Balancing Open Justice and Privacy: A Case Study on Taxpayer Anonymity in the Upper Tribunal – 33 Bedford Row

Posted November 26th, 2024 in news by tracey

‘HMRC v The Taxpayer (Appellant) and Times Media Limtied and News Group Newspapers Limited and PA Media Tax Policy Associates Limited (Third Parties) [2024] UKUT 00364 (TCC). This case concerns an application for taxpayer anonymity in the Upper Tribunal (Tax and Chancery Chamber). The taxpayer, who had initially appealed against HMRC’s denial of certain tax deductions, sought to keep their identity confidential during the proceedings and in the final decision. This request was opposed by HMRC and several media organizations, including Times Media Limited and News Group Newspapers Limited.’

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33 Bedford Row, 22nd November 2024

Source: www.33bedfordrow.co.uk

Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch) – 3PB

Posted November 26th, 2024 in agency, contracts, coronavirus, misrepresentation, news, protective equipment by tracey

‘Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch).’

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3PB, 21st November 2024

Source: www.3pb.co.uk

BAILII: Recent Decisions

Posted November 26th, 2024 in law reports, news by tracey

Court of Appeal (Civil Division)

A Company (Number Cr-2024-Bhm-000012), Re [2024] EWCA Civ 1436 (25 November 2024)

High Court (Administrative Court)

EM, R (on the application of) v The London Borough of Havering [2024] EWHC 3016 (Admin) (25 November 2024)

Professional Standards Authority for Health And Social Care v General Pharmaceutical Council & Anor [2024] EWHC 3005 (Admin) (25 November 2024)

Director of Public Prosecutions v Bijou [2024] EWHC 2997 (Admin) (25 November 2024)

High Court (Chancery Division)

Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch) (25 November 2024)

The University of London v Harvie-Clark & Ors [2024] EWHC 2895 (Ch) (25 November 2024)

Source: www.bailii.org

Balancing consent, religious beliefs, and human rights in posthumous embryo use: EF – Law & Religion UK

Posted November 26th, 2024 in bereavement, consent, embryology, human rights, human tissue, married persons, news, surrogacy by tracey

‘In EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam), EF and his wife AB had undergone fertility treatment in 2017 at a clinic licensed by the Human Fertilisation and Embryology Authority (HFEA), during which an embryo had been created which remains stored by the clinic. Tragically, AB died unexpectedly in childbirth, and she had not signed the necessary consent form for the use of the embryo.’

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Law & Religion UK, 26th November 2024

Source: lawandreligionuk.com

Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

FCA to crack down on non-financial misconduct remuneration adjustments – OUT-LAW.com

Posted November 26th, 2024 in disciplinary procedures, financial regulation, news, remuneration by tracey

‘The UK Financial Conduct Authority (FCA) is likely to take a tougher approach to policing non-financial misconduct and ensure that firms reduce employee remuneration, or even apply clawback, where non-financial misconduct is identified, an expert has said.’

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OUT-LAW.com, 25th November 2024

Source: www.pinsentmasons.com

ICO calls on businesses to share data for tackling fraud – OUT-LAW.com

‘The UK’s data protection regulator has asked banks, telecommunications providers and digital platforms to share personal information responsibly to protect their customers from scams and fraud, and clarified that data protection law is not an excuse for failing to do so.’

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OUT-LAW.com, 26th November 2024

Source: www.pinsentmasons.com

Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer

‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’

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Local Government Lawyer, 25th November 2024

Source: www.localgovernmentlawyer.co.uk

Asylum seeker granted permission to apply for judicial review of age assessment – Local Government Lawyer

Posted November 26th, 2024 in asylum, children, judicial review, local government, news, young persons by tracey

‘A High Court judge has given an Eritrean asylum seeker permission to seek judicial review of an age assessment carried out by Warrington Borough Council, and ordered the local authority to provide her with appropriate support on an interim basis.’

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Local Government Lawyer, 25th November 2024

Source: www.localgovernmentlawyer.co.uk

Ethical clashes can cause young lawyers health problems – Legal Futures

Posted November 26th, 2024 in health, law firms, legal profession, news, public interest by tracey

‘Having a professional identity as a young lawyer that does not align with the values of your law firm could turn “wellbeing issues into serious health problems”, a leading legal academic has warned.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

Tribunal “copied most of ruling” from one side’s submissions – Legal Futures

Posted November 26th, 2024 in evidence, judgments, news, reasons, tribunals, witnesses by tracey

‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

Judiciary risks ‘debasement’ without more solicitors, warns lady chief justice – Law Society’s Gazette

Posted November 26th, 2024 in judiciary, news, recruitment, solicitors by tracey

‘City solicitors spend hours on pro bono work yet still do not believe they can find the time to get on to the judicial ladder. So claims the lady chief justice, who has warned that the bench risks become ‘debased’ without more solicitors stepping up.’

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Law Society's Gazette, 25th November 2024

Source: www.lawgazette.co.uk

Child sex offender jailed after police sting – BBC News

‘A man has been sentenced to four years in prison after being convicted of nine child sexual abuse offences.’

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BBC News, 25th November 2024

Source: www.bbc.co.uk

Supreme Court to hear case on definition of a woman – BBC News

Posted November 26th, 2024 in gender, news, Scotland, Supreme Court, transgender persons, women by tracey

‘Judges at the Supreme Court are to consider how women are defined in law in a landmark case brought by Scottish campaigners. It is the culmination of a long-running legal dispute which started with a relatively niche piece of legislation at the Scottish Parliament, but which could have big UK-wide implications.’

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BBC News, 25th November 2024

Source: www.bbc.co.uk

FCA is ‘incompetent at best, dishonest at worst’, claim MPs and peers – The Guardian

Posted November 26th, 2024 in financial regulation, news, parliament, reports by tracey

‘Britain’s financial sector watchdog is “incompetent at best, dishonest at worst”, according to a damning report by MPs and Lords which called for a big shake-up.’

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The Guardian, 26th November 2024

Source: www.theguardian.com

Drink spiking to be made criminal offence as Starmer pledges crackdown on violence against women – The Independent

Posted November 26th, 2024 in alcohol abuse, criminal justice, drug abuse, news, violence, women by tracey

‘Sir Keir Starmer has pledged to make spiking a drink a specific criminal offence as he demanded joint action from police and hospitality chiefs to crack down on violence against women and girls (VAWG).’

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The Independent, 25th November 2024

Source: www.independent.co.uk