‘Fatima Jama examines the issues in the regulation of non-financial misconduct, in particular, sex offending and gender-based misbehaviour in the financial service industry.’
Mountford Chambers, 9th April 2024
Source: www.mountfordchambers.com
‘This decision follows on from the Tribunal’s decisions in Waite v Kedai (Leigham Court Road), Culpin v Stockwood(Orchard House) and Mistry v Wallace (Centrillion Point). The decision is an important addition to the growing case law.’
Tanfield Chambers, 5th April 2024
Source: www.tanfieldchambers.co.uk
‘David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?
Published in the journal International Corporate Rescue, it discusses the statutory tests applicable when an administrator of a company seeks to make a substantial disposal during the first eight weeks of an administration under the Insolvency Act 1986.’
Wilberforce Chambers, 29th April 2024
Source: www.wilberforce.co.uk
‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’
7BR, 5th April 2024
Source: www.7br.co.uk
‘Judgment has now been handed down in Langley v Qin, a dispute over the will of Robert Harrington
who, at the age of 93, married his carer, Ms Qin, then aged 54.’
New Square Chambers, 15th April 2024
Source: newsquarechambers.co.uk
‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’
Landmark Chambers, 18th April 2024
Source: www.landmarkchambers.co.uk
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed “joint enterprise”. In England and Wales, “joint enterprise” has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with “joint enterprise” in England and Wales remain, despite the change in the law. This is due to there being only “subtle shift” in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘This paper delves into the transformative power of reflection in a postgraduate course focused on professional legal practice. With a dual focus on the learning and professional aspects of reflection, this paper sheds light on the advantages of incorporating reflective practices within legal education. Specifically, it explores the use of reflective writing for assessment purposes at King’s College London and examines the broader application of reflection within the MSc Law and Professional Practice course. Drawing on practical experiences and insights gained from the implementation of reflection, the paper offers valuable lessons and recommendations for educators seeking to leverage reflective learning in legal education.’
International Journal of the Legal Profession, 30th April 2024
Source: www.tandfonline.com
‘The union for senior civil servants is launching an unprecedented legal challenge to ministers’ Rwanda plan.’
BBC News, 1st May 2024
Source: www.bbc.co.uk
‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’
Financial Remedies Journal, 17th April 2024
Source: financialremediesjournal.com
‘This paper examines how legal parenthood should be allocated in surrogacy under English law. I argue that we need to shift the focus of the discussion to the surrogate’s negative intention to not be a parent as the key to move away from the current gestational model of motherhood. This has three main benefits that are explored in this paper. First, it respects surrogates’ voices and construes them in terms of their autonomy and agency, rather than solely in terms of their vulnerability. Second, it provides a conceptually robust basis for recognising legal parenthood of the intended parents at birth, since the surrogate’s negative intention is construed as the trigger for the application of specialised rules on parenthood. Third, it serves as a guiding principle in developing appropriate and comprehensive protections for the surrogate, including recognising the intended parents as the legal parents at birth, the parameters of the surrogate’s right to withdraw consent, and further safeguarding requirements and checks before entering into a surrogacy agreement. Overall, focusing on the surrogate’s negative intention allows us to view surrogacy in a nuanced way, away from false dichotomies, and contributes to a more compelling case in favour of actively facilitating surrogacy.’
Journal of Social Welfare and Family Law, 30th April 2024
Source: www.tandfonline.com
‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’
Local Government Lawyer, 1si May 2024
Source: www.localgovernmentlawyer.co.uk
‘A delivery rider who bit off a customer’s thumb continued working for Deliveroo, even after the account she was using at the time was suspended.’
BBC News, 2nd May 2024
Source: www.bbc.co.uk
‘Interns have been given the job of weeding out potential wrongful convictions for rape and murder in a major case review prompted by Andrew Malkinson’s exoneration, the Guardian can reveal.’
The Guardian, 2nd May 2024
Source: www.theguardian.com
‘Four presenters have begun legal action against the BBC on grounds of sex and age discrimination and equal pay.’
BBC News, 1st May 2024
Source: www.bbc.co.uk
‘A former Metropolitan Police officer jailed for multiple counts of rape has been described as the “devil” and a “pathetic excuse of a man” by his victims.’
The Independent, 1st May 2024
Source: www.independent.co.uk
‘When a company becomes insolvent, particularly if it is a large company, this will often mean that there will be a large-scale redundancy process. The requirements of the process can be technical, but there is a list of obligations that must be adhered and these are set out within the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992).’
Legal Studies, 19th April 2024
Source: www.cambridge.org
‘For many years the long residence route was pretty straightforward. 10 years’ continuous lawful residence, good character, within absences limits – job done.’
EIN Blog, 1st May 2024
Source: www.ein.org.uk
© Inner Temple Library 2024