Day: 27 May 2020

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

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Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

Posted May 27th, 2020 in construction industry, dispute resolution, news, service out of jurisdiction by sally

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

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Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk

Illusory Open Justice: A Kafkan Attempt to Observe Magistrates Courts in the Time of COVID-19 – Transparency Project

Posted May 27th, 2020 in coronavirus, criminal justice, magistrates, news, remote hearings by sally

‘COVID-19 has taken a hammer to the already fragile transparency in our justice system. Open justice means that justice must not only be done but must be seen to be done. While journalists and court reporters can bring what happens in court to houses around the country, public access to our courts ensures judges and lawyers are sufficiently scrutinised. The coronavirus pandemic and the transition to virtual courts has all but severed public access to magistrates’ courts, risking the routine occurrence of miscarriages of justice with little prospect of correction.’

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Transparency Project, 27th May 2020

Source: www.transparencyproject.org.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

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UKSC Blog, 27th May 2020

Source: ukscblog.com

Costs settlement offer didn’t end at the door of the court, High Court rules – Law Society’s Gazette

Posted May 27th, 2020 in costs, news, time limits by sally

‘The High Court has ruled that a costs settlement offer did not lapse when the detailed assessment had started – and the claimant was entitled to accept it mid-hearing.’

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Law Society's Gazette, 26th May 2020

Source: www.lawgazette.co.uk

Patents – Rockwool International A/S v Knauf Insulation Ltd – NIPC Law

Posted May 27th, 2020 in appeals, news, patents by sally

‘This was an appeal from the refusal of the hearing officer, Mr Huw Jones, to revoke British patents GB2451719 (“719”) and GB2496951(“951”) (see Rockwool International A/S and Knauf Insulation Limited BL 0/291/19 28 May 2019).’

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NIPC Law, 23rd May 2020

Source: nipclaw.blogspot.com

New Judgment: Cardtronics UK Ltd & Ors v Skyes & Ors (Valuation Officers) – UKSC Blog

Posted May 27th, 2020 in banking, news, rates, Supreme Court by sally

‘These appeals concern the treatment for rating purposes of ATMs situated in supermarkets or shops owned and operated by the retailers. The issues raised by the case were whether the sites of the ATMS are to be properly identified as separate hereditaments from the stores and if so who was in rateable occupation of the separate hereditaments. Hereditament is defined in the General Rate Act 1967, s 115 (1) as “property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item on the valuation list”.’

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UKSC Blog, 26th May 2020

Source: ukscblog.com

AS v CPW: The Court retrospectively grants a time limited relocation of a child wrongly removed to, and retained in Sierra Leone – Family Law

Posted May 27th, 2020 in child abduction, children, news, retrospectivity, time limits by sally

‘In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

COVID-19 and Corporate Insolvency – Initial Indications on the Ban on Statutory Demands and Winding Up Petitions – 3 Hare Court

Posted May 27th, 2020 in coronavirus, insolvency, news, statutory demands, winding up by sally

‘The economic consequences of the COVID-19 pandemic are putting incredible pressures on companies of all kinds and sizes. The UK Government has been at pains to signal its support for business during the COVID-19 pandemic, most notably the furloughing scheme and company loans announced by the Chancellor, and further announcements by the Business Secretary seeking to reduce the burden on businesses and keep companies running.’

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3 Hare Court, 11th May 2020

Source: www.3harecourt.com

Has coronavirus changed the UK justice system for ever? – The Guardian

Posted May 27th, 2020 in bankruptcy, civil justice, coronavirus, criminal justice, juries, legal profession, news, remote hearings by sally

‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB

Posted May 27th, 2020 in domicile, judicial review, local government, news, school admissions, school children by sally

‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’

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3PB, 6th May 2020

Source: www.3pb.co.uk

New Judgment: Fowler v Commissioners for HMRC [2020] UKSC 22 – UKSC Blog

Posted May 27th, 2020 in double taxation, income tax, news, self-employment, Supreme Court, treaties by sally

‘Mr Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UK’s continental shelf. HMRC stated that he is liable to pay UK income tax for this period. Whether he is liable depends on the application of a Double Taxation Treaty between the UK and South Africa. Article 7 of the Treaty provides that self-employed persons are taxed only where they are resident (i.e. South Africa), whereas article 14 provides that employees may be taxed where they work (i.e. the UK). For the purposes of this appeal, the parties have assumed that Mr Fowler was an employee. Mr Fowler claims he is nevertheless not liable to pay tax in the UK. His case centres on a “deeming provision” in section 15 of the UK’s Income Tax (Trading and Other Income) Act 2005 (“ITTOIA”). This provides that an employed seabed diver is “treated” as self-employed for the purposes of UK income tax.’

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UKSC Blog, 26th May 2020

Source: ukscblog.com

Brian Christopher Jones: A single written UK constitution may only make things worse – UK Constitutional Law Association

Posted May 27th, 2020 in constitutional law, constitutional reform, legislative drafting, news by sally

‘Arguments for and against a single written (or “codified”) UK constitution often revolve around flexibility versus rigidity or transparency versus opacity. Recently, another common objection is that it would just be inconvenient, or impossible given the current levels of polarisation. These objections are reasonable and legitimate, but they are hardly the full extent of the story. In fact, much room exists for a more principled stance: that implementing a single written constitution may just be unwise, and ultimately lead to a number of democracy-hindering downsides.’

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UK Constitutional Law Association, 25th May 2020

Source: ukconstitutionallaw.org

Ricky Tomlinson’s criminal convictions to be re-examined – The Guardian

Posted May 27th, 2020 in affray, conspiracy, Criminal Cases Review Commission, industrial action, intimidation, news, trade unions by sally

‘The criminal convictions of actor Ricky Tomlinson, who starred in the TV comedy the Royle Family, are to be re-examined by appeal court judges after an official body suggested he may have been unjustly jailed.’

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The Guardian, 26th May 2020

Source: www.theguardian.com

Number of PI hearings halves during lockdown – Litigation Futures

Posted May 27th, 2020 in adjournment, barristers, coronavirus, news, personal injuries, remote hearings by sally

‘The number of hearings in personal injury (PI) cases has halved since lockdown began, new figures have shown, with barristers calling for a presumption towards hearing, rather than adjourning, cases.’

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Litigation Futures, 22nd May 2020

Source: www.litigationfutures.com

Eureka moment? Law firms report rush to patent ideas amid UK lockdown – The Guardian

Posted May 27th, 2020 in coronavirus, intellectual property, law firms, news, patents by sally

‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Insurance Broker Claims – Breach of Duty – Hailsham Chambers

Posted May 27th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘The insurance world is currently on high alert due to the circumstances around Covid-19 leading to widespread notifications on Business Interruption (BI) policies, among others. This note, prepared by William Flenley QC and Alicia Tew, considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies. A further note will consider causation and loss in insurance broker claims.’

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Hailsham Chambers, May 2020

Source: www.hailshamchambers.com

Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

The Court of Appeal provides confirmation on the implications of the use of the Government’s coronavirus job retention scheme by companies in administration: Re Debenhams Retail Limited [2020] EWCA Civ 600 – Radcliffe Chambers

Posted May 27th, 2020 in administrators, contract of employment, coronavirus, insolvency, news, remuneration by sally

‘In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in Re Carluccio’s Ltd [2020] EWHC 886 (Ch) and Re Debenhams Retail Ltd [2020] EWHC 921 (Ch). Matthew Weaver considers the judgment and its implications in this briefing.’

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Radcliffe Chambers, 13th May 2020

Source: radcliffechambers.com