Upper Tribunal Hands Down Landfill Tax Judgment – Devereux Chambers

‘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’).’

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Devereux Chambers, 11th March 2025

Source: www.devereuxchambers.co.uk

Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10 – Blackstone Chambers

‘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’

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Blackstone Chambers, 19th March 2025

Source: www.blackstonechambers.com

Council Tax – Meaning of ‘Owner’ – 33 Bedford Row

Posted March 19th, 2025 in chambers articles, council tax, joint liability, local government, news by tracey

‘Liability for Council Tax is imposed by the Local Government Finance Act 1992 (“1992 Act”). In the 1992 Act, the important sections for England and Wales on the imposition of liability are those in a group of sections called “Liability to tax”, that is, sections 6 to 9 inclusive, with the key section being section 6, entitled “Persons liable to pay council tax”. Section 6 of the 1992 Act “…sets out a hierarchy in order of priority of those who will be liable to pay council tax in relation to a chargeable dwelling.”

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33 Bedford Row, 11th March 2025

Source: www.33bedfordrow.co.uk

Companies House Director’s / Secretary’s Address – Service – s.1140 Companies Act 2006 – 33 Bedford Row

‘In England and Wales, there are rules on what address, a person may be served at, for the purposes of service of a court document. In ordinary civil proceedings in the county court or High Court, the rules are set out in CPR Part 6, entitled “Service of Documents”.’

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33 Bedford Row, 16th March 2025

Source: www.33bedfordrow.co.uk

Ship Arrest to enforce an Arbitral Award? Article by Dr. Arun Kasi – 4-5 Gray’s Inn Square

Posted March 19th, 2025 in arbitration, chambers articles, charterparties, enforcement, news, ships by tracey

‘Shipping contracts often include an arbitration clause, for example, a voyage charterparty in an amended BIMCO GENCON 1994. When a dispute arises between the parties, say the charterer alleges the cargo was short delivered which the owner denies, the charterer may commence arbitral proceedings to pursue his claim, and might ultimately obtain an award. At the same time, a cargo claim is one within the admiralty jurisdiction of the court, [Sec 20(2) (h) Senior Courts Act 1981] for which the ship (or her sister ship) may be arrested. [Sec 21(4) Senior Courts Act 1981]. Hence, questions of ship arrest come into play at three stages here. First, whether the charterer may arrest the ship before the arbitral proceedings to secure the claim. Second, whether he may arrest the ship during the arbitral proceedings to obtain security. Third, whether he may arrest the ship to enforce an award. This article concerns only the third question; exploring the relationship between admiralty and arbitral awards.’

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4-5 Gray's Inn Square, 17th March 2025

Source: www.4-5.co.uk

Leggett & Others v American International Group UK Limited – 4 New Square

Posted March 19th, 2025 in chambers articles, indemnities, insurance, legal services, news, third parties by tracey

‘In this article, Amanda Savage KC and Ed Grigg analyse the recent High Court decision in Leggett & Others v American International Group UK Limited [2025] EWHC 278 (Comm). The decision repays close reading for professional indemnity lawyers and the insurance market more widely.’

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4 New Square, 10th March 2025

Source: www.4newsquare.com

Fundamental dishonesty: recent lessons – Quarterly Medical Law Review

Posted March 18th, 2025 in cancer, chambers articles, deceit, delay, doctors, medical treatment, negligence, news by tracey

‘This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been required and, in particular, leading to total laryngectomy. The Claimant now breathes through a stoma in her neck and speaks via a valve located in the wall between her trachea and oesophagus.’

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Quarterly Medical Law Review , 17th March 2025

Source: 1corqmlr.com

January and February 2025 Roundup – Football Law

‘A roundup of football law news and decisions from January and February 2025.’

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Football Law, 10th March 2025

Source: www.footballlaw.co.uk

‘I Want to Relinquish my Child for Adoption; Does the Father or my Family Have to Know?’ – Becket Chambers

‘This article will cover the relevant case law for a mother wishing to dispense with the duty to notify the father and/or wider family of a child’s birth and will explore instances where the mother alleges domestic abuse, familial breakdown or significant cultural/religious factors which influence her decision. There are a plethora of reasons for wishing to retain anonymity, and this article is non-exhaustive.’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

Assessing Quantum in Discrimination Cases: An Analysis of the Vento bands – Becket Chambers

‘Claims for discrimination are largely covered by the Equality Act 2010, the two most common forms of discrimination being direct and indirect. Direct discrimination is defined in the Act as one person treating another less favourably than he would others due to a protected characteristic (those characteristics being defined as age, disability, gender reassignment, marriage and civil partnership, religion or belief, sex, sexual orientation or pregnancy and maternity), whilst indirect discrimination is defined as a person applying a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of another. Generally, the primary outcome of discrimination (direct or indirect) is injury to feelings to the person who has been discriminated against.

The question which arises when a claim is made for injury to feelings as a result of discrimination is how damages can be quantified, given its non-tangible nature. How can I make a claim for my feelings being hurt and, if successful, what could I be awarded?’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

Coulda, shoulda, woulda – whether to depart from assimilated EU case law – UK-EU Relations Law

Posted March 14th, 2025 in appeals, brexit, chambers articles, EC law, intellectual property, news, patents by Lily

‘In this blog post Alastair Holder Ross of Monckton Chambers discusses the Court of Appeal’s recent judgment in Merck Serono v Comptroller-General of Patents [2025] EWCA Civ 45, which clarifies the circumstances in which domestic courts will depart from assimilated EU case law post-Brexit.’

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UK-EU Relations Law, 13th March 2025

Source: eurelationslaw.com

Alexander Bunzl and Arran Dowling-Hussey adjudication article – 4-5 Gray’s Inn Square

‘Arran Dowling-Hussey and Alexander Bunzl have written case note BDW Trading Limited v Ardmore Construction Limited [2024] EWHC 3235 (TCC).’

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4-5 Gray's Inn Square, 7th March 2025

Source: www.4-5.co.uk

Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024 – 4-5 Gray’s Inn Square

‘Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024.’

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4-5 Gray's Inn Square, 7th March 2025

Source: www.4-5.co.uk

Sky UK Limited and Mace Limited v Riverstone Managing Agency Limited & Ors [2024] EWCA Civ 1567 – 4-5 Gray’s Inn Square

Posted March 10th, 2025 in appeals, building law, chambers articles, construction industry, insurance, news by tracey

‘Amrit Dhanoa & Arran Dowling-Hussey from 4-5 Gray’s Inn Square Chambers Construction & Engineering Group look at a recent significant Court of Appeal decision on Construction All Risks Insurance.’

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4-5 Gray’s Inn Square, 7th March 2025

Source: www.4-5.co.uk

The Latest Developments in Matrimonial Finance – Becket Chambers

Posted March 7th, 2025 in chambers articles, divorce, financial provision, news by Lily

‘This article highlights some significant developments that impact financial settlements upon divorce. Whether you are a solicitor, barrister, or an individual navigating the complexities of separation, staying informed is crucial. This article provides an updated and legally accurate breakdown of the latest changes, particularly in light of the Law Commission’s Financial Remedies Scoping Report, published on 18 December 2024.’

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Becket Chambers, 3rd March 2025

Source: becket-chambers.co.uk

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

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1 QMLR, 6th March 2025

Source: 1corqmlr.com

No assumption of responsibility after release from police custody: Dobson v Leicestershire Police – 12 KBW

‘In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB), HHJ Bird examined whether the police had assumed responsibility for the wellbeing of a person released from custody. The court held that there was no assumption of responsibility, and the claim failed. Alexander Cornelius, pupil barrister at 12KBW, analyses the reasoning and parties’ choice of expert evidence.’

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12 KBW, 5th March 2025

Source: pilawblog.com

Insolvency Appeals from this Winter period: a cold start but some good news for judgment creditors – 3 Paper Buildings

Posted March 6th, 2025 in appeals, bankruptcy, chambers articles, insolvency, news, Supreme Court by tracey

‘Rebecca Farrell, specialist commercial and insolvency barrister at 3PB, has written an article exploring three recent Insolvency Appeals and their potential impact.’

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3 Paper Buildings, 28th February 2025

Source: www.3pb.co.uk

Disentangling symptoms and their causes – Quarterly Medical Law Review

Posted March 4th, 2025 in causation, chambers articles, hospitals, medical treatment, negligence, news by tracey

‘Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB). In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted in the Claimant suffering from a deep vein thrombosis (DVT) and post thrombotic syndrome (PTS). There was no dispute that the DVT and PTS were caused by the Defendant’s negligent failure to administer Clexane. After the surgery, it was also clear the Claimant may have also been suffering from symptoms indicative of complex regional pain syndrome (CRPS). Consequently, in 2018, the Claimant had her left leg amputated.’

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Quarterly Medical Law Review, 3rd March 2025

Source: 1corqmlr.com

Court orders ‘short sharp mediation’ – ‘capable of cracking even the hardest nuts’ – Doughty Street Chambers

‘In DKH and Others v City Football Group Limited [2024] EWHC 3231 (Ch), heard in November 20204, the court made an order that the parties mediate. The case involved a trade mark dispute between a fashion brand and a football club about branding on professional sports players’ kit. The Claimants sought an order for compulsory mediation before the trial. The order made by the court – and its outcome – is perhaps a significant example of the growing obligations on the court to encourage settlement confirmed by virtue of changes to the Civil Procedure Rules, effective from 1 October 2024. The arguments marshalled by the parties were likely representative of the sort of issues raised in past and future cases.’

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Doughty Street Chambers, 26th February 2025

Source: insights.doughtystreet.co.uk