Court of Appeal provides helpful guidance in first statutory UK tax residence decision – OUT-LAW.com

Posted February 27th, 2025 in appeals, HM Revenue & Customs, interpretation, news, taxation by sally

‘The Court of Appeal’s guidance on the meaning of “prevention” and “exceptional circumstances” in terms of statutory residency is helpful for UK taxpayers, reinstating a more favourable position than had been previously adopted, an expert has said.’

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OUT-LAW.com, 25th February 2025

Source: www.pinsentmasons.com

Judicial review claims by councils rise but permissions drop, says report – Local Government Lawyer

Posted February 27th, 2025 in judicial review, law firms, local government, news, reports, statistics by sally

‘The number of judicial review claims brought by local authorities has risen steadily since 2021, but permissions have fallen, a report from law firm Burges Salmon has found.’

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Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Ofcom to ‘shine light’ on sites not doing enough to protect women and girls – The Independent

Posted February 27th, 2025 in codes of practice, internet, news, ombudsmen, women by sally

‘Tech platforms who are not doing enough to protect women and girls online will have their inaction highlighted so the public can make a choice about whether or not to use them, Ofcom has said.’

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The Independent, 26th February 2025

Source: www.independent.co.uk

Probate staff “did not understand” digital processes, minister admits – Legal Futures

Posted February 27th, 2025 in computer programs, HM Courts Service, inquiries, news, probate by sally

‘His Majesty’s Courts and Tribunals Service (HMCTS) “did not have a mechanism to deliver comprehensive training” when the Probate Service was digitised, a justice minister has admitted.’

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Legal Futures, 25th February 2025

Source: www.legalfutures.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter – January 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 14th January 2025

Source: www.spirebarristers.co.uk

The right to manage and equitable interests – Tanfield Chambers

Posted February 27th, 2025 in chambers articles, housing, land registration, landlord & tenant, leases, news by sally

‘Tenants of flats were given the right to have a manager appointed, to take over the landlord’s management of the building in which the flats were situated, in the Landlord and Tenant Act 1987 but only if they could prove fault on the part of the landlord or managing agents. In order to make it easier for the tenants to wrest control of the management of the building from their landlord, the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) gave the tenants of flats the right to have the management of the building transferred to a company controlled by them as of right, without having to prove any default on the part of the landlord.’

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Tanfield Chambers, 24th January 2025

Source: tanfieldchambers.co.uk

Government to bring in single construction regulator, new legal duty of candour for public bodies after accepting Grenfell inquiry report recommendations in full – Local Government Lawyer

‘The Government has accepted all 58 recommendations in the Grenfell Tower Inquiry’s final report, and will introduce a new single construction regulator “to ensure those responsible for building safety are held to account”.’

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Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

SnowDome fined £100k over boy’s sledge death – BBC News

‘An indoor ski centre has been fined £100,000 following the death of a 12-year-old boy.’

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BBC News, 26th February 2025

Source: www.bbc.co.uk

Law Commission proposes reforms on how possible miscarriages of justice are handled – The Guardian

‘More potential wrongful convictions could be sent back to the appeal court under proposals to change the way the miscarriages of justice watchdog decides cases.’

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The Guardian, 27th February 2025

Source: www.theguardian.com

A Guide to Marriage and Civil Partnership Visit Visas – Richmond Chambers

Posted February 26th, 2025 in chambers articles, civil partnerships, families, immigration, marriage, news, visas by sally

‘This article will focus on those seeking to come to the UK to marry or form a civil partnership, or give notice of marriage or civil partnership.’

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Richmond Chambers, 25th January 2025

Source: immigrationbarrister.co.uk

Access Injunctions – a discussion of some recent issues – St Ives Chambers

Posted February 26th, 2025 in chambers articles, housing, injunctions, judges, jurisdiction, landlord & tenant, news by sally

‘As housing practitioners, an application we see regularly is for an injunction for access for gas safety checks. Over the last 3 months, 4 issues have been raised with me so I thought it was a good time to write an article on the subject.’

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St Ives Chambers, 21st January 2025

Source: d23mtoo6rceerw.cloudfront.net

Defamation: No Publication to a Third-Party for Intra-Company Communications – St John’s Buildings

Posted February 26th, 2025 in chambers articles, company law, employment, news, third parties by sally

‘The Claimant alleged that an employee of the Defendant had been libellous as well as slanderous when she allegedly informed other managers at different branches of the Defendant’s hotel that the Claimant ‘trashed rooms’ and purportedly placed her name on a ‘barred guest list.’ The claim was only brought against the Defendant as a company and not the individual employee.’

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St John's Buildings, January 2025

Source: stjohnsbuildings.com

The Deregulation Act 2015: A decade on – St John’s Chambers

Posted February 26th, 2025 in appeals, chambers articles, housing, landlord & tenant, news, repossession by sally

‘In this article Brittany Pearce considers some of the difficulties still posed by the Deregulation Act 2015 for defaulting landlords and outlines the issues still outstanding following the Court of Appeal’s decision in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760.’

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St John's Chambers, 21st January 2025

Source: www.stjohnschambers.co.uk

The Worst Secret Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 – St Philips Barristers

‘On 18 December 2024, the Supreme Court delivered its much-anticipated decision in Hirachand, holding that Conditional Fee Agreement (“CFA”) success fees cannot be recovered as part of an applicant’s financial needs under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). Although the decision has now provided much-needed certainty in this area, to say it has had a mixed reception amongst Chancery practitioners would be an understatement. This note will provide an overview of the decision and its background as well as some reflections on its implications for future litigants.’

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St Philips Barristers, 30th January 2025

Source: st-philips.com

Environmental Law News Update – Six Pump Court

‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’

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Six Pump Court, 13th January 2025

Source: 6pumpcourt.co.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’

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Spire Barristers, 7th January 2025

Source: www.spirebarristers.co.uk

When Unregistered Conveyancing and Land Registration meet – Tanfield Chambers

Posted February 26th, 2025 in chambers articles, conveyancing, land registration, news by sally

‘Chapter 1 of Part 2 of the Land Registration Act 2002 (“the Act”) is entitled “First Registration”, and section 3 applies to any unregistered estate in land (section 3(1)(a)). Subject to certain exceptions, a person may apply pursuant to section 3(2)(a) to the registrar to be registered as the proprietor of a legal estate to which section 3 applies if the estate is vested in that person.’

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Tanfield Chambers, 31st January 2025

Source: tanfieldchambers.co.uk

Royal contemnors and video evidence – Tanfield Chambers

Posted February 26th, 2025 in bankruptcy, chambers articles, evidence, news, remote hearings, video recordings by sally

‘In the ongoing saga between HRH Prince Hussam Bin Saud Bin Abdulaziz Saud (“Prince Hussam”) and Mobile Telecommunications Company KSCP (“MTC”), the High Court was recently faced with the question of whether Prince Hussam, his mother Princess Noorah, and his wife Princess Sarah, should be able to give evidence remotely during the trial of MTC’s bankruptcy petition against Prince Hussam. In deciding that Prince Hussam and Princess Noorah, but not Princess Sarah, could give evidence remotely, Thompsell J explored a number of authorities concerning applications to appear in court by video link (“VCF applications”). The aim of this article is to first set out the background to Prince Hussam’s VCF application, and to then explore the relevant principles raised by Thompsell J which are relevant to practitioners dealing with issues in this field.’

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Tanfield Chambers, 24th January 2025

Source: tanfieldchambers.co.uk

‘Rep Sol’ instead of ‘Rep Ben’? When to appoint a solicitor as a representative party – Wilberforce Chambers

Posted February 26th, 2025 in chambers articles, news, solicitors, trusts by sally

‘The decision of Saira Salimi (sitting as a Deputy High Court Judge) in Natwest & Ors v. Ludlow & Ors [2024] WTLR 239 is an example of an application to Court by trustees in which the person appointed as a representative party on behalf of the interests of various persons was not a beneficiary (‘Rep Ben’) but a solicitor (‘Rep Sol’). This approach is not uncommon or controversial but may be somewhat overlooked. This article considers in what situations it may be appropriate.’

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Wilberforce Chambers, 30th January 2025

Source: www.wilberforce.co.uk

Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal – Mental Capacity Law and Policy

‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’

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Mental Capacity Law and Policy, 20th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk