‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’
Pensions Barrister, 31st July 2023
Source: www.pensionsbarrister.com
‘Harassment is a criminal offence and a civil wrong, which means it can be resolved in the criminal or civil courts/employment tribunal. It is a serious offence that can have a lasting impact on those who experience it. Many of these types of harassment overlap – for example, sexual harassment might come in the form of verbal or physical harassment.’
St Pauls Chambers, 12th July 2023
Source: www.stpaulschambers.com
‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’
Nearly Legal, 31st July 2023
Source: nearlylegal.co.uk
‘The Court of Appeal has allowed a mother’s appeal against an order permitting a 14-year-old boy in care proceedings to instruct his own solicitor.’
Local Government Lawyer, 31st July 2023
Source: www.localgovernmentlawyer.co.uk
‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’
St Ives Chambers, 21st July 2023
Source: www.stiveschambers.co.uk
‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’
St John's Chambers, 13th July 2023
Source: www.stjohnschambers.co.uk
‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’
The Independent, 31st July 2023
Source: www.independent.co.uk
‘Fresh evidence has emerged that it is claimed undermines the conviction of a nurse jailed for life 17 years ago for murdering two of his patients and poisoning 15 others.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’
Gatehouse Chambers, 25th July 2023
Source: gatehouselaw.co.uk
‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’
St John's Chambers, 3rd July 2023
Source: www.stjohnschambers.co.uk
‘Many practitioners will be aware that the Secretary of State for the Home Department’s (“SSHD”) “Rwanda plan” met with the Court of Appeal’s disapproval recently in a majority decision in AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (on appeal from the High Court: AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230). The Court found that any attempt to remove refugees to Rwanda whose claims the SSHD adjudged to be inadmissible would breach the non-refoulment provisions of Article 33 of the 1951 Refugee Convention (“RC”) and thereby also Article 3 of the 1950 European Convention of Human Rights (“ECHR”).’
EIN Blog, 31st July 2023
Source: www.ein.org.uk
‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’
Local Government Lawyer, 31st July 2023
Source: www.localgovernmentlawyer.co.uk
‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’
Ropewalk Chambers, 19th July 2023
Source: ropewalk.co.uk
‘Three law firms in England accused of wrongdoing in dealing with asylum applications have been shut down by the solicitors’ watchdog.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘Shoplifters, burglars and violent criminals who commit repeat offences will be handed mandatory prison sentences under plans being drawn up by ministers.’
The Guardian, 1st August 2023
Source: www.theguardian.com
‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’
Wilberforce Chambers, July 2023
Source: www.wilberforce.co.uk
‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’
Wilberforce Chambers, 31st July 2023
Source: www.wilberforce.co.uk
‘The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.’
OUT-LAW.com, 31st July 2023
Source: www.pinsentmasons.com
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