Insolvency View – New Square Chambers
‘The newsletter features a series of reviews by our insolvency specialists, covering the latest major cases.’
New Square Chambers, 6th February 2020
Source: www.newsquarechambers.co.uk
Category: chambers articles
Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani) – 4 New Square
‘Banking & Finance analysis: Ben Archer, barrister, at 4 New Square, examines a High Court decision that a guarantee given by the first defendant company director to secure the company’s liabilities to the claimant bank was enforceable but a similar guarantee given by the second defendant company director, who was the first defendant’s wife, was not enforceable as her execution of it had resulted from his undue influence.’
4 New Square, 7th February 2020
Source: www.4newsquare.com
The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill
‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’
6KBW College Hill, 11th February 2020
Source: blog.6kbw.com
Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law
‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’
Brexit Law, 11th February 2020
Source: brexit.law
Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers
‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’
Parklane Plowden Chambers, 29th January 2020
Source: www.parklaneplowden.co.uk
VAT on; VAT off: Martial Arts and the Education Exemption – 3PB
‘In the 1984 film Karate Kid, Mr Miyagi admonished Daniel: “I say; you do. No questions”. However, with VAT, there are always questions.’
3PB, 29th January 2020
Source: www.3pb.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’
Six Pump Court, 28th January 2020
Source: www.6pumpcourt.co.uk
For the Love of Money: Exploring the Decision in the Saracens Salary Cap Case – Sports Law Bulletin from Blackstone Chambers
‘In November 2019, an Independent Panel of Premiership Rugby handed down its eagerly anticipated decision concerning the Club’s alleged breaches of the Premiership Rugby Salary Regulations (the “Regulations”), which impose salary caps on elite rugby clubs.’
Sports Law Bulletin from Blackstone Chambers, 29th January 2020
Source: www.sportslawbulletin.org
Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk
‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’
12 King's Bench Walk, 31st January 2020
Source: www.12kbw.co.uk
Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020) – Parklane Plowden Chambers
‘The Claimant sustained serious head injuries when he fell from the back of a vehicle when delivering goods in the course of his employment with the Defendant. The tail lift on the vehicle had been lowered by the Claimant. Shortly afterwards he had either stepped backwards or lost his footing, falling approximately one metre to the ground.’
Parklane Plowden Chambers, 3rd February 2020
Source: www.parklaneplowden.co.uk
What is “persecution” under the Refugee Convention? – Richmond Chambers
‘In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. The UNHCR Handbook notes at paragraph 51 that there is ‘no universally accepted definition of “persecution” and various attempts to formulate such a definition have met with little success’. Persecution has been defined in general terms in R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7, where Nolan J adopted the two dictionary definitions of the word: ‘to pursue, hunt, drive’ and ‘to pursue with malignancy or injurious action; especially to oppress for holding a heretical opinion or belief’. This post will examine the legal parameters of persecution.’
Richmond Chambers, 31st January 2020
Source: immigrationbarrister.co.uk
Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers
‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’
Hardwicke Chambers, 4th February 2020
Source: hardwicke.co.uk
Crown Court (Recording and Broadcasting) Order 2020: Questions We Should Be Asking – KCH Garden Sq
‘When we think of televised court proceedings our minds instantly turn to the catchy maxim – ‘if it doesn’t fit, you must acquit’. Johnnie Cochran’s words, spoken during the defence team’s closing argument of OJ Simpson’s trial, came to embody a sensational trial which was televised over 134 days. And who can forget the footage of OJ, putting on the black gloves and showing his hands to the judge and jury? Then we fast forward to 2016, and the world watched as Oscar Pistorius – Paralympic champion and breaker of glass ceilings – walked across the courtroom on his stumps at his resentencing hearing for the murder of Reeva Steenkamp.’
KCH Garden Sq, 29th January 2020
Source: kchgardensquare.co.uk
Property Newsletter: January 2020 – Hardwicke Chambers
‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’
Hardwicke Chambers, January 2020
Source: hardwicke.co.uk
Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation” – Garden Court Chambers
‘Giving judgment in the case of Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51 on 30 January 2020, the Court of Appeal gave important guidance on when a homeless applicant may be permitted to bring an appeal outside of the 21-day time limit, against a local authority’s decision on his or her homeless application. It rejected a High Court decision which had found that the requirements of bringing a homelessness appeal were not ‘especially sophisticated or taxing’ and therefore there was not a good reason why Mr Al Ahmed could not have issued the appeal as a litigant in person during the time limit.’
Garden Court Chambers, 30th January 2020
Source: www.gardencourtchambers.co.uk
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) – Wilberforce Chambers
‘Following an eight week trial in late 2018, the High Court has handed down judgment finding against the former majority shareholders of Russia’s National Bank Trust who were alleged to have misappropriated over $1billion of Bank funds via a sophisticated network of offshore companies.’
Wilberforce Chambers, 27th January 2020
Source: www.wilberforce.co.uk
Chief Constable of Essex Police v Transport Arendonk BVBA (2020) – St Pauls Chambers
‘A recorder had been correct not to strike out a negligence claim against a police force brought by the owner of cargo stolen from a lorry parked in a secluded lay-by at night while the driver was held at a police station on suspicion of drink driving. The possibility of a duty of care owed by the police was not precluded by statute, and there were no authorities that resolved the issue. The matter needed a full trial of the evidence.’
St Pauls Chambers, 31st January 2020
Source: www.stpaulschambers.com
What is the Shortage Occupation List and why does it make a difference? – Richmond Chambers
‘The Shortage Occupation List sets out jobs in short supply in the UK at large, and Scotland specifically. These jobs can be filled by migrants under the Tier 2 route more easily than others.’
Richmond Chambers, 3rd February 2020
Source: immigrationbarrister.co.uk
Reform of inheritance tax: an update – Wilberforce Chambers
‘Last summer, I wrote a series of articles about the Office of Tax Simplification’s Inheritance Tax review, second report. There has now been a further development, in the form of the report of All-Party Parliamentary Group on Inheritance & Intergenerational Fairness (APPG), published in January 2020, entitled “Reform of inheritance tax”. The APPG was established in February 2019 and its stated purpose is “to examine the impact the current system of inheritance tax is having on members of the public and identify areas of reform and improvement as well as keep under review the issue of intergenerational fairness and bring forward potential solutions to help solve it”. It is one of the organisations which participated in the OTS’s consultation, providing a short paper in May 2019.’
Wilberforce Chambers, 3rd February 2020
Source: www.wilberforce.co.uk
Inquest finds use of Taser by Devon and Cornwall Police contributed to death of Marc Cole when experiencing paranoia – Garden Court Chambers
‘The inquest into the death of Marc Anthony Cole has concluded with the jury finding he died from excess use of cocaine resulting in paranoid and erratic behaviour, with the use of a Taser by Devon and Cornwall Police having a more than trivial impact on Marc going into cardiac arrest. The medical cause of death included the use of cocaine, an episode of altered behaviour including self-harm, excitement, exertion and restraint including the discharge of a TASER X26 device.’
Garden Court Chambers, 30th January 2020
Source: www.gardencourtchambers.co.uk
