‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’
Tanfield Chambers, 24th March 2023
Source: www.tanfieldchambers.co.uk
‘G4S’s running of the prison failed to meet the standards of public service required, such that HMP Birmingham was put in special measures, and its running was taken over by the Ministry of Justice. The Chief Inspector of Prisons at the time, Peter Clarke, invoked the Urgent Notification process in respect of the prison.’
Garden Court Chambers, 23rd March 2023
Source: www.gardencourtchambers.co.uk
‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’
Gatehouse Chambers, 11th March 2023
Source: gatehouselaw.co.uk
‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’
Pump Court Chambers, 29th March 2023
Source: www.pumpcourtchambers.com
‘In its Report setting the agenda for a likely Labour government after the next elections, the Brown Commission has set out an ambitious programme of constitutional reform. In a previous post, I examined its recommendation in relation to a fully elected second chamber to replace the House of Lords. In this post, I will examine its recommendations concerning bodies that comparative constitutional scholarship calls ‘fourth branch’ or guarantor institutions. The Report recommends the setting up of three new independent constitutional guarantors: an Integrity & Ethics Commission to enforce the code of ministerial conduct, an Appointments Commission for merit-only appointments to public bodies, and an Anti-Corruption Commissioner. It also recommends further empowerment of the Equality and Human Rights Commission to provide evidence on the implementation of the new proposed social rights, ‘with a remit, membership and staffing substantially altered to give it capacity to do so.’ It seeks to offer a new constitutional mandate to the UK Infrastructure Bank and rename it as the British Regional Business Investment Bank.’
UK Constitutional Law Association, 30th March 2023
Source: ukconstitutionallaw.org
‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’
Ropewalk Chambers, 6th March 2023
Source: ropewalk.co.uk
‘Judges and lawyers can be reassured that holding Crown Court hearings and trials remotely makes no difference to the outcome, a major analysis has concluded.’
Legal Futures, 31st March 2023
Source: www.legalfutures.co.uk
‘Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 (‘the 2003 Act’) were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014. Unlike the similar Sexual Harm Prevention Orders introduced at the same time, SROs may be obtained without a criminal conviction for a sexual offence. Being civil orders obtained in the Magistrates’ Court the applicant authority (a police force or the National Crime Agency) is able to rely on the admissibility of hearsay evidence under the Civil Evidence Act 1995 (‘the 1995 Act’) and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999. However, the Police, Crime, Sentencing and Courts Act 2022 significantly altered the process by amending section 122A(6) to state that the court need only be satisfied on the balance of probabilities that a defendant has done at least one act of a sexual nature as alleged. Previously, the standard of proof had been held to be the criminal standard, though the statute was silent as to the standard required. This amendment took effect on 29 November 2022 and there has already been a noticeable upsurge in the number of applications for these Draconian orders.’
Doughty Street Chambers, 12th March 2023
Source: insights.doughtystreet.co.uk
‘All of the statutory healthcare regulators – the GMC, GDC, GPhC, GOC, GCC, GOsC, HCPC, NMC – as well as SWE have a time limit for filing appeals of 28 days. Those appeals lie to the High Court. Only two of those have any provision within their legislation permitting an extension of the time limit for filing an appeal. The GPhC’s legislation contains a provision permitting the Court to extend the time limit for filing an appeal.’
5SAH, 16th March 2023
Source: www.5sah.co.uk
‘On Thursday 23 February 2023, following much anticipation, the UK Government Department for Culture, Media & Sport (‘DCMS’) published its White Paper “A sustainable future – reforming club football governance.”1 It has been described as the “biggest shake up in football for decades”, “revolutionary” and “landmark”. These are not exaggerations. The government proposals represent the first and only independent statutory regulator of football.’
Blackstone Chambers, March 2023
Source: www.blackstonechambers.com
‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’
UK Human Rights Blog, 31st March 2023
Source: ukhumanrightsblog.com
‘Most of us have experienced the sense of frustration and helplessness when losing a purse or wallet. Imagine your wallet was digital, and contained $4 billion in assets. Now imagine the device which held your wallet containing $4 billion in assets was hacked, and your assets disappeared into the ether.’
3PB, 2nd March 2023
Source: www.3pb.co.uk
‘UK ministers have tightened up sanctions rules to avoid a repeat of a recent controversy in which lawyers acting for the head of the Wagner group obtained an exemption from curbs to sue a British journalist.’
The Guardian, 30th March 2023
Source: www.theguardian.com
‘There has been a spate of cases in the past couple of years where contempt of court proceedings have been brought against lawyers. Prompted by the recent decision by Leech J to imprison struck off solicitor Soophia Khan for a further period of 12 months for failing to deliver up her firm’s files to SRA intervention agents, Helen Evans KC examines what is going on. When can contempt proceedings be brought against lawyers, and are they becoming more frequent?’
4 New Square, 20th March 2023
Source: www.4newsquare.com
‘The High Court recently handed down judgment in the case of Gupta v Shah [2023] EWHC 540 (Ch), a double-barrelled summary judgment and strike out application in an idiosyncratic international fraud worth $14 million. The case involved extravagant defences of clandestine US-Iranian Commercial dealings, secret caches of US dollar reserves, Chinese State Security, and a systematic theft of funds by major multinational banks.’
Tanfield Chambers, 28th March 2023
Source: www.tanfieldchambers.co.uk
‘Multiple opportunities to save a man who was tortured and murdered by people he considered friends were missed, a review has found.’
BBC News, 31st March 2023
Source: www.bbc.co.uk
‘Immigration lawyers have accused the Home Office of building delays into a scheme meant to speed up decisions on 12,000 asylum claims.’
The Guardian, 30th March 2023
Source: www.theguardian.com
‘The Law Commission of England and Wales and the Scottish Law Commission have published a joint report on surrogacy: Building families through surrogacy: a new law. They recommend a comprehensive range of reforms to make the law of surrogacy work better for children, surrogates and intended parents and ensure that surrogacy continues to operate on an altruistic rather than a commercial basis.’
Law & Religion UK, 30th March 2023
Source: lawandreligionuk.com
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