Ban for office manager who used client money to prop up firm – Legal Futures

‘The Solicitors Regulation Authority (SRA) has imposed a control order on a law firm’s office manager who took money from client account to pay wages and “prop” up the practice.’

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Legal Futures, 21st June 2024

Source: www.legalfutures.co.uk

The meaning of ‘anti-social behaviour’ – Local Government Lawyer

‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Double Trouble – Local Government Lawyer

Posted June 21st, 2024 in construction industry, dispute resolution, local government, news by michael

‘In the case of Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC), the Court decided that a party can pursue both a smash & grab adjudication and, in the alternative, a true valuation in the same adjudication. The adjudicator will have jurisdiction to consider both arguments if they relate to one dispute i.e. the payment sum.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal provides clarity on interpretation of double tax treaty provisions – OUT-LAW.com

Posted June 21st, 2024 in HM Revenue & Customs, interpretation, news, tax avoidance, taxation, tribunals by michael

‘A recent UK Upper Tribunal decision reaffirms the principles governing the application of double tax conventions and provides clarity on the interpretation of treaty provisions aimed at preventing tax avoidance, an expert has said.’

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OUT-LAW.com, 19th June 2024

Source: www.pinsentmasons.com

Royal Mail owner faces £900m class action claim for ‘abusing dominant position’ – The Guardian

Posted June 21st, 2024 in class actions, competition, damages, news, postal service by michael

‘International Distribution Services (IDS) has been served with an £878m action by a newly formed company that said it represents an estimated 290,000 customers who claim they were overcharged as a result of Royal Mail’s behaviour.’

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The Guardian, 20th June 2024

Source: www.theguardian.com

As a teenager, John was jailed for assaulting someone and stealing their bike. That was 17 years ago – will he ever be released? – The Guardian

Posted June 21st, 2024 in criminal justice, imprisonment, mental health, news, prisons, sentencing by michael

‘Indeterminate sentences are devastating to mental health, but prisoners with mental illness are less likely to be released. The result is a vicious cycle whereby the most vulnerable inmates often have the least chance of getting out – as John’s case shows.’

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The Guardian, 21st June 2024

Source: www.theguardian.com

Chief constable found guilty of gross misconduct – BBC News

‘The chief constable of Northamptonshire Police has been found guilty of gross misconduct.’

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BBC News, 21st June 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 20th, 2024 in law reports by sally

Supreme Court

Finch (Weald Action Group), R. (on the application of) v Surrey County Council & Ors [2024] UKSC 20 (20 June 2024)

Mueen-Uddin v Secretary of State for the Home Departments [2024] UKSC 21 (20 June 2024)

Court of Appeal (Civil Division)

D and A (Fact-Finding : Research Literature) [2024] EWCA Civ 663 (19 June 2024)

Clark & Anor v Chief Constable of Derbyshire Constabulary & Ors [2024] EWCA Civ 676 (19 June 2024)

Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Ltd [2024] EWCA Civ 639 (18 June 2024)

High Court (Administrative Court)

Donald, R. (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1492 (Admin) (19 June 2024)

Stojcevic v County Court Of Osijek, Croatia [2024] EWHC 1477 (Admin) (18 June 2024)

High Court (Chancery Division)

Uconinvest LLC v Jysan Holding LLC & Ors (Re Jusan Technologies Ltd) [2024] EWHC 1532 (Ch) (20 June 2024)

The Lakes Distillery Company PLC, In the Matter Of (Re Companies Act 2006) [2024] EWHC 1535 (Ch) (20 June 2024)

SwissIndependent Trustees SA v Sofer & Ors [2024] EWHC 1543 (Ch) (20 June 2024)

29 Buckland Crescent Management Company Ltd v White [2024] EWHC 1480 (Ch) (19 June 2024)

High Court (Commercial Court)

Terna Energy Trading doo v Revolut Ltd (Re Consequential Matters) [2024] EWHC 1524 (Comm) (18 June 2024)

High Court (Family Division)

BR v SN [2024] EWHC 1512 (Fam) (13 June 2024)

High Court (Patents Court)

Salts Healthcare Ltd v Pelican Healthcare Ltd [2024] EWHC 1539 (Pat) (20 June 2024)

High Court (King’s Bench Division)

Prospect v Evans [2024] EWHC 1533 (KB) (20 June 2024)

Abram & Ors v Union des Associations Europeennes de Football & Anor [2024] EWHC 1518 (KB) (18 June 2024)

LN v Blackpool Teaching Hospitals NHS Foundation Trust [2024] EWHC 1478 (KB) (18 June 2024)

Source: www.bailii.org

Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

Full Story

Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

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

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

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Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

Full Story

The Guardian, 19th June 2024

Source: www.theguardian.com

Gang made millions selling fake Xanax pills on dark web – BBC News

‘A drugs gang produced millions of counterfeit Xanax pills in garden sheds and garages, selling them to customers across the UK and US.’

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BBC News, 19th June 2024

Source: www.bbc.co.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

Full Story

Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

Full Story

BBC News, 20th June 2024

Source: www.bbc.co.uk

Judge rejects housing claim brought by refugee against council and Home Secretary – Local Government Lawyer

‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’

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Local Government Lawyer, 19th June 2024

Source: www.localgovernmentlawyer.co.uk

Solicitor fired after announcing pregnancy awarded £26k damages – Legal Futures

‘A solicitor has been awarded damages of £26,475 after her law firm withdrew an offer of promotion and four weeks later summarily dismissed her because she was pregnant’

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Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Finance Act 2024 – new lump sum rules – Pensions Barrister

Posted June 20th, 2024 in income tax, news, pensions by sally

‘Philip Simpson KC and Rebecca Sheldon of Old Square Tax Chambers have written an article on the new lump sum rules, and in particular the rules on pension commencement lump sums.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

The meaning of ‘deliberately absent’ – Law Society’s Gazette

‘In extradition proceedings, questions may arise relating to the requested person’s purported deliberate absence from a criminal trial. In March, the UK Supreme Court (UKSC) handed down two decisions which clarify important tests to be met in these circumstances.’

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Law Society's Gazette, 14th June 2024

Source: www.lawgazette.co.uk

Vos: AI will redefine contours of professional negligence – Legal Futures

Posted June 20th, 2024 in artificial intelligence, legal profession, negligence, news by sally

‘Professional negligence lawyers need to grapple with the question of whether it is negligent to use – or not to use – artificial intelligence (AI), the Master of the Rolls has said.’

Full Story

Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk