Credit hire rates. Are they basically the same? – Park Square Barristers

Posted March 19th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’

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Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

Are Covert Recordings Admissible? – No. 5 Chambers

‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

Enforcing family financial orders – Law Commission

Posted March 19th, 2015 in consultations, enforcement, financial provision, Law Commission, news by sally

‘Every year, thousands of separating couples apply to the courts for financial orders, either because they cannot agree or to turn an agreement into an order so as to make it enforceable. The courts can order a person to make financial provision for a former spouse or civil partner. Sometimes the courts also make orders for the benefit of the children. The orders are made to help make sure that the needs of both partners and their children are met and, where possible, to maintain their living standards.’

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Law Commission, 11th March 2015

Source: www.lawcommission.justice.gov.uk

Sexual Offences Prevention Orders – One Inner Temple Lane

Posted March 19th, 2015 in news, sexual offences, sexual offences prevention orders by sally

‘The purpose of Sexual Offences Prevention Orders (SOPOs) are to protect the public or any particular members of the public where necessary from serious sexual harm from a defendant. This article is intended to consider the key features of the current regime pursuant to the Sexual Offences Act 2003 (SOA) and the limitations that the SOPO in its current form suffers from.’

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One Inner Temple Lane, 27th February 2015

Source: www.1itl.com

Varying a Foreign Maintenance Order Post the Maintenance Regulation – Family Law Week

Posted March 19th, 2015 in divorce, EC law, financial provision, news, regulations by sally

‘James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).’

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Family Law Week, 17th March 2015

Source: www.familylawweek.co.uk

EVENT: King’s College London – Combating Climate Change: What Law Demands

Posted March 19th, 2015 in Forthcoming events by sally

‘It may seem that, in the absence of explicit treaties, states have no legal obligations to curb their greenhouse gas emissions. Yet, if emissions continue on their present trajectory, the harms they cause will reach catastrophic proportions, putting the human rights of billions of people in jeopardy. International human rights law is legally binding on states, which are, therefore, not free to continue business as usual. But how much do human rights and other sources of law, in particular tort law, require each state to do to reduce emissions, even in the absence of a specific treaty? A group of legal experts from around the world has answered this question, producing a set of Principles, setting out existing obligations regarding the climate, along with a detailed legal Commentary. These documents may help judges decide whether particular governments are in compliance with their legal obligations to address climate change. The principles may also serve many other purposes, for example they may strengthen the bargaining position of poor countries by pointing to far-reaching obligations of wealthy countries.’

Date: 30th March 2015, 6.00-8.00pm

Location: SW1.17 East Wing Somerset House

Charge: Free, registration required

More information can be found here.

Tribunal confirms no penalty for implementing tax avoidance scheme – RPC Tax Take

Posted March 19th, 2015 in news, penalties, tax avoidance, tribunals by sally

‘In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) (“FTT”) allowed the taxpayer’s appeal against the imposition by HMRC of a penalty, which was based on an allegation of negligent implementation of a tax planning scheme by the taxpayer.’

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RPC Tax Take, 18th March 2015

Source: www.rpc.co.uk

‘How not to embark upon, and pursue, a care case’ – Park Square Barristers

Posted March 19th, 2015 in care orders, news, placement orders, social services by sally

‘In the 2014 case Re R (A Child) [2014] EWCA Civ 1625, the president considered the post-Re B & -Re B-S landscape, stressing that ‘Re B-S was not intended to change and has not changed the law’ [para. 44] on adoption. The president’s judgment clarified that, in the wake of Re B and Re B-S, it is not right to say that an application for a placement order now has to ‘surmount a much higher hurdle’ or to exclaim that ‘adoption is over’.’

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Park Square Barristers, 25th February 2015

Source: www.parksquarebarristers.co.uk

Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Posted March 19th, 2015 in costs, legal aid, litigants in person, news, pro bono work by sally

‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’

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Family Law Week, 16th March 2015

Source: www.familylawweek.co.uk

Council loses Supreme Court appeal in rights of way battle with trail riders – Local Government Lawyer

Posted March 19th, 2015 in appeals, local government, motorcycles, news, rights of way, Supreme Court by sally

‘The Supreme Court has rejected – by a 3-2 majority – a county council’s appeal over whether an application by motorcyclists to upgrade rights of way complied with relevant statutory requirements.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

Priority in Sale and Leaseback – Radcliffe Chambers

Posted March 19th, 2015 in contracts, equity, leases, mortgages, news by sally

‘Scott v. Southern Pacific Mortgages Ltd, in which the Supreme Court gave judgment on 22nd October 2014, has finally determined, in favour of the mortgagees, the question of priority between home owners, who had sold their homes under sale and leaseback schemes after getting into financial difficulties in return for the grant of a tenancy from the purchaser, and the mortgagees who provided the finances for the purchases. In order for the home owners’ unregistered interests to override a registered disposition under the Land Registration Act 2002, the interest had to be a proprietary interest, but prior to acquiring the legal estate a purchaser could not grant equitable rights of a proprietary character, as opposed to personal rights.’

Full story (PDF)

Radcliffe Chambers, 10th February 2015

Source: www.radcliffechambers.com

State Aid Issues for Local Authorities – Thirty Nine Essex Street

Posted March 19th, 2015 in EC law, local government, news, state aids by sally

‘The Treaty on the Functioning of the European Union provides that certain government activities may be prohibited because they give an advantage in a selective way to certain entities, which might affect competition within the internal market. Those advantages may amount to prohibited state aid, or may be state aid which is either expressly allowed by the Treaty, or which may be allowed, dependent on the circumstances.’

Full story (PDF)

Thirty Nine Essex Street, January 2015

Source: www.39essex.com

The new drug-driving offence – Park Square Barristers

‘For many years, there has been a prescribed limit to the amount of alcohol one may have in one’s system when driving, but there has been no parallel legislation or specified limit in relation to drug-driving, prescribed or otherwise.’

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Park Square Barristers, 24th February 2015

Source: www.parksquarebarristers.co.uk

RSPCA drops its last hunting prosecution – Daily Telegraph

Posted March 19th, 2015 in hunting, news, private prosecutions by sally

‘The animal welfare charity says there is no longer a “realistic prospect of securing a conviction” against a master of the Cattistock hunt’

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Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

Sir James Munby, President of the Family Division, Practice Direction 27a and ‘the Delinquents’ – The World of Family Law (Garden Court Chambers)

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’

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The World of Family Law (Garden Court Chambers), 18th March 2015

Source: www.gcfamily.wordpress.com

EVENT: IALS – The Consequences for criminal law of an EU exit. Are we walking blindly into the unknown?

Posted March 19th, 2015 in Forthcoming events by sally

‘We have been promised a referendum on EU membership by at least one political party in the event that they gain a majority at the next election. But, from a criminal law perspective, what considerations should inform our decision – what might we lose and what might we gain?

Speakers:

Prof John Spencer, Cambridge University;
Prof Estella Baker, De Montfort University;
Mike Kennedy, former Chair of Eurojust;
Prof Steve Peers, Essex University.’

Date: 29th April 2015, 3.00-6.30pm

Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Tribunal finds in favour of property developer who was not trading – RPC Tax Take

Posted March 19th, 2015 in appeals, HM Revenue & Customs, news, rent, tribunals by sally

‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’

Full story

RPC Tax Take, 11th March 2015

Source: www.rpc.co.uk

Can Employment Tribunals Conduct Their Own Internet Research? – No. 5 Chambers

Posted March 19th, 2015 in appeals, civil procedure rules, employment tribunals, internet, news by sally

‘A vexed question: Where is the boundary between assistance and being in the arena? And how does the internet impact on that. The latest attempt to give guidance is the curious case of East of England Ambulance Service NHS Trust v Sanders UKEAT/0217/14/RN before Langstaff P and 2 lay members.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

Polo player choked on sock after drug session – Daily Telegraph

Posted March 19th, 2015 in doctors, drug abuse, drug offences, news, sentencing by sally

‘A doctor who gave the president of a university polo club a cocktail of drugs leading him to choke to death on a sock has been jailed.’

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Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

What’s Coming Next for Local Government – Thirty Nine Essex Street

Posted March 19th, 2015 in bills, local government, news, taxation by sally

‘2015 promises to be an interesting year for local government, albeit against a backdrop of continued cuts, with localism, devolution and reform of local government finance all politically prominent issues, although it is too soon to predict what form they will take. After considering the general context, this paper addresses recent case law that is relevant to local government finance and in particular the caution that must be exercised against the unlawful use of charging to generate revenue. We then outline some of the main features of the Government’s Deregulation Bill, which is currently at the report stage in the House of Lords, and conclude with a reminder of the potential pit-falls of promises in an election year.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com