07/04/2022 – Current Awareness

The boundaries of blessing applications – Re XYZ Trusts [2022] SC (Bda) 10 Civ – Wilberforce Chambers

Posted April 7th, 2022 in chambers articles, families, news, trusts by sally

‘The hearing dealt with a blessing application made by trustees in connection with the restructuring of the trust funds. of some 23 settlements between sub-funds in which separate branches of a larger family would then be beneficially interested. By the time of the hearing, the objections were limited to part of one of the three branches (“the Objectors”) on the basis that the new structure would not have sufficient liquidity.’

Wilberforce Chambers, 31st March 2022

Source: www.wilberforce.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

Posted April 7th, 2022 in appeals, chambers articles, cohabitation, financial dispute resolution, mortgages, news by sally

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Liberty threatens to sue government over ‘racist’ joint enterprise law – The Guardian

Posted April 7th, 2022 in criminal justice, Crown Prosecution Service, gangs, human rights, joint enterprise, Ministry of Justice, murder, news, race discrimination, racism by sally

‘The human rights group Liberty is threatening to sue the government and Crown Prosecution Service (CPS) over the bitterly contested law of joint enterprise, arguing that it is discredited and racist in the way the authorities pursue it.’

The Guardian, 7th April 2022

Source: www.theguardian.com

Government defeated over voter ID plans in House of Lords – BBC News

Posted April 7th, 2022 in bills, elections, government departments, identification, identity fraud, news, parliament by sally

‘The government has been defeated in the House of Lords over its plans to introduce photo ID for voters in elections.’

BBC News, 7th April 2022

Source: www.bbc.co.uk

Administering the last rites at crime scenes: police guidance – Law & Religion UK

Posted April 7th, 2022 in Christianity, murder, news, police, victims by sally

‘Following the assassination of Sir David Amess on 15 October 2021, considerable concern was expressed that a Roman Catholic priest, Father Jeffrey Woolnough, had been refused permission to pass through a police cordon to administer the sacrament of the anointing of the sick to Sir David Amess as he lay dying.’

Law & Religion UK, 5th April 2022

Source: lawandreligionuk.com

Credibility: A divisible concept? – Exchange Chambers

Posted April 7th, 2022 in chambers articles, compensation, damages, deceit, news, personal injuries, witnesses by sally

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

Posted April 7th, 2022 in adoption, care orders, children, families, family courts, learning difficulties, local government, news by sally

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Russell Marsh guilty of estranged wife Jade Marsh’s murder – BBC News

Posted April 7th, 2022 in domestic violence, families, married persons, murder, news by sally

‘A man has been found guilty of murdering his estranged wife a week after she ended their relationship.’

BBC News, 6th April 2022

Source: www.bbc.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

Posted April 7th, 2022 in care homes, care orders, chambers articles, children, detention, family courts, human rights, local government, news by sally

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

The Limits of Applications to Remove Litigation Friends – Shirazi v Susa [2022] EWHC 477 (Ch) – New Square Chambers

Posted April 7th, 2022 in case management, chambers articles, civil procedure rules, litigation friends, news by sally

‘Jian Jun (JJ) Liew explores the practical implications for applications to remove litigation friends arising from the recent High Court case of Shirazi v Susa [2022] EWHC 477 (Ch).’

New Square Chambers, 28th March 2022

Source: www.newsquarechambers.co.uk

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Leicester parents take legal action after unborn baby dies – BBC News

Posted April 7th, 2022 in birth, causing death of children or vulnerable adults, children, health, hospitals, news, pregnancy by sally

‘A couple are taking legal action against a hospital trust following the death of their unborn son.’

BBC News, 7th April 2022

Source: www.bbc.co.uk

High Court to rule on bid for injunction to block BBC story over ‘MI5 informant’ – The Independent

Posted April 7th, 2022 in attorney general, BBC, coercive & controlling behaviour, injunctions, intelligence services, news, public interest by sally

‘The High Court is due to give a ruling on whether the BBC can identify a “dangerous extremist and misogynist” who is allegedly an MI5 informant.’

The Independent, 6th April 2022

Source: www.independent.co.uk

Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers

Posted April 7th, 2022 in chambers articles, indemnities, news, taxation by sally

‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’

Hailsham Chambers, 31st March 2022

Source: www.hailshamchambers.com

Slipping Claims and Evidential Burdens – Ropewalk Chambers

Posted April 7th, 2022 in accidents, burden of proof, chambers articles, compensation, damages, duty of care, news, personal injuries by sally

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Sam Davies murder: Four guilty of Lincoln hitman killing – BBC News

Posted April 7th, 2022 in murder, news by sally

‘Four men have been found guilty of murdering a man who was “executed in cold blood” in a Lincoln park.’

BBC News, 6th April 2022

Source: www.bbc.co.uk

Man jailed for 30 years for using car as murder weapon – The Guardian

Posted April 7th, 2022 in grievous bodily harm, imprisonment, murder, news, robbery, sentencing by sally

‘A driver who left another man for dead in the road after dragging him more than half a mile in a “cruel” revenge attack will spend at least 30 years behind bars.’

The Guardian, 6th April 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted April 7th, 2022 in education, employment, energy, legislation, nuclear power by tracey

2022 c. 15 – Nuclear Energy (Financing) Act 2022

2022 c. 13 – Education (Careers Guidance in Schools) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 7th, 2022 in legislation by tracey

SI 2022/428 – The Social Security Benefits (Claims and Payments) (Modification) Regulations 2022

Source: www.legislation.gov.uk

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