The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

Denial of social care support to persons subject to immigration control, and human rights – Community Care Blog

Posted October 29th, 2019 in asylum, immigration, mental health, news, social services by tracey

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who came to the United Kingdom from Kuwait, arriving in 1996. Mt Aburas had mental health issues and had been diagnosed with bi-polar disorder and depression. He was a failed asylum-seeker without regular immigration status. Southwark determined that he was in the category ‘no recourse to public funds’ as a ‘person subject to immigration control’ for the purposes of section 21 of the Care Act 2014. He was present in the United Kingdom as a ‘person in breach of immigration control’ for the purposes of Schedule 3 paragraphs 1 and 7(1)(a) to the Nationality Immigration and Asylum Act 2002. He faced barriers to a proposed removal to Kuwait.’

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Community Care Blog, 23rd October 2019

Source: communitycare11kbw.com

Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal

Posted October 29th, 2019 in benefits, disability discrimination, domestic violence, housing, human rights, news by tracey

‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’

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Nearly Legal, 27th October 2019

Source: nearlylegal.co.uk

Permission to appeal out of time – the strict approach – Nearly Legal

Posted October 29th, 2019 in homelessness, housing, limitations, news by tracey

‘Emambee v London Borough of Islington (2019) EWHC 2835 (QB). We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a strict view, both on when the s.202 review decision was received, and on delay to obtain legal representation.’

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Nearly Legal , 27th october 2019

Source: nearlylegal.co.uk

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by tracey

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

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OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2019 in legislation by tracey

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 29th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Begum v Ahmed [2019] EWCA Civ 1794 (28 October 2019)

RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 (28 October 2019)

Court of Appeal (Criminal Division)

Binfield, R. v [2019] EWCA Crim 1812 (25 October 2019)

High Court (Chancery Division)

CD, Re presumed death of AB [2019] EWHC 2785 (Ch) (29 October 2019)

SL Claimants v Tesco Plc [2019] EWHC 2858 (Ch) (28 October 2019)

High Court (Commercial Court)

Priyanka Shipping Ltd v Glory Bulk Carriers PTE Limited [2019] EWHC 2804 (Comm) (28 October 2019)

High Court (Family Division)

FRB v DCA [2019] EWHC 2816 (Fam) (28 October 2019)

Source: www.bailii.org

Law firm entitled to fees from CFA after claimant’s death – Litigation Futures

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by tracey

‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’

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Litigation Futures, 29th October 2019

Source: www.litigationfutures.com

Mentally ill man jailed for yelling racist abuse at judge – Legal Futures

Posted October 29th, 2019 in contempt of court, mental health, news, racism, sentencing by tracey

‘A mentally ill man has been jailed for 10 days for contempt in the face of the court after yelling racist abuse at a judge at Bristol Magistrates’ Court.’

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Legal Futures, 29th October 2019

Source: www.legalfutures.co.uk

New review will enhance response to serious and organised crime – Home Office

‘The review announced by the Government will look to identify ways of bolstering the response to threats such as county lines, people trafficking and drugs.’

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Home Office, 29th October 2019

Source: www.gov.uk

Tougher hate crime sentences at record levels – Crown Prosecution Service

Posted October 29th, 2019 in Crown Prosecution Service, hate crime, news, sentencing, statistics by tracey

‘Courts are handing down tougher sentences in almost three out of four hate crime cases – the highest proportion ever, according to new figures published today.’

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Crown Prosecution Service, 25th October 2019

Source: www.cps.gov.uk

Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding – Courts and Tribunals Judiciary

Posted October 29th, 2019 in evidence, judiciary, news, reasons by tracey

‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’

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Courts and Tribunals Judiciary, 29th October 2019

Source: www.judiciary.uk

District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette

‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Serious misconduct is not always a banning offence, High Court rules – Law Society’s Gazette

Posted October 29th, 2019 in disciplinary procedures, fraud, news, sanctions, solicitors by tracey

‘The High Court has opted not to ban a solicitor caught up in a property scam, saying a finding of serious misconduct should not always result in such a penalty.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Ex-commissioner condemns ‘failing’ UK approach to human trafficking – The Guardian

Posted October 29th, 2019 in news, prosecutions, trafficking in human beings, victims by tracey

‘The former anti-slavery commissioner Kevin Hyland has described the UK’s system for preventing people-trafficking into the country as “failing” and called for urgent reform.’

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The Guardian, 28th October 2019

Source: www.theguardian.com

Child sexual abuse inquiry criticises lack of cooperation from Vatican – The Guardian

Posted October 29th, 2019 in child abuse, clergy, inquiries, news, sexual offences by tracey

‘The Vatican’s repeated refusal to cooperate with official investigations into paedophile priests and its delay in stripping convicted offenders of their clerical status has been condemned by the UK’s child sexual abuse inquiry. In a highly critical attack on the papacy’s stonewalling response to decades of complaints, the lead counsel to the inquiry, Brian Altman QC, said it was “very disappointing” that significant evidence and statements had been withheld.’

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The Guardian, 28th October 2019

Source: www.theguardian.com

Inquest into Mia Atkins choking death: Misadventure ruling – BBC News

Posted October 29th, 2019 in children, emergency services, hospitals, inquests, news by tracey

‘The death of a two-year-old girl who choked on a cocktail sausage was caused by misadventure, a coroner has ruled.’

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BBC News, 28th October 2019

Source: www.bbc.co.uk

Government vows to outlaw NDA cover-ups in sex harassment cases after inquiry prompted by Sir Philip Green scandal – Daily Telegraph

Posted October 29th, 2019 in harassment, news, non-disclosure agreements, select committees by tracey

‘Non-disclosure agreements (NDAs) which cover up discrimination and harassment are “unacceptable”, the Government has said as it vows a crackdown in wake of the investigation into Sir Philip Green.’

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Daily Telegraph, 29th October 2019

Source: www.telegraph.co.uk

Police watchdog inquiry launched over Carl Beech report – The Guardian

‘An inquiry has been launched into the police watchdog after its report on the investigation into false claims of a VIP Westminster paedophile ring was branded “a whitewash”.’

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The Guardian, 28th October 2019

Source: www.theguardian.com

Ben Lacomba: Taxi driver found guilty of murdering missing mother of five – The Independent

Posted October 29th, 2019 in domestic violence, missing persons, murder, news by tracey

‘Taxi driver Ben Lacomba has been found guilty of murdering missing mother-of-five Sarah Wellgreen, more than a year after she was last seen alive.’

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The Independent, 28th Ocotber 2019

Source: www.independent.co.uk