Tribunal demonstrates ‘orthodox approach’ to single supply VAT exemption – OUT-LAW.com

Posted June 25th, 2024 in contraception, medicines, news, tribunals, VAT by tracey

‘A recent UK Upper Tribunal decision is a useful reminder of the “orthodox” approach that should be taken to determine whether there has been a single or multiple supply of goods or services for the purposes of VAT exemption, an expert has said.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

AI drafting in job ads: human oversight essential to ensure social mobility inclusion – OUT-LAW.com

Posted June 25th, 2024 in advertising, artificial intelligence, diversity, drafting, news, recruitment by tracey

‘Human resources professionals, recruiters and business leaders should be aware of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by tracey

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Let us lead on equality, Bar Council chair tells BSB – Legal Futures

Posted June 25th, 2024 in barristers, diversity, equality, news by tracey

‘The chairman of the Bar Council has urged the Bar Standards Board (BSB) to let it lead work on improving equality, diversity and inclusion (EDI) in the profession.’

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Legal Futures, 25th June 2024

Source: www.legalfutures.co.uk

A lawyer has been imprisoned for defrauding the Legal Aid Agency – Crown Prosecution Service

Posted June 25th, 2024 in barristers, fees, judges, legal aid, news, sentencing by tracey

‘A barrister and part-time immigration tribunal judge has been jailed for defrauding the Legal Aid Agency, along with other lawyers, by falsely claiming defence legal costs.’

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Crown Prosecution Service, 21st June 2024

Source: www.cps.gov.uk

Curbs on expert cross-examination could lead to wrongful removals, family silks warn – Law Society’s Gazette

Posted June 25th, 2024 in child abuse, children, cross-examination, expert witnesses, news, pilot schemes by tracey

‘Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families. The Department for Education-funded pilot is up and running at NHS trusts in Manchester, Sheffield and Birmingham with little information available to either the public or family law specialists.’

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Law Society's Gazette, 24th June 2024

Source: www.lawgazette.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court allows Mueen-Uddin appeal – 5RB

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

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5RB, 20th June 2024

Source: www.5rb.com

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by tracey

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

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2 Hare Court, 20th June 2024

Source: www.2harecourt.com

Compensation process broken, says RAF veteran – BBC News

Posted June 25th, 2024 in armed forces, compensation, complaints, health, news, ombudsmen, personal injuries by tracey

‘Any veteran who has an injury or illness as a result of service can apply for financial compensation from one of two schemes run by Veterans UK, a veterans service managed by the Ministry of Defence (MoD). The Armed Forces Compensation Scheme is in place for injuries on or after 6 April 2005. Anything before, is handled by the War Pension Scheme. Veterans have long criticised both schemes. Some say they reject claims unfairly, and are slow to resolve them.’

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BBC News, 25th June 2024

Source: www.bbc.co.uk

NHS confirms patient data stolen in cyber attack – BBC News

Posted June 25th, 2024 in computer crime, data protection, health, medical records, news by tracey

‘NHS England has confirmed its patient data managed by blood test management organisation Synnovis was stolen in a ransomware attack on 3 June.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

Julian Assange leaves UK after striking deal with US justice department – The Guardian

Posted June 25th, 2024 in freedom of expression, guilty pleas, news, plea bargaining, spying by tracey

‘Julian Assange has been released from a British prison and is expected to plead guilty to violating US espionage law, in a deal that would allow him to return home to his native Australia.’

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The Guardian, 25th June 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 24th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Winter & Anor v Winter & Anor [2024] EWCA Civ 699 (21 June 2024)

Gutmann v Apple Inc & Ors [2024] EWCA Civ 702 (21 June 2024)

Burton v Ministry of Justice [2024] EWCA Civ 681 (21 June 2024)

T, Re (Children: Publication of Judgment) [2024] EWCA Civ 697 (21 June 2024)

Smith v Kirkegaard [2024] EWCA Civ 698 (21 June 2024)

The Father v Worcestershire County Council [2024] EWCA Civ 694 (20 June 2024)

O, Re (Care Proceedings) [2024] EWCA Civ 696 (20 June 2024)

High Court (Administrative Court)

Valentine, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1534 (Admin) (20 June 2024)

High Court (Chancery Division)

Manning & Ors v 2 Four 6 Marketing Ltd & Ors (Re Festicket Ltd – Insolvency Act 1986) [2024] EWHC 1554 (Ch) (21 June 2024)

Unicorn Studio Inc v Veronese (Re Costs) [2024] EWHC 1098 (Ch) (21 June 2024)

Carter v Davies & Ors [2024] EWHC 1536 (Ch) (20 June 2024)

High Court (Commercial Court)

RS Luxembourg II, SARL & Anor v Deburo Real Estate Holding GmbH [2024] EWHC 1515 (Comm) (21 June 2024)

MOK Petro Energy FZC v Argo (No. 604) Ltd & Ors [2024] EWHC 1555 (Comm) (19 June 2024)

High Court (Family Division)

Gudmundsson v Lin [2024] EWHC 1576 (Fam) (21 June 2024)

AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528 (Fam) (21 June 2024)

High Court (Technology and Construction Court)

Environment Agency v High Speed Two (HS2) Ltd [2024] EWHC 1560 (TCC) (21 June 2024)

Buckinghamshire Council v FCC Buckinghamshire Ltd [2024] EWHC 1552 (TCC) (21 June 2024)

A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 1510 (TCC) (18 June 2024)

Pevensey Coastal Defence Ltd v Environment Agency [2024] EWHC 1435 (TCC) (12 June 2024)

Source: www.bailii.org

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Dentons’ breach of AML rules was “inadvertent” – Legal Futures

‘A breach of the anti-money laundering (AML) rules by Dentons, the world’s largest law firm, was “inadvertent” and did not amount to professional misconduct, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 24th June 2024

Source: www.legalfutures.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

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Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

Fee earner guilty of contempt over pre-departure emails – Law Society’s Gazette

‘A fee earner who sent confidential information to his personal email address days before leaving his firm has been given an ultimatum to show the material had been deleted in compliance with a court order.’

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Law Society's Gazette, 21st June 2024

Source: www.lawgazette.co.uk