Day: 11 December 2018
Where are we now with the Criminal Finance Act 2017 – The New Tax Evasion Offence – Drystone Chambers
‘The Criminal Finance Act 2017 introduced two new offences: some eighteen months on I consider below how it is being used. The offences were first mooted after the panama papers scandal, prompted by the then Prime Minister’s involvement in it. Due to this the offences were considered to be largely politically motivated and the practicalities of using them were not really considered. In my view they will very rarely be used, if at all, but that does not mean that companies do not have to monitor the measures they have put in place to comply with the legislation. The majority of prosecutions are going to come from self disclosures or whistle blowers, if at all.’
Drystone Chambers, November 2018
Source: drystone.com
Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square
‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’
4 New Square, 22nd November 2018
Source: www.4newsquare.com
Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW
‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’
11 KBW, 15th November 2018
Source: www.11kbw.com
How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers
‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
High Court rejects challenge by motorcyclists over ban on use of three ‘green lanes’ – Local Government Lawyer
‘Hampshire County Council has successfully defended a legal challenge brought by trail riders over its decision to prohibit the use of three linked ‘green lanes’ by motor vehicles and motor cyles.’
Local Government Lawyer, 10th December 2018
Source: www.localgovernmentlawyer.co.uk
Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billing – 4 New Square
‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’
4 New Square, 28th November 2018
Source: www.4newsquare.com
New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog
‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’
UKSC Blog, 5th December 2018
Source: ukscblog.com
Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
2017 reforms to the NHS charging regime for ‘overseas visitors’ upheld – 11 KBW
‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’
11 KBW, 10th December 2018
Source: www.11kbw.com
Judgment leaves claimants ‘hacked off’ – UK Human Rights Blog
‘By Judgment handed down on 29 November 2018 Lord Justice Davis and Mr Justice Ouseley dismissed the Claimants claims for Judicial Review of the Government’s decision to not embark on ‘Part 2’ of the Leveson Inquiry.’
UK Human Rights Blog, 11th December 2018
Source: ukhumanrightsblog.com
Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square
‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’
4 New Square, 10th December 2018
Source: www.4newsquare.com
Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers
‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’
Blackstone Chambers, 30th November 2018
Source: www.blackstonechambers.com
The myth that Article 50 is a one-way street – New Law Journal
‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’
New Law Journal, 5th December 2018
Source: www.newlawjournal.co.uk
Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square
‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’
4 New Square, 11th December 2018
Source: www.4newsquare.com
British Telecommunications plc v Office of Communications – Blackstone Chambers
‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’
Blackstone Chambers, 15th November 2018
Source: www.blackstonechambers.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Kurtz v R [2018] EWCA Crim 2743 (10 December 2018)
High Court (Administrative Court)
Trail Riders Fellowship v Hampshire County Court [2018] EWHC 3390 (Admin) (07 December 2018)
East Bergholt Parish Council v Babergh District Council [2018] EWHC 3400 (Admin) (07 December 2018)
High Court (Queen’s Bench Division)
Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) (10 December 2018)
Source: www.bailii.org
New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog
‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
UK Arbitration Act: Time for a revamp? – 4 New Square
‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’
4 New Square, 12th November 2018
Source: www.4newsquare.com
