures, 31st March 2025

Source: www.legalfutures.co.uk