20/03/2020 – Current Awareness

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

Posted March 20th, 2020 in appeals, banking, chambers articles, contracts, disclosure, fiduciary duty, news, privilege, solicitors by sally

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Icebergs Avoided: Navigating the s23 Case Law – Panopticon

Posted March 20th, 2020 in appeals, disclosure, freedom of information, news, tribunals by sally

‘Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC).’

Panopticon, 19th March 2020

Source: panopticonblog.com

Workplace law – BBC Law in Action

Posted March 20th, 2020 in dispute resolution, employment, employment tribunals, news by sally

‘How good are employment tribunals at resolving disputes between employers and staff? Joshua Rozenberg has been finding out.’

BBC Law in Action, 17th March 2020

Source: www.bbc.co.uk

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

Posted March 20th, 2020 in chambers articles, damages, deportation, detention, documents, false imprisonment, government departments, Iraq, mental health, news, psychiatric damage by sally

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

Posted March 20th, 2020 in adverse possession, chambers articles, Church of England, land registration, news, tribunals by sally

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Coronavirus: What Happens To Prisoners? – Each Other

Posted March 20th, 2020 in codes of practice, coronavirus, detention, health, health & safety, immigration, news, prison officers, prisons by sally

‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’

Each Other, 19th March 2020

Source: eachother.org.uk

Final hearings to go online “very shortly”, says Lord Chief – Litigation Futures

Posted March 20th, 2020 in civil justice, coronavirus, courts, families, family courts, health, health & safety, internet, live link evidence, news by sally

‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’

Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Thoughts on financial regulation in the time of Covid-19 – 11 KBW

Posted March 20th, 2020 in chambers articles, coronavirus, financial regulation, financial services ombudsman, news by sally

‘This note sets out some thoughts and information on the current crisis.’

11 KBW, 19th March 2020

Source: www.11kbw.com

Wiltshire woman jailed for smuggling crystal meth in dolls – BBC News

Posted March 20th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘A woman who helped smuggle crystal meth with a street value of nearly £1m into the UK disguised as dolls and coffee beans has been jailed.’

BBC News, 19th March 2020

Source: www.bbc.co.uk

Jhuti in the context of unfair dismissal proceedings – 3PB

Posted March 20th, 2020 in chambers articles, employment, employment tribunals, news, sexual offences, unfair dismissal by sally

‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

Posted March 20th, 2020 in chambers articles, children, contact orders, families, family courts, news, parental rights by sally

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Ava-May Littleboy: No safety procedure in place, finds jury – BBC News

Posted March 20th, 2020 in causing death of children or vulnerable adults, children, health & safety, inquests, news, standards by sally

‘An inquest jury has criticised the safety management of an inflatable trampoline which exploded and threw a three-year-old girl to her death.’

BBC News, 19th March 2020

Source: www.bbc.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 20th, 2020 in appeals, chambers articles, costs, documents, gender, government departments, human rights, news, passports by sally

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

Bar students urge BSB to reconsider exam delay – Legal Futures

Posted March 20th, 2020 in barristers, coronavirus, delay, examinations, health, internet, legal education, news by sally

‘Students on the Bar professional training course (BPTC) have written a letter to the Bar Standards Board (BSB) to object to its decision to cancel the April sitting of the centralised examinations due to the coronavirus.’

Legal Futures, 20th March 2020

Source: www.legalfutures.co.uk

Further Lessons from Lehman Bros: The Court’s Control of Office Holders – Hardwicke Chambers

Posted March 20th, 2020 in administrators, appeals, banking, chambers articles, coronavirus, debts, insolvency, news by sally

‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’

Hardwicke Chambers, 17th March 2020

Source: hardwicke.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

Posted March 20th, 2020 in compensation, damages, disclosure, doctors, hospitals, news, unfair dismissal, whistleblowers by sally

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

‘Miss Hitler’ and three others guilty of National Action membership – BBC News

Posted March 20th, 2020 in news, proscribed organisations, retrials, terrorism by sally

‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’

BBC News, 19th March 2020

Source: www.bbc.co.uk

Consumer panel urges more fixed fees and SRA fining powers – Legal Futures

Posted March 20th, 2020 in consumer protection, fees, fines, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘More use of fixed fees and an increase in the Solicitors Regulation Authority’s (SRA) fining powers are among recommendations made today by the Legal Services Consumer Panel.’

Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk

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