Judges tell government not to extend whiplash tariff model – Legal Futures

Posted April 3rd, 2025 in news by sally

‘The senior judiciary has warned the government not to extend the whiplash tariff to larger or different types of claims, it emerged yesterday.’

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Legal Futures, 3rd April 2025

Source: www.legalfutures.co.uk

All change for nature recovery and habitats assessments? The Planning & Infrastructure Bill 2025 – Francis Taylor Building

Posted April 3rd, 2025 in news by sally

‘The provisions of the Planning & Infrastructure Bill (“the Bill”) relating to nature recovery represent some of the Government’s most ambitious planning reforms in the Bill.’

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Francis Taylor Building, 27th March 2025

Source: www.ftbchambers.co.uk

Court of Protection Case Review: Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2) – Article by Khadim Al’Hassan – Park Square Barristers

Posted April 3rd, 2025 in news by sally

‘This is an interesting Court of Protection case where the English Courts ruled that it retains jurisdiction even when an individual moves abroad.’

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Park Square Barristers, 18th March 2025

Source: www.parksquarebarristers.co.uk

Duty to determine state immunity of own motion applies to all courts and tribunals – Littleton Chambers

Posted April 3rd, 2025 in news by sally

‘The Supreme Court has recently handed down judgment in The Royal Embassy of Saudi Arabia (Cultural Bureau) (Appellant) v Costantine (Respondent) [2025] UKSC 9, providing authoritative guidance on:
1. The duty on courts and tribunals to determine the issue of State immunity of their own motion;
2. The test for determining State immunity in employment claims brought by a foreign State’s administrative and technical employees; and
3. The effect of the State Immunity Act 1978 (Remedial) Order (SI 2023/112).’

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Littleton Chambers, 25th March 2025

Source: littletonchambers.com

Pre-Sentence Reports for Specific Cohorts: A Move in the Right Direction? – Mountford Chambers

Posted April 3rd, 2025 in news by sally

‘In this article, Anna Wright discusses the recent debate on racial bias as a result of the updated guideline for the imposition of community and custodial sentences.’

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Mountford Chambers, 13th March 2025

Source: www.mountfordchambers.com

Moral panics and legal projects: echoes of Section 28 in United Kingdom transgender discourse and law reform – Gender and Justice

Posted April 3rd, 2025 in news by sally

‘A grounding in the queer history of the legal system in the United Kingdom reveals striking parallels between the moral panic leading to the enactment of Section 28 of the Local Government Act 1988, and the current moment’s discourse surrounding the inclusion of transgender people in social spaces and their potential right to self-identification of gender in law. Through use of moral panic theory, this article examines and contextualizes the historical forces at play in the formation of laws around queer and trans lives in the UK, and in particular the instrumentalization of fears over the safety of children and cisgender women. The article also provides a practical example of the influence of the trans moral panic on law reform, by evaluating the debate surrounding the Gender Recognition Reform (Scotland) Bill 2022. It concludes that there is no ‘gender crisis’ in the UK, but there are powerful social forces at work to stoke a moral panic and, in doing so, stigmatize and alienate trans people in a similar manner to the stigmatization of homosexuality as an illegitimate way of life under Section 28.’

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Gender and Justice, 4 March 2025

Source: doi.org

No More Naming and Shaming – Mountford Chambers

Posted April 3rd, 2025 in news by sally

‘Fatima Jama provides a synopsis of the Financial Conduct Authority’s decision to step back from proposed changes to its investigation disclosure policy.’

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Mountford Chambers, 18th March 2025

Source: www.mountfordchambers.com

Don’t Lease Back in Anger – MVL Properties (2017) Ltd v The Leadmill Ltd [2025] EWHC 349 (Ch) – Gatehouse Chambers

Posted April 3rd, 2025 in news by sally

‘Given the consultation on reforming the Landlord and Tenant Act 1954, it seems appropriate to consider a recent case in which the landlord of a business tenancy successfully obtained possession on the basis that it intended to occupy the premises for the purposes of carrying out a business therein.’

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Gatehouse Chambers, 28th March 2025

Source: gatehouselaw.co.uk

Managers: Unknown to the Building Safety Act? – Falcon Chambers

Posted April 3rd, 2025 in news by sally

‘Decisions from the Tribunals have shown that when there are entities which manage buildings without owning any legal estate in them, some parties do not fit neatly into the relevant definitions in the Building Safety Act 2022.’

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Falcon Chambers, 27th March 2025

Source: www.falcon-chambers.com

Legal education and legal theory: the determined province of jurisprudence textbooks – The Law Teacher

Posted April 3rd, 2025 in news by sally

‘This article looks at the lessons about law, justice and morality conveyed by jurisprudence textbooks published and sold in the UK. Through a detailed statistical analysis of which legal theories appear and the depth in which they are covered, it shows that these textbooks by and large have a standard content. Based on this analysis, the article argues that this canonical content fails to fulfil the full potential legal theory offers in enabling students to gain a comprehensive and critical understanding of the law they study, and to prepare them for the value choices they might need to make in practice. In particular, it argues that the focus of the theories and jurisprudential issues discussed fails to sufficiently challenge the view of law as a valuable protector of individual freedom and as applying more or less in the way portrayed in the book. In fact, a detailed analysis of the way jurisprudential content is structured and presented through various rhetorical techniques suggests that in some cases textbook content stems from subconscious or even conscious political choices about what law students should learn. But whether this is the case or not, it can be concluded that there is a need for jurisprudence textbooks to diversify and rethink their focus and emphasis in the theories and issues they cover if they are going to fulfil their potential as an essential form of legal education.’

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The Law Teacher, 19th March 2025

Source: www.tandfonline.com

Principles applying to the recovery of CFA uplifts (AKS (a protected party) v National Farmers Union Mutual Insurance Society Limited) – Gatehouse Chambers

Posted April 3rd, 2025 in news by sally

‘Where a solicitor represents a protected party, the Court, subject to certain exceptions (CPR 46.4(3) and Practice Direction 46 at paragraph 2.1 – inapplicable on the facts of this case) must assess the costs payable by that protected party to that party’s own solicitor out of their damages: CPR 46.4(2)(a). The costs will be assessed in accordance with the indemnity principle as is usual for a client-solicitor assessment: see CPR 46.9.’

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Gatehouse Chambers, 27th March 2025

Source: gatehouselaw.co.uk

Competing Article 8 rights to family life for siblings in a decision on adoption: O & G & L [2025] EWFC 21 (B) – Pump Court Chambers

Posted April 3rd, 2025 in news by sally

‘The Local Authority’s application concerned three children: O (age 9), G (age 3) and L (age 1). M had two older children, T who was living independently in supported accommodation, and Ta who was living with her father. At the time of the Final Hearing all three children were in separate foster placements.’

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Pump Court Chambers, 31st March 2025

Source: www.pumpcourtchambers.com

Legal aid for victims of trafficking – Administrative Court Blog

Posted April 3rd, 2025 in news by sally

‘When must legal aid be provided to trafficking victims seeking compensation from the state relating to their ill treatment? This was the question for Calver J in R (HJK and Others) v Director of Legal Aid Casework [2025] EWHC 774 (Admin) (1 April 2025). The four claimants in this case were each victims of criminal trafficking. Since 2012, trafficking victims have been eligible to make a claim for compensation under the Criminal Injuries Compensation Scheme. Each of the four claimants applied for legal aid for assistance with their applications, but each application was denied (in fact, each claimant had their applications denied twice, after the defendant re-made decisions following review requests). The claimants sought judicial review of these refusals, and asked the High Court to declare that they were unlawfully made.’

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Administrative Court Blog, 1st April 2025

Source: administrativecourtblog.wordpress.com

Axel Rudakubana and the Southport stabbings: The obsession with redefining terrorism and extremism is not the answer – Doughty Street Chambers

Posted April 3rd, 2025 in news by sally

‘Three days ago, the head of the Prevent counter-terrorism scheme left his role following a review into failings that led to the Southport stabbings on 29 July 2024.’

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Doughty Street Chambers, 1st April 2025

Source: insights.doughtystreet.co.uk

‘We thought we could change the world’: how an idealistic fight against miscarriages of justice turned sour – The Guardian

Posted April 3rd, 2025 in news by sally

‘When a no-nonsense lecturer set up a radical solution to help free the wrongfully convicted in the UK, he was hopeful he could change the justice system. But what started as a revolution ended in acrimony.’

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The Guardian, 3rd April 2025

Source: www.theguardian.com

MPs’ attacks on judges a huge threat to the rule of law, says attorney general – The Guardian

Posted April 3rd, 2025 in news by sally

‘Political attacks on judges are “dangerous” and “a huge threat to the rule of law and the independence of the judiciary”, the attorney general has said in a direct rebuke to the shadow justice secretary.’

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The Guardian, 2nd April 2025

Source: www.theguardian.com

Discrimination that ‘arises from’ or is ‘related to’ belief – No. 5 Chambers

Posted April 3rd, 2025 in news by sally

‘There is no overt reference in the Equality Act 2010 to the protection that exists (per Article 9.1 ECHR) for those seeking to manifest (in some way) their religion/belief. In light of the recent decision in Higgs v. Farmor’s School [2025] EWCA Civ 109 the question arises: is it time for a new form of religious/belief discrimination, equivalent to the protection that is provided to those with a disability pursuant to s.15 EqA 2010?’

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No. 5 Chambers, 31st March 2025

Source: www.no5.com

Did you miss? Adverse possession – Schedule 6 LRA 2002 – ‘reasonable belief’-10-year period – Gatehouse Chambers

Posted April 3rd, 2025 in news by sally

‘The respondent (B) had been the registered proprietor of an area of land since September 2002. The appellants (Rs) had been the registered proprietors of adjoining land since July 2004. A dispute arose between them over a strip of land that formed part of B’s registered title but had been used by Rs as part of their garden and, later, for the erection of a new property.’

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Gatehouse Chambers, 25th March 2025

Source: gatehouselaw.co.uk

Father who shook eight-week-old daughter jailed for her murder after she succumbed to injuries six years later – The Independent

Posted April 3rd, 2025 in news by sally

‘Father who shook eight-week-old daughter jailed for her murder after she succumbed to injuries six years later
A “volatile” father whose eight-week-old daughter was left profoundly disabled after he fractured her skull has been jailed for life with 17 years for her murder after she died from her injuries six years later.’

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The Independent, 2nd April 2025

Source: www.independent.co.uk

The Pensions Trust litigation: What’s it all about? – Pensions Barrister

Posted April 3rd, 2025 in news by sally

‘Paul Newman KC explains the issues arising in the recent The Pensions Trust trial, which will be of general interest to the profession. The trial finished last week and judgment is expected in due course.’

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Pensions Barrister, 3rd April 2025

Source: www.pensionsbarrister.com