Climate Change must be counted – 4-5 Gray’s Inn Square

‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’

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4-5 Gray’s Inn Square, 25th June 2024

Source: www.4-5.co.uk

Tackling the regulation of sexually explicit deepfakes – Kingsley Napley Criminal Law Blog

‘Artificial intelligence, and its use on social media, is making it continuously harder to distinguish between real and fake information online. Although fact checking is often required when considering written or spoken words, with the advent of so-called “deepfakes”, we now also need to fact check some of the images or videos we see online.’

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Kingsley Napley Criminal Law Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

The Post Office Horizon scandal and the role of prosecutors – Mills & Reeve

‘Largely thanks to the prime-time ITV dramatization, the Post Office Horizon scandal has brought to light the serious shortcomings in the way the Post Office handled the private prosecution of sub-postmasters. Whilst this has shocked the nation, unfortunately the actions of the Post Office in its role as prosecutor comes as no surprise for those with experience of public prosecutors.’

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Mills & Reeve, 26th June 2024

Source: www.mills-reeve.com

The curious case of Brown v Ridley and Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 – Tanfield Chambers

Posted June 27th, 2024 in adverse possession, chambers articles, land registration, news by sally

‘Daniel Dovar considers the decision in Brown v Ridley [2024] UKUT 14 (LC) and the crucial nature of the timing of an application for adverse possession under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002.’

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Tanfield Chambers, 30th May 2023

Source: www.tanfieldchambers.co.uk

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

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Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court allows Mueen-Uddin appeal – 5RB

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

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5RB, 20th June 2024

Source: www.5rb.com

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by sally

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

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2 Hare Court, 20th June 2024

Source: www.2harecourt.com

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

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Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

A view from the Bar: Agricultural Landlord and Tenant Code of Practice for England – practical considerations for litigators – Tanfield Chambers

‘The Agricultural Landlord and Tenant Code of Practice for England was launched on the 8 April 2024, and has been endorsed by numerous organisations across the agricultural sector. Whilst the Code will be of interest to all of those involved with agricultural tenancies, this article, written by Annie Higgo, focuses in particular on the predicted areas of impact that the Code will have for litigators.’

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Tanfield Chambers, 20th May 2024

Source: www.tanfieldchambers.co.uk

Court of Appeal rules on construction of securities linked to Argentina’s gross domestic product – 39 Essex Chambers

Posted June 18th, 2024 in chambers articles, contracts, debts, interpretation, news by sally

‘On 12 June 2024, the Court of Appeal gave judgment in Palladian Partners LP v The Republic of Argentina [2024] EWCA Civ 641, dismissing Argentina’s appeal against a judgment of Picken J ([2023] EWHC 711 (Comm)) which awarded €1.33bn to institutional and corporate holders of certain Euro-denominated debt securities linked to Argentina’s GDP (“the Securities”) under which Argentina had failed to make payment.’

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39 Essex Chambers, 14th June 2024

Source: www.39essex.com

Stalking and harassment: beyond baby reindeer – 7BR

Posted June 18th, 2024 in chambers articles, harassment, news, stalking by sally

‘This article briefly explains the law concerning the criminal offences of stalking and harassment, considers the definition of these offences, and highlights some relevant recent cases.’

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7BR, 10th June 2024

Source: www.7br.co.uk

“Can I get my Rolex back?” – the Seizure and Forfeiture of Listed Assets – Mountford Chambers

Posted June 18th, 2024 in chambers articles, forfeiture, news, proceeds of crime, search & seizure by sally

‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’

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Mountford Chambers, 22nd May 2024

Source: www.mountfordchambers.com

More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

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Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

Prosecution bail appeals – what could possibly go wrong? – Mountford Chambers

Posted June 17th, 2024 in appeals, bail, chambers articles, news by sally

‘Grace Khaile considers two recent High Court judgments on the procedure of prosecution appeals against bail.’

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Mountford Chambers, 13th May 2024

Source: www.mountfordchambers.com

Criminal Behaviour Orders: is sentence the end? – Mountford Chambers

‘Aside from the confiscation regime, the reality is that for most defendants before the criminal courts, the day of reckoning, the day of sentence, is final. Not so for defendants facing the possibility of ancillary orders; Criminal Behaviour Orders, Stalking Protection Orders, Football Bannings Order; the list goes on. Are these orders no more than what is necessary in a fair and just society to protect the many from the few, or are we simply applying a vengeful mark of Cain on those who have already, by virtue of their sentence, paid their dues to society?’

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Mountford Chambers, 13th May 2024

Source: www.mountfordchambers.com

Home Office’s failure to collect and monitor data on asylum accommodation for pregnant and new mothers held to be unlawful – Landmark Chambers

‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk