Day: 22 August 2024

Club Property Problems – Parklane Plowden Chambers

Posted August 22nd, 2024 in chambers articles, clubs, news, trusts, unincorporated associations by sally

‘Unincorporated associations (which include clubs and associations) are extremely varied and range from barristers’ chambers, which are commercial in nature, to party political associations and working mens clubs, which are directed towards improving the lives of their members and the larger community. No specific statute applies to unincorporated associations. The general law of trusts and property does.’

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Parklane Plowden Chambers, 29th July 2024

Source: www.parklaneplowden.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Chambers

Posted August 22nd, 2024 in brexit, chambers articles, EC law, news by sally

‘When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer rely upon the various Regulations to establish a cause of action, there was a lot of discussion about what this would mean. Over 10 years later, there has been a surprising lack of authority about any of this. This is now potentially complicated all the more by Brexit.’

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Ropewalk Chambers, 10th July 2024

Source: ropewalk.co.uk

End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

Posted August 22nd, 2024 in chambers articles, demonstrations, freedom of expression, Israel, news, repossession, universities by sally

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

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St Philips Barristers, 17th July 2024

Source: st-philips.com

What’s the Matter? Insolvency and Arbitration Following Sian Participation – Pump Court Chambers

Posted August 22nd, 2024 in agreements, arbitration, chambers articles, insolvency, news by sally

‘The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds.’

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Pump Court Chambers, 2nd July 2024

Source: www.pumpcourtchambers.com

Detriment, what detriment? – Gatehouse Chambers

Posted August 22nd, 2024 in chambers articles, estoppel, news, partnerships, wills by sally

‘The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.’

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Gatehouse Chambers, 25th July 2024

Source: gatehouselaw.co.uk

UN torture tsar calls on Starmer to review sentences of IPP prisoners trapped indefinitely behind bars – The Independent

Posted August 22nd, 2024 in news, sentencing, torture, United Nations by sally

‘The UN special rapporteur on torture has urged Sir Keir Starmer to review the cases of thousands of people trapped in prison indefinitely under Imprisonment for Public Protection (IPP) sentences.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Factory worker jailed for role in riot at Rotherham asylum seeker hotel – The Guardian

Posted August 22nd, 2024 in asylum, news, sentencing, violent disorder by sally

‘A man who shouted abuse at police guarding a hotel housing asylum seekers and celebrated as missiles were thrown at officers has been jailed for three years and four months, as more people were sentenced for their part in the riots on Tuesday.’

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The Guardian, 20th August 2024

Source: www.theguardian.com

HMP Wandsworth living conditions are ‘inhumane’, finds report – The Guardian

Posted August 22nd, 2024 in health & safety, news, prisons, reports, self-harm by sally

‘Wandsworth prison is crumbling, overcrowded and vermin-infested, with inmates living in half the cell space available when it was first opened in 1851, according to a report published on Thursday.’

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The Guardian, 22nd August 2024

Source: www.theguardian.com

Just Eat advert that depicted McDonald’s broke junk food code – The Guardian

Posted August 22nd, 2024 in advertising, children, codes of practice, food, health, news, standards by sally

‘An advert for the takeaway delivery service Just Eat that featured a McDonald’s burger has been banned for not taking sufficient care to ensure that it was not aimed at children under 16.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Inmate with indefinite prison term took his own life after government rejected resentencing plans – The Independent

Posted August 22nd, 2024 in coroners, imprisonment, news, reports, sentencing by sally

‘A coroner has revealed a prisoner serving an abolished indefinite sentence took his own life after learning the government had rejected proposals to resentence IPP prisoners.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Holy ground or Hollywood? – the canons & filming in church: Re St Mary the Virgin Morpeth – Law & Religion UK

Posted August 22nd, 2024 in ecclesiastical law, faculties, film industry, news by sally

‘In Re St Mary the Virgin Morpeth [2024] ECC New 2, the petitioners – the Revd Simon White, Rector of Morpeth, Dr Andrew Mowat, a churchwarden, and Camilla Stephenson, the Supervising Location Manager for DNA Films – sought a faculty to permit the filming within the church during June and July 2024 of a sequel to two “horror” films: 28 Days and 28 Weeks After. The sequel was to portray “a post-apocalyptic world in which people are largely infected by a ‘rage’ virus which leads them to violence”. Oscar-winning director Danny Boyle was to direct the film, which would star Aaron Taylor-Johnson, Jodie Comer, Jack O’Connell and Ralph Fiennes.’

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Law & Religion UK, 22nd August 2024

Source: lawandreligionuk.com

Ex-soldier among several jailed over riots in Rotherham and Southport – The Guardian

Posted August 22nd, 2024 in asylum, criminal damage, news, sentencing, violent disorder by sally

‘A former soldier who served in Kosovo, Bosnia and Northern Ireland has been jailed for two and a half years after admitting confronting police as they tried to protect a hotel housing asylum seekers in Rotherham.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Half of rape investigation team members not fully qualified, police watchdog warns – The Independent

Posted August 22nd, 2024 in delay, news, police, prosecutions, rape, reports by sally

‘Half of staff on rape investigation teams are not fully qualified and are still training, police inspectors have warned.’

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The Independent, 22nd August 2024

Source: www.independent.co.uk

EDI initiatives not “shifting the law’s systemic inequalities” – Legal Futures

Posted August 22nd, 2024 in diversity, equality, legal profession, news, reports by sally

‘There are multiple factors behind the failure of equality, diversity and inclusion (EDI) initiatives to “shift the systemic inequalities that are entrenched” across the legal profession, a report for the Legal Services Board (LSB) has found.’

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Legal Futures, 22nd August 2024

Source: www.legalfutures.co.uk

Three men guilty of raping girls in Plymouth – BBC News

Posted August 22nd, 2024 in child abuse, news, rape by sally

‘Three men have been found guilty of raping girls in Plymouth.’

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BBC News, 20th August 2024

Source: www.bbc.co.uk

MoJ refused to repay living costs to wrongly convicted partly to save money – The Guardian

Posted August 22nd, 2024 in budgets, compensation, imprisonment, Ministry of Justice, miscarriage of justice, news by sally

‘A controversial decision to refuse refunds to wrongly convicted prisoners who were charged for bed and board while in jail was made in part to save money, the Guardian has learned.’

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The Guardian, 21st August 2024

Source: www.theguardian.com