Day: 11 June 2020

VAT at the opera: deductibility of the theatrical production costs – Monckton Chambers

Posted June 11th, 2020 in news, theatre, VAT by sally

‘In HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC), the Upper Tribunal (Morgan J and Judge Timothy Herrington) held that VAT paid on theatre production costs was not recoverable on the basis of an economic link to taxable catering supplies, overruling a decision in the Opera House’s favour at first instance. The ruling will be significant not just for the wider theatre industry, but more generally as regards the relevance of ‘commercial reality’ arguments to questions of input tax deduction.’

Full Story

Monckton Chambers, 3rd June 2020

Source: www.monckton.com

Clin neg trial could be held remotely “as last resort” – Litigation Futures

Posted June 11th, 2020 in case management, coronavirus, hospitals, negligence, news, remote hearings by sally

‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’

Full Story

Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Telling my brother’s Windrush scandal story as a TV drama – BBC News

Posted June 11th, 2020 in citizenship, colonies, compensation, deportation, detention, immigration, news by sally

‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’

Full Story

BBC News, 8th June 2020

Source: www.bbc.co.uk

Fake casting agent Daniel Berry groomed young girls on Facebook – BBC News

Posted June 11th, 2020 in child abuse, internet, news, sentencing, sexual grooming, sexual offences prevention orders by sally

‘A “cunning” paedophile who posed as a casting agent on Facebook to lure young girls into sending indecent videos of themselves has been jailed.’

Full Story

BBC News, 10th June 2020

Source: www.bbc.co.uk

MPs call for register to monitor serial domestic abusers and stalkers – The Guardian

Posted June 11th, 2020 in bills, domestic violence, news, recidivists, select committees, stalking by sally

‘Serial domestic abusers or stalkers should be registered and monitored in the same way as serious violent and sexual offenders, a group of cross-party MPs have said, as they put forward a proposed change to domestic abuse laws currently passing through parliament.’

Full Story

The Guardian, 10th June 2020

Source: www.theguardian.com

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

Full Story

Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

Knowledge test for duty of confidence – what is a sufficient state of mind to make an employer liable for breach of confidence when it receives a client list from a recruited employee? – Employment Blog

Posted June 11th, 2020 in confidentiality, contract of employment, EC law, employment, news by sally

‘In the recent case of Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) the court reiterated that the test was not subjective: the recipient of the client list did not have to know the information was confidential. It was objective: in equity the recipient is under a duty of confidence whenever he ought to know that the information received is fairly and reasonably to be regarded as confidential, irrespective of his actual state of mind. Further, this was now also the statutory position because under Art. 4 (4) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition: “The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.”’

Full Story

Employment Blog, 9th June 2020

Source: employment11kbw.com

Criminal justice system failing disabled defendants, EHRC warns – The Guardian

Posted June 11th, 2020 in criminal justice, disabled persons, equality, news by sally

‘The criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions and needs reform to ensure everyone receives a fair trial, the equalities watchdog has warned.’

Full Story

The Guardian, 11th June 2020

Source: www.theguardian.com