Tribunal requires overseas litigation funder to abide by ALF code – Legal Futures

‘The Competition Appeal Tribunal (CAT) has made an overseas funder’s compliance with key parts of the Association of Litigation Funders’ code of conduct a condition of granting a collective proceedings order.’

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Legal Futures, 7th August 2024

Source: www.legalfutures.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

‘In contemplation of death’ case goes to appeal – Law Society’s Gazette

Posted August 5th, 2024 in appeals, bereavement, families, news, wills by tracey

‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’

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Law Society's Gazette, 5th August 2024

Source: www.lawgazette.co.uk

Green light for billionaire to challenge law firm’s £13m fees – Legal Futures

Posted August 2nd, 2024 in appeals, costs, fees, law firms, news, solicitors by michael

‘The Court of Appeal has upheld a decision that none of the 79 invoices worth nearly £13m received by a billionaire businessman over six years were statutory bills, meaning they remain open for challenge.’

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Legal Futures, 2nd August 2024

Source: www.legalfutures.co.uk

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

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Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

Supreme Court confirms no tax deductions on costs associated with disposal of a business – OUT-LAW.com

Posted August 1st, 2024 in appeals, company law, corporation tax, news, Supreme Court, taxation by tracey

‘Tax deductions were not available for professional fees incurred by an investment company once a decision to sell a business it held had been made, because they were expenses of a capital nature even though they are accepted to have been expenses of management, the UK’s highest court has ruled.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK

Posted July 31st, 2024 in appeals, Christianity, Church of England, human rights, news, Privy Council by sally

‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’

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Law & Religion UK, 31st July 2024

Source: lawandreligionuk.com

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

Air Travel Woes – Law Pod UK

Posted July 26th, 2024 in airlines, appeals, brexit, compensation, news, podcasts, Supreme Court by sally

‘A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.’

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Law Pod UK, 25th July 2024

Source: audioboom.com

Virgin Media: CA gives no respite – Pensions Barrister

Posted July 26th, 2024 in airlines, appeals, chambers articles, contracting out, news, pensions by sally

‘Paul Newman KC has written a casenote on today’s decision, in which the CA dismissed the appeal against the judge’s decision that the contracting-out legislation required amendments which only affected future service benefits to be accompanied by written actuarial confirmation.’

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Pensions Barrister, 25th July 2024

Source: www.pensionsbarrister.com

Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer

Posted July 26th, 2024 in appeals, deposits, housing, landlord & tenant, local government, news, penalties by sally

‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

When is a Crematorium Actually a Crematorium? – 39 Essex Chambers

‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’

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39 Essex Chambers, 16th July 2024

Source: www.39essex.com

Court of Appeal finds the National Crime Agency’s refusal to investigate human rights abuse-linked cotton imports from the Uyghur region unlawful – UK Human Rights Blog

‘R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715. This landmark decision was a successful appeal from the judgment of Dove J ([2023] EWHC 88 (Admin)) on the single issue of whether the National Crime Agency (“NCA”) misdirected itself when reaching the decision (i) not to investigate alleged offences under Part 7 of the Proceeds of Crime Act 2002 (“POCA”) and (ii) not to commence a civil recovery investigation under Part 5, in respect of certain cotton products brought into the UK alleged to be the product of forced labour and other human rights abuses.’

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UK Human Rights Blog,, 23rd July 2024

Source: ukhumanrightsblog.com

Uyghur v NCA – and how it could affect law firms – Law Society’s Gazette

‘In its recent judgment in World Uyghur Congress v National Crime Agency, the Court of Appeal addressed the application of the money laundering provisions of the Proceeds of Crime Act 2002 (POCA) in the context of international supply chains. The appeal court’s clarification of the scope of the ‘adequate consideration’ exemption under POCA has wide-reaching implications not only for businesses with global supply chains but for all professional services firms in the UK.’

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Law Society's Gazette, 19th July 2024

Source: www.lawgazette.co.uk

Law and religion roundup – Law & Religion UK

‘Further to the notices relating to Jonathan Fletcher posted by the Diocese of Southwark and the Metropolitan Police, it is perhaps timely to include a link to the Attorney General’s Note, Contempt of court and social media.’

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Law & Religion UK, 14th July 2024

Source: lawandreligionuk.com

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by tracey

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Update on limitation periods – Local Government Lawyer

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Private hire operators outside London and their customers – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, local government, London, news, taxis by tracey

‘The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.’

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Local Government Lawyer, 15th July 2024

Source: www.localgovernmentlawyer.co.uk

SRA to appeal decision to clear Dentons over AML breaches – Legal Futures

‘The High Court looks set to rule on whether a tribunal was right to find that Dentons’ breach of the anti-money laundering (AML) rules was “inadvertent” and did not amount to professional misconduct.’

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Legal Futures, 15th July 2024

Source: www.legalfutures.co.uk

In depth: Manchester Ship Canal and the right to sue over untreated sewage discharges – Law Society’s Gazette

Posted July 10th, 2024 in appeals, damages, negligence, news, sewerage, Supreme Court, waste, water, water companies by tracey

‘The Supreme Court’s ruling that a canal owner can seek redress for unauthorised discharges of foul water by a sewage utility could open the floodgates to “thousands” of similar claims.’

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Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk