March 2024 – Page 13 – Current Awareness

‘As land lawyers know, but neighbours often do not, the title plan for a registered title at HM Land Registry is (unless it states to the contrary) “general” (Section 60(1)(2) Land Registration Act 2002).’

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St Philips Barristers, 22nd February 2024

Source: st-philips.com

Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

Posted March 6th, 2024 in consultations, health, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

New protocol issued on disclosure of information between family and criminal agencies and jurisdictions – Local Government Lawyer

Posted March 6th, 2024 in disclosure, families, family courts, local government, news, police by sally

‘A new Protocol on the disclosure of information between family and criminal agencies and jurisdictions has been launched by the judiciary.’

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Local Government Lawyer, 5th March 2024

Source: www.localgovernmentlawyer.co.uk

Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers

Posted March 6th, 2024 in adoption, chambers articles, children, families, news, surrogacy by sally

‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’

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Spire Barristers, 13th February 2024

Source: www.spirebarristers.co.uk

Stopping migrant care workers bringing their families will have a devastating effect on the UK’s already struggling care sector – EIN Blog

Posted March 6th, 2024 in care workers, families, government departments, immigration, news, visas by sally

‘The home secretary, James Cleverly, has reiterated the UK government’s plan to stop overseas care workers bringing dependants to the UK. Taking to X (formerly Twitter) on February 19, he wrote: “Today in Parliament we have laid out an order to ban overseas care workers from bringing dependants. This is just one part of our plan to deliver the biggest-ever cut in migration.”‘

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EIN Blog, 5th March 2024

Source: www.ein.org.uk

VAT: burial, cremation and commemoration of the dead – Law & Religion UK

Posted March 6th, 2024 in burials and cremation, HM Revenue & Customs, news, taxation, VAT by sally

‘HMRC has updated Burial, cremation and commemoration of the dead (VAT Notice 701/32). It explains the VAT liability of funeral services, burials and cremations, goods and services connected with the commemoration of dead people, other goods and services connected with organising funerals, and other activities relating to the disposal of the remains of the dead, including transport of the deceased.’

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Law & Religion UK, 5th March 2024

Source: lawandreligionuk.com

Years of delays to rape trials a ‘significant injustice’, says judge – The Guardian

Posted March 6th, 2024 in criminal justice, Crown Court, delay, news, rape, sexual offences, victims by sally

‘More than 180 alleged rape victims in England and Wales have faced more than two years of delays since their case first went to court, with a senior judge announcing plans to clear the “serious stain” on the justice system by the end of July.’

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The Guardian, 6th March 2024

Source: www.theguardian.com

The Court of Appeal has held that if the Government’s interpretation of the Paris Agreement is “tenable” the courts will not interfere – Six Pump Court

Posted March 6th, 2024 in appeals, chambers articles, climate change, energy, environmental protection, government departments, interpretation, news by sally

‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’

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Six Pump Court, 16th January 2024

Source: 6pumpcourt.co.uk

Public Law Newsletter: Feb 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter February 2024; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 19th February 2024

Source: www.spirebarristers.co.uk

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

Posted March 6th, 2024 in chambers articles, covenants, licensed premises, local government, news, setting aside by sally

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Post Office scandal victim feels ‘survivor’s guilt’ after compensation – BBC News

Posted March 6th, 2024 in compensation, computer programs, debts, fraud, miscarriage of justice, news, postal service, theft by sally

‘Former sub-postmaster Jo Hamilton says she feels “survivor’s guilt” after settling with the Post Office over the Horizon IT scandal for an undisclosed sum.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Family Law Newsletter – February 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – February 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 26th February 2024

Source: www.spirebarristers.co.uk

Ban on Calvin Klein’s FKA twigs ad revoked after ASA climbdown – The Guardian

Posted March 6th, 2024 in advertising, complaints, news, ombudsmen, women by sally

‘The UK’s Advertising Standards Authority has backtracked on its decision to ban a Calvin Klein advertisement featuring the British singer FKA twigs, citing the “strength of public feeling”.’

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The Guardian, 6th March 2024

Source: www.theguardian.com

Savage v Savage – a recent Court of Appeal decision on TLATA – Tanfield Chambers

Posted March 6th, 2024 in appeals, chambers articles, families, financial dispute resolution, financial provision, news, trusts by sally

‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’

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Tanfield Chambers, 22nd February 2024

Source: www.tanfieldchambers.co.uk

Lim and others v Ong – Wilberforce Chambers

Posted March 6th, 2024 in chambers articles, contempt of court, disclosure, enforcement, fraud, news by sally

‘The Defendant was sentenced yesterday to 22 months immediate imprisonment in respect of a vast array of contempts of court, including dealing and dissipating assets in breach of a worldwide freezing order, providing inaccurate ancillary asset disclosure inflating his true asset position, providing false affidavit evidence seeking to justify dissipation, and 59 breaches of the standard form weekly living allowance.’

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Wilberforce Chambers, 21st February 2024

Source: www.wilberforce.co.uk

Long Covid: Health staff go to court for compensation – BBC News

Posted March 6th, 2024 in compensation, coronavirus, government departments, health, health & safety, hospitals, news, nurses by sally

‘Nearly 70 healthcare workers with long Covid will take their fight to the High Court later to sue the NHS and other employers for compensation.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

English anti-suit injunctions in aid of arbitration agreements with a foreign seat – Wilberforce Chambers

Posted March 6th, 2024 in arbitration, chambers articles, foreign jurisdictions, injunctions, news by sally

‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’

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Wilberforce Chambers, 22nd February 2024

Source: www.wilberforce.co.uk

UK science minister apologises and pays damages after academic’s libel action – The Guardian

Posted March 6th, 2024 in damages, defamation, government departments, news, proscribed organisations, universities by sally

‘Michelle Donelan, the science minister, has apologised and paid damages after accusing two academics of “sharing extremist views” and one of them of supporting Hamas.’

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The Guardian, 5th March 2024

Source: www.theguardian.com