“It all happened so long ago…” – Pensions Barrister

Posted December 12th, 2024 in chambers articles, documents, evidence, news, pensions by sally

‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’

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Pensions Barrister, 11th December 2024

Source: www.pensionsbarrister.com

Understanding Customs Duty and VAT Compliance Through Tribunal Cases – 33 Bedford Row

Posted December 10th, 2024 in chambers articles, customs and excise, HM Revenue & Customs, news, taxation, VAT by tracey

‘The three cases below provide valuable insights into the complexities of customs regulations and the importance of meticulous compliance. They underscore the need for businesses to adopt robust compliance mechanisms to prevent errors and fraud, while also highlighting the importance of a balanced approach in customs enforcement to ensure that penalties are commensurate with the nature and impact of non-compliance.’

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33 Bedford Row, 4th December 2024

Source: www.33bedfordrow.co.uk

Digital Forensics within the Criminal Justice System – 25 Bedford Row

‘Rare is the case that does not feature some aspect of digital technology. The House of Lords Science and Technology Select Committee identified that “Digital evidence is now a key component in many criminal trials…[estimating that]…90% of crime has a digital element, in the broadest sense…” Digital forensic evidence is critical in the course of all manner of criminal cases – from online fraud, stalking via social media, in cases where an offence is captured on CCTV, or where the prosecution of a case is reliant on cell site analysis.’

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25 Bedford Row, 3rd December 2024

Source: www.25bedfordrow.com

Domestic Abuse Protection Order Pilot Scheme – 25 Bedford Row

‘As of 27 November 2024, Domestic Abuse Protection Orders (“DAPOs”) are being piloted in Greater Manchester, parts of South London (Croydon, Bromley, and Sutton) and the British Transport Police.’

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25 Bedford Row, 10th December 2024

Source: www.25bedfordrow.com

Is the right to a fair trial secure under the FA’s Whole Game System? – 7BR

Posted December 10th, 2024 in chambers articles, disciplinary procedures, news, sport, trials by tracey

‘The recent decision of an FA Appeal Board in Craig Walton v Birmingham County FA (“Walton“) [1], wherein this author represented the appellant, raises several questions of procedural fairness and natural justice.’

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7BR, 6th December 2024

Source: www.7br.co.uk

Trust Disputes, Grosskopf v Grosskopf: Light At End of Arbitral Tunnel? – 4-5 Gray’s Inn Square

Posted December 10th, 2024 in arbitration, chambers articles, news, trusts by tracey

‘Boris Lazic & Arran Dowling-Hussey look at the extent to which trust disputes can be subject to arbitration after the recent decision in Grosskopf v Grosskopf ([2024] EWHC 291 (Ch).’

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4-5 Gray’s Inn Square, 6th December 2024

Source: www.4-5.co.uk

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Anonymity orders: putting the genie back in the bottle? – Quarterly Medical Law Review

Posted December 5th, 2024 in anonymity, chambers articles, civil procedure rules, hospitals, negligence, news by tracey

‘PMC -v- A Local Health Board [2024] EWHC 2969 (KB). Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions.’

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Quarterly Medical Law Review, 3rd December 2024

Source: 1corqmlr.com

High Court rejects the existence of a shareholder’s right to inspect privileged company documents: Aabar Holdings S.à.r.l. v Glencore Plc & Other – 4 New Square

Posted December 5th, 2024 in chambers articles, documents, news, privilege, shareholders by tracey

‘In this article, 4 New Square’s Shail Patel KC and Ed Grigg consider the High Court’s recent decision in Aabar Holdings S.à.r.l. v Glencore Plc & Others [2024] EWHC 3046 (Comm), which considered the right of a company to assert privilege, in various circumstances, against its own shareholders.’

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4 New Square, 4th December 2024

Source: www.4newsquare.com

Court of Appeal allows appeal concerning amenability to judicial review of decision by adjudicator – 39 Essex Chambers

’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

No wasted costs after fundamental dishonesty: Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) – 12 King’s Bench Walk

Posted December 4th, 2024 in chambers articles, fundamental dishonesty, news, wasted costs orders by tracey

‘In this blog Megan Griffiths reviews the Defendant’s failed application for wasted costs after securing a finding of fundamental dishonesty in Williams-Henry [2024] EWHC 2415.’

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12 King’s Bench Walk , 26th November 2024

Source: 12kbw.co.uk

Navigating assisted dying in clinical practice: regulatory issues for doctors – Kingsley Napley Regulatory Blog

Posted November 27th, 2024 in assisted suicide, bills, chambers articles, doctors, health, news, suicide by sally

‘The proposed Assisted Dying for Terminally Ill Adults Bill, which seeks to permit assisted dying under specific conditions, could have significant implications for medical practitioners.’

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Kingsley Napley Regulatory Blog, 26th November 2024

Source: www.kingsleynapley.co.uk

Balancing Open Justice and Privacy: A Case Study on Taxpayer Anonymity in the Upper Tribunal – 33 Bedford Row

‘HMRC v The Taxpayer (Appellant) and Times Media Limtied and News Group Newspapers Limited and PA Media Tax Policy Associates Limited (Third Parties) [2024] UKUT 00364 (TCC). This case concerns an application for taxpayer anonymity in the Upper Tribunal (Tax and Chancery Chamber). The taxpayer, who had initially appealed against HMRC’s denial of certain tax deductions, sought to keep their identity confidential during the proceedings and in the final decision. This request was opposed by HMRC and several media organizations, including Times Media Limited and News Group Newspapers Limited.’

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33 Bedford Row, 22nd November 2024

Source: www.33bedfordrow.co.uk

An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers

‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’

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Doughty Street Chambers, 11th October 2024

Source: insights.doughtystreet.co.uk

Extracting Informed Consent – Quarterly Medical Law Review

Posted November 19th, 2024 in causation, chambers articles, consent, dentists, medical treatment, news by tracey

‘Winterbotham v Shahrak [2024] EWHC 2633 (KB). In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was referred to the Defendant’s practice.’

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Quarterly Medical Law Review, 18th November 2024

Source: 1corqmlr.com

Privilege series part 1: Privilege in shareholder disputes – is change afoot? – Kingsley Napley Immigration Blog

Posted November 15th, 2024 in chambers articles, dispute resolution, news, privilege, shareholders by sally

‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’

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Kingsley Napley Immigration Blog, 14th November 2024

Source: www.kingsleynapley.co.uk

Some issues in the law of adverse possession: The problem of multiple squatters – Falcon Chambers

Posted November 15th, 2024 in adverse possession, chambers articles, news, squatting by sally

‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’

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Falcon Chambers, 31st October 2024

Source: www.falcon-chambers.com

A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Mental Capacity Report – November 2024 – 39 Essex Chambers

‘Mental Capacity Report – November 2024’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com