Understanding Customs Duty and VAT Compliance Through Tribunal Cases – 33 Bedford Row

Posted December 10th, 2024 in chambers articles, customs and excise, HM Revenue & Customs, news, taxation, VAT by tracey

‘The three cases below provide valuable insights into the complexities of customs regulations and the importance of meticulous compliance. They underscore the need for businesses to adopt robust compliance mechanisms to prevent errors and fraud, while also highlighting the importance of a balanced approach in customs enforcement to ensure that penalties are commensurate with the nature and impact of non-compliance.’

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33 Bedford Row, 4th December 2024

Source: www.33bedfordrow.co.uk

Digital Forensics within the Criminal Justice System – 25 Bedford Row

‘Rare is the case that does not feature some aspect of digital technology. The House of Lords Science and Technology Select Committee identified that “Digital evidence is now a key component in many criminal trials…[estimating that]…90% of crime has a digital element, in the broadest sense…” Digital forensic evidence is critical in the course of all manner of criminal cases – from online fraud, stalking via social media, in cases where an offence is captured on CCTV, or where the prosecution of a case is reliant on cell site analysis.’

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25 Bedford Row, 3rd December 2024

Source: www.25bedfordrow.com

Domestic Abuse Protection Order Pilot Scheme – 25 Bedford Row

‘As of 27 November 2024, Domestic Abuse Protection Orders (“DAPOs”) are being piloted in Greater Manchester, parts of South London (Croydon, Bromley, and Sutton) and the British Transport Police.’

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25 Bedford Row, 10th December 2024

Source: www.25bedfordrow.com

Is the right to a fair trial secure under the FA’s Whole Game System? – 7BR

Posted December 10th, 2024 in chambers articles, disciplinary procedures, news, sport, trials by tracey

‘The recent decision of an FA Appeal Board in Craig Walton v Birmingham County FA (“Walton“) [1], wherein this author represented the appellant, raises several questions of procedural fairness and natural justice.’

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7BR, 6th December 2024

Source: www.7br.co.uk

Trust Disputes, Grosskopf v Grosskopf: Light At End of Arbitral Tunnel? – 4-5 Gray’s Inn Square

Posted December 10th, 2024 in arbitration, chambers articles, news, trusts by tracey

‘Boris Lazic & Arran Dowling-Hussey look at the extent to which trust disputes can be subject to arbitration after the recent decision in Grosskopf v Grosskopf ([2024] EWHC 291 (Ch).’

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4-5 Gray’s Inn Square, 6th December 2024

Source: www.4-5.co.uk

BAILII: Recent Decisions

Posted December 10th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Tendring District Council v Secretary of State for Work and Pensions & Anor [2024] EWCA Civ 1509 (09 December 2024)

Tendring District Council v Secretary of State for Work and Pensions & Anor [2024] EWCA Civ 1518 (09 December 2024)

Doorstep Dispensaree Ltd v The Information Commissioner [2024] EWCA Civ 1515 (09 December 2024)

S v Secretary of State for the Home Department [2024] EWCA Civ 1482 (06 December 2024)

Alame & Ors v Shell PLC & Anor [2024] EWCA Civ 1500 (06 December 2024)

Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490 (05 December 2024)

Ali v HSF Logistics Polska SP ZOO [2024] EWCA Civ 1479 (04 December 2024)

Ahmad v Ouajjou & Anor [2024] EWCA Civ 1480 (04 December 2024)

Court of Appeal (Criminal Division)

Wieromiejzyk & Anor v Director of Public Prosecutions [2024] EWCA Crim 1486 (06 December 2024)

Ratcliffe v R. [2024] EWCA Crim 1498 (05 December 2024)

BOB & Ors, R. v [2024] EWCA Crim 1494 (05 December 2024)

Noakes, R. v [2024] EWCA Crim 1507 (26 November 2024)

High Court (Administrative Court)

Simpson, R (On the Application Of) v NHS Mid and South Essex Integrated Care Board [2024] EWHC 3063 (Admin) (06 December 2024)

Todirica v Pascani Court of Law (Romania) [2024] EWHC 3113 (Admin) (04 December 2024)

Scott, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 3110 (Admin) (03 December 2024)

Source: www.bailii.org

Setting up a UK subsidiary: key tax considerations – OUT-LAW.com

Posted December 10th, 2024 in company law, corporation tax, news, subsidiary companies, taxation, VAT by tracey

‘This guide outlines some of the key tax issues to consider when setting up a subsidiary in the UK. It assumes that the subsidiary will be a private company limited by shares, although other legal forms are available.’

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OUT-LAW.com, 10th December 2024

Source: www.pinsentmasons.com

Creditor refused injunction to deprive debtor his pension – OUT-LAW.com

Posted December 10th, 2024 in debts, injunctions, insolvency, news, pensions by tracey

‘A creditor has been prohibited from obtaining a mandatory injunction that would have required a debtor to draw down a lump sum from his occupational pension scheme for the purpose of paying a default judgment.’

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OUT-LAW.com, 9th December 2024

Source: www.pinsentmasons.com

Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic by tracey

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

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UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com

Law Commission to review law and sentencing in homicide – Law Commission

Posted December 10th, 2024 in homicide, Law Commission, murder, news, sentencing by tracey

‘The Law Commission has agreed to take on a project reviewing the law on homicide and the sentencing framework for murder. The review follows a request from the Lord Chancellor and recognises the vital importance of making sure that the gravest offences recognised by the criminal law in England and Wales work effectively in the 21st century.’

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Law Commission, 6th December 2024

Source: lawcom.gov.uk

The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by tracey

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

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Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

Barrister apprenticeship standard endorsed by Bar Standards Board – Bar Standards Board

Posted December 10th, 2024 in barristers, legal education, news, standards by tracey

‘The Institute for Apprenticeships and Technical Education (IFATE) and the Bar Standards Board (BSB) are pleased to announce the Barrister Apprenticeship Standard. This new standard sets out the skills, knowledge and behaviours needed to become a successful practising barrister in England and Wales. ‘

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Bar Standards Board, 5th December 2024

Source: www.barstandardsboard.org.uk

Race at the Bar: time to double down on race equality work – The Bar Council

Posted December 10th, 2024 in barristers, equality, news, race discrimination, reports by tracey

‘The Bar Council is calling on individuals, chambers, and organisations at the Bar to step up work on race equality and keep the momentum going, as it publishes the follow up report to the landmark Race at the Bar report 2021.”

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The Bar Council, 4th December 2024

Source: www.barcouncil.org.uk

Arbitrating Costs Provision Applications – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, costs, divorce, family courts, news by tracey

‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’

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Financial Remedies Journal, 5th December 2024

Source: financialremediesjournal.com

Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, dispute resolution, news by tracey

‘Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.

However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.

Here are our lessons learned over the past few years.’

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Financial Remedies Journal, 2nd December 2024

Source: financialremediesjournal.com

Mental health trust could lose its licence – BBC News

Posted December 10th, 2024 in homicide, hospital orders, hospitals, licensing, mental health, news, reports by tracey

‘NHS England says the mental health trust that treated the killer who carried out the Nottingham attacks must attend monthly progress meetings to discuss improvements or face losing its licence.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Former chair of Criminal Bar Association found to have ‘inappropriately initiated sexual contact’ with aspiring lawyer – The Guardian

‘A former chair of the Criminal Bar Association (CBA) inappropriately initiated sexual contact with an aspiring lawyer, a disciplinary tribunal has found.’

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The Guardian, 9th December 2024

Source: www.theguardian.com

Top London academies face mass claims of emotional harm as Whitehall acts on crisis – The Guardian

‘The government has expressed alarm at “deeply distressing” allegations of emotional harm at one of the country’s leading academy trusts after an Observer investigation.’

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The Guardian, 7th December 2024

Source: www.theguardian.com

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by tracey

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Stalkers to be tagged on prison release in pilot – BBC News

Posted December 10th, 2024 in electronic monitoring, London, news, pilot schemes, release on licence, stalking by tracey

‘More than 200 stalking offenders released from prison will be GPS tagged by March 2026 under a pilot scheme from the Mayor of London, Sadiq Khan.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk