‘Companies in the food and drinks sector must pay close attention to potential VAT treatment when developing new products, as a recent ruling by the Court of Appeal in London shows that the treatment often hinges on small details, a tax expert has said.’
OUT-LAW.com, 27th March 2025
Source: www.pinsentmasons.com
‘Where, on the face of a contract, the existence of a debt is conditional on the occurrence of a particular fact, and that fact has not occurred, because the person who promised payment has prevented it from occurring, does the debt arise nevertheless on the notion that the condition is then to be deemed fulfilled? In King Crude Carriers SA v Ridgebury November LLC, a unanimous Court of Appeal, reversing the judge, endorsed the effect of that notion while appearing to resituate it as a matter of contractual construction, based upon the objective intention of the contracting parties. That would be a step in the right direction. The precise nature of that notion remains murky, however, and would profit from further clarification.’
Legal Studies, 7th February 2025
Source: www.cambridge.org
‘In Secretary of State for the Environment v PCSU [2024] UKSC 41the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.1 The relevance of the presumption in s. 179 of the Trade Union and Labour Relations (Consolidation) Act 1992 to collectively agreed obligations which are incorporated in an employment contract was at the heart of the litigation. The Supreme Court found in favour of the trade union and this well prove beneficial to unions in future cases centring on third party rights. I would suggest that the decision also has significant implications for cases on incorporation of collectively agreed terms. It is also conceivable that the debate as to the merits of direct enforcement of collective agreements will be reopened.’
Industrial Law Journal, 6th February 2025
Source: academic.oup.com
‘The City trader jailed for Libor rigging in 2015 has said he believes he was convicted during a “morality trial” of bankers’ conduct, as he concluded his fight to clear his name at the UK’s highest court.’
The Guardian, 27th March 2025
Source: www.theguardian.com
‘George v Cannell [2024 UKSC 19, [2024] 3 W.L.R. 153 is the first time in over a century that the UK’s highest court has substantively considered the economic tort of malicious falsehood. Sometimes known as injurious falsehood or slander of title, at common law this tort requires a falsehood, published maliciously which is calculated to produce, and does produce, “special damage” – namely, pecuniary loss.’
Cambridge Law Journal, 7th January 2025
Source: www.cambridge.org
‘Although the resulting trust has played a lessening role as an appropriate mechanism for determining beneficial ownership of the family home, recent case law has seen a re-emergence of the doctrine in cases involving the purchase of property as a business venture or investment. Significantly, in these cases, the courts have ruled out a holistic or broad brush approach (taking into account a range of factors) in assessing the parties equitable shares in favour of a purely mathematical calculation based on the parties’ respective financial contributions towards the purchase price. This approach, however, will not necessarily apply in all cases involving investment property as the Privy Council decision in Marr v Collie [2018] AC 631 has demonstrated. Much will still turn on the parties’ common intention in deciding whether to apply a resulting trust solution or, alternatively, an approach based on constructive trust principles. Apart from the investment context, it is now also clear that the resulting trust will be the preferred option where there is a lack of close relationship between the parties. Here too, the courts have excluded the determination of beneficial ownership under a common intention constructive trust and applied an arithmetical calculation of the parties’ respective beneficial shares despite the domestic context of the transaction.’
Trusts & Trustees, 19th March 2025
Source: academic.oup.com
‘Journalists and legal bloggers (reporters) are normally allowed to see certain types of documents under the Reporting Provisions that came in this year, and earlier during the Reporting Pilot. Sometimes reporters ask to see other relevant documents, and there’s a process for applying to do this. This blog post is about a case where the BBC have been following a case in the family courts in which they asked for, and were given permission to see, certain extra documents. However, other parties in the case weren’t happy about this and applied for permission to appeal (PTA) against that order for disclosure of the documents.’
Transparency Project, 24th March 2025
Source: transparencyproject.org.uk
‘A firm which submitted a claim to the Legal Aid Agency for 10,000 pages of prosecution evidence (PPE) but was told it could claim only for 882 pages has succeeded in its High Court appeal.’
Law Society's Gazette, 24th March 2025
Source: www.lawgazette.co.uk
‘A hotel owner fined £200,000 after a three-year-old girl was seriously injured by a falling roof slate during building works has had an appeal dismissed.’
BBC News, 25th March 2025
Source: www.bbc.co.uk
‘A man jailed for raping a 10-year-old girl he groomed on social media has had his sentence increased by three years.’
BBC News, 25th March 2025
Source: www.bbc.co.uk
‘An asylum seeker has been allowed to remain in Britain after a judge confused the country he fled from, Iraq, with Iran.’
The Independent, 21st March 2025
Source: www.independent.co.uk
‘A recent UK tax tribunal ruling has clarified that there is no default position for granting applications by third parties for disclosure of documents in tax appeals, while making it clear that third parties have to show a good reason for seeking access to a document.’
OUT-LAW.com, 21st March 2025
Source: www.pinsentmasons.com
‘The Upper Tribunal has handed down its decision in Singleton Birch & Anor v HMRC [2025] UKUT 72 (TCC) – the first appellate decision to consider the interpretation of the Landfill Tax (Qualifying Material) Order 2011 (‘QMO’).’
Devereux Chambers, 11th March 2025
Source: www.devereuxchambers.co.uk
‘The Supreme Court has handed down judgment in an important appeal concerning fiduciary duties. Three individuals who had been appointed by their principal to pursue a lucrative business opportunity decided instead to pursue it for their own benefit. They were found at trial to have breached fiduciary duties owed to their principal. On the taking of an account of profits, they were found to have earned around $170m from the pursuit of the business opportunity, and were ordered to account to the principal for the entire sum less a 25% equitable allowance to reflect the work they had done in generating it’
Blackstone Chambers, 19th March 2025
Source: www.blackstonechambers.com
‘An upcoming Supreme Court judgment could have a direct impact on enforcement strategies in the trade mark sphere, experts have said.’
OUT-LAW.com, 18th March 2025
Source: www.pinsentmasons.com
‘The Court of Appeal has ruled that a law firm’s conditional fee agreement had retrospective effect, even if that was not specifically set out in the contract.’
Law Society's Gazette, 17th March 2025
Source: www.lawgazette.co.uk
‘Lucy Letby has called for the public inquiry into her crimes to be halted, arguing there is now “overwhelming and compelling” evidence undermining her baby murder convictions. Lawyers for the former nurse took the extraordinary step of writing to Lady Justice Thirlwall on Monday to say that the inquiry – which is due to end on Wednesday – should be suspended immediately.’
The Guardian, 17th March 2025
Source: www.theguardian.com
‘A roundup of football law news and decisions from January and February 2025.’
Football Law, 10th March 2025
Source: www.footballlaw.co.uk
‘A former Ofsted inspector sacked for brushing water off a child’s head was unfairly dismissed, the Court of Appeal has found.’
The Independent, 15th March 2025
Source: www.independent.co.uk
‘The number of asylum seekers left in limbo as they appeal against a rejected asylum application has risen by nearly 500% over two years, putting renewed pressure on the taxpayer, an analysis by the Refugee Council has found.’
The Guardian, 16th March 2025
Source: www.theguardian.com
© Inner Temple Library 2025