Sufficiency of directions in cases involving delay and prejudicial material: Dutta v GMC [2024] EWHC (Admin) 1217 – 2 Hare Court

Posted September 11th, 2024 in appeals, chambers articles, coronavirus, delay, evidence, news, tribunals by tracey

‘Dutta is a well-known name in professional discipline. In this more recent Dutta the High Court upheld certain grounds of appeal in relation to facts found by the MPT and remitted the matter back. However, the High Court rejected grounds which related to delay and the admissibility of evidence.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Costs in Regulatory Proceedings: Solicitors’ Regulatory Authority v Tsang [2024] EWHC 1150 (KB) (Admin) – 2 Hare Court

‘The courts has consistently maintained that in order to ensure that Regulators maintain their statutory obligation to protect the public, costs should not simply be awarded against them unless specific circumstances apply. In the recent judgment of Solicitors’ Regulatory Authority v Tsang Eyre J reviewed the relevant authorities and once again confirmed the position.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Private FDRs – what are they and are they really worth it? – Becket Chambers

Posted September 5th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by sally

‘Any litigation involving your own family is undoubtedly very stressful. Add to the mix a long drawn out expensive process and the stress factors are compounded even more.’

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Becket Chambers, 30th August 2024

Source: becket-chambers.co.uk

Some aspects of the law of forfeiture – St Philips Chambers

Posted September 5th, 2024 in chambers articles, forfeiture, landlord & tenant, leases, local government, news by sally

‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’

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St Philips Barristers, 15th August 2024

Source: st-philips.com

Is cash king? The fundamental shift in retail banking, the FCA’s concerns and approach – Mountford Chambers

‘Fatima Jama explores the FCA’s new regulatory regime requiring banks and building societies designated by the Government to assess and fill gaps, or potential gaps, in cash access provision that significantly impact consumers and businesses.’ 

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Mountford Chambers, 5th August 2024

Source: www.mountfordchambers.com

Amber Valley Borough Council v Haytop Country Park Ltd [2024] UKUT 237 (LC) – No. 5 Barristers Chambers

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Richard Kimblin KC appeared for the appellant Borough Council.’

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No. 5 Barristers Chambers, 30th August 2024

Source: www.no5.com

Supreme Court hands down significant judgment on statutory interpretation and the “right to manage” regime – Landmark Chambers

‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’

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Landmark Chambers, 16th August 2024

Source: landmarkchambers.co.uk

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Derivative residence rights and the EU Settlement Scheme – Doughty Street Chambers

Posted September 5th, 2024 in brexit, carers, chambers articles, EC law, immigration, judicial review, news by sally

‘On 30 July 2024, the Court of Appeal refused the claimants permission to appeal against the judgment of Mr Justice Eyre R(Akinsanya and Aning-Adjei) v SSHD [2024] EWHC 469 (Admin). The Court’s decision closes a significant chapter in the long-running litigation on the route to settlement for Zambrano carers under the EU Settlement Scheme. This article is aimed at helping those affected and their advisers to understand the latest judgment and consider what if anything they can do next to hasten their path to settlement.’

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Doughty Street Chambers, 28th August 2024

Source: insights.doughtystreet.co.uk

Assets in Limbo: Russia Sanctions and the Saga of Intestate Estate – Becket Chambers

Posted September 5th, 2024 in chambers articles, intestacy, news, Russia, sanctions by sally

‘In response to Russia’s annexation of Crimea and its activities in Ukraine, a series of complex sanctions were imposed by the European Union. These sanctions were codified in instruments such as the Russia (Sanctions) (EU Exit) Regulations 2019. The legal framework of these sanctions includes extensive provisions for asset freezing, prohibitions on financial transactions, and restrictions on access to international markets.’

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Becket Chambers, 1st August 2024

Source: becket-chambers.co.uk

AI and Online Harms – 39 Essex Chambers

‘In this episode Katherine Apps KC discusses online safety and online harms with Jessica Zucker, Director in the Online Safety Group at OFCOM, the UK’s communications regulator.’

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39 Essex Chambers, 2nd September 2024

Source: www.39essex.com

Financial Remedies – Non Matrimonial Property – 33 Bedford Row

‘Financial Remedies – Non Matrimonial Property.’

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33 Bedford Row, 2nd September 2024

Source: www.33bedfordrow.co.uk

Travel & Aviation Bulletin – Summer 2024 – 3 Hare Court

Posted September 4th, 2024 in aircraft, chambers articles, damages, expert witnesses, holidays, negligence, news by tracey

‘Welcome to the Summer 2024 issue of our Travel & Aviation Bulletin, edited by Christopher Loxton. Whether you’re mourning the end of your summer holidays, or longing for the start of them, we hope this latest issue will provide some welcomed insights relevant to travel and aviation practitioners alike. From the termination of package holidays, to the jurisdictional challenge in the proceedings concerning aircraft detained in Russia, to relief from sanctions and expert evidence, to the contributory negligence and the limits on damages under Montreal Convention, we hope there is something in here for everyone.’

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3 Hare Court, 21st August 2024

Source: www.3harecourt.com

Sophia Stapleton explores and explains orders made under Section 91(14): Protection from further applications under the Children Act 1989 – 2DRJ

Posted September 4th, 2024 in chambers articles, children, domestic violence, families, family courts, news by tracey

‘A section 91(14) order is also sometimes known as a ‘barring order’, but this is misleading. Orders made under section 91(14) of the Children Act 1989 stop a named person from making any application under the Children Act 1989 without the court’s permission.’

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2DRJ, 3rd September 2024

Source: www.2drj.com

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

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St Philips Barristers, 1st August 2024

Source: st-philips.com

The recent sentencing of climate protestors – Six Pump Court

‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’

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Six Pump Court, 9th August 2024

Source: 6pumpcourt.co.uk

Family Law Newsletter – August 2024 – Spire Barristers

Posted September 2nd, 2024 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter – August 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 19th August 2024

Source: www.spirebarristers.co.uk

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

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Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

Club Property Problems – Parklane Plowden Chambers

Posted August 22nd, 2024 in chambers articles, clubs, news, trusts, unincorporated associations by sally

‘Unincorporated associations (which include clubs and associations) are extremely varied and range from barristers’ chambers, which are commercial in nature, to party political associations and working mens clubs, which are directed towards improving the lives of their members and the larger community. No specific statute applies to unincorporated associations. The general law of trusts and property does.’

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Parklane Plowden Chambers, 29th July 2024

Source: www.parklaneplowden.co.uk