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HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

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OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

Employers can take action against striking workers, Court of Appeal decides – OUT-LAW.com

‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’

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OUT-LAW.com, 29th March 2022

Source: www.pinsentmasons.com

Court of Appeal issues reminder that funding arrangements need to comply with strict rules – OUT-LAW.com

Posted March 28th, 2022 in appeals, assignment, champerty, damages, law firms, news, solicitors by tracey

‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’

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OUT-LAW.com, 25th March 2022

Source: www.pinsentmasons.com

UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell – OUT-LAW.com

Posted March 22nd, 2022 in charities, climate change, company directors, derivative claims, energy, news by tracey

‘UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell.’

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OUT-LAW.com, 18th March 2022

Source: www.pinsentmasons.com

Trade mark dispute provides lessons on costs, confusion and consent – OUT-LAW.com

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by tracey

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

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OUT-LAW.com, 17th March 2022

Source: www.pinsentmasons.com

Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent

Posted March 10th, 2022 in burials and cremation, news, personal injuries, psychiatric damage, widows by tracey

‘Kathleen Walsham is suing funeral giant Dignity for psychological personal injury after she claims she was told in 2016 that her husband’s remains had been buried 10 miles away in Essex.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

UK introduces new safety rules for enclosed spaces aboard ships – OUT-LAW.com

Posted March 9th, 2022 in health & safety, news, ships by sally

‘The UK government has introduced new regulations which for the first time clearly define ‘enclosed spaces’ aboard merchant shipping and fishing vessels, and set out safety rules governing those spaces.’

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OUT-LAW.com, 8th March 2022

Source: www.pinsentmasons.com

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

The director of an English mobile phone company, now in liquidation, has been held liable for both fraudulent trading and misfeasance for participation in missing trader intra-community (MTIC) VAT fraud. – OUT-LAW.com

‘The High Court upheld an application made by the liquidator of JD Group Ltd (“the company”) claiming that Deepak Bhatia, the company director, was engaged in fraudulent trading owing to knowledge that the company was associated with VAT fraud. Judge Agnello QC found that the manner in which the respective transactions were carried out provided clear evidence of this knowledge and that Bhatia’s conduct was dishonest in accordance with the objective standards of ordinary decent people.’

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OUT-LAW.com, 3rd March 2022

Source: www.pinsentmasons.com

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

Expect forward-looking UK corporate tax reform in coming months – OUT-LAW.com

Posted February 18th, 2022 in consultations, corporation tax, government departments, news, taxation by sally

‘This year may finally provide the UK chancellor of the exchequer, Rishi Sunak, with an opportunity to develop medium to long-term strategic corporate tax policies.’

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OUT-LAW.com, 17th February 2022

Source: www.pinsentmasons.com

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

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OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com

Posted January 20th, 2022 in consultations, health, medicines, news by tracey

‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’

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OUT-LAW.com, 18th January 2022

Source: www.pinsentmasons.com

Class actions in England and Wales – OUT-LAW.com

Posted January 10th, 2022 in civil procedure rules, class actions, competition, news by tracey

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’

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OUT-LAW.com, 7th January 2022

Source: www.pinsentmasons.com

Statutory Instruments – legislation.gov.uk

Posted December 10th, 2021 in legislation by michael

2021/1400 The Health Protection (Coronavirus, Wearing of Face Coverings) (England) (Amendment) Regulations 2021

2021/1399 – The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021

2021/1397 – The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2021

2021/1396 – The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021

2021/1395 – The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021

2021/1394 – The Pension Schemes Act 2021 (Commencement No. 5) Regulations 2021

2021/1389 – The Designation of Freeport Tax Sites (Freeport East) Regulations 2021

2021/1386 – The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021

2021/1385 – The London Capital and Finance Compensation Scheme (Chargeable Gains Exemption) Regulations 2021

2021/1384 – The Power to Award Degrees etc. (The London Institute of Banking & Finance) Order 2021

2021/1382 – The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 5) Regulations 2021

2021/1381 – The Antique Firearms (Amendment) Regulations 2021

2021/1379 – The Coroners (Inquests) (Amendment) Rules 2021

2021/1378 – The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2021

2021/1377 – The Electronic Communications (Universal Service) (Costs) (Amendment) Regulations 2021

2021/1376 – The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021

2021/1375 – The Customs and Value Added Tax (Managed Transition Procedure) (EU Exit) Regulations 2021

2021/1374 – The Statistics of Trade (Customs and Excise) (Modification) Regulations 2021

2021/1373 – The Trade Union Act 2016 (Commencement No. 4 and Transitional) Regulations 2021

2021/1372 – The Mental Health Units (Use of Force) Act 2018 (Commencement No. 2) Regulations 2021

2021/1371 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021

2021/1370 – The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021

2021/1368 – The Food (Promotion and Placement) (England) Regulations 2021

2021/1367 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 22) Regulations 2021

Source: www.legislation.gov.uk

Street preaching and human rights: Overd & Ors – Law & Religion UK

‘In Overd & Ors v The Chief Constable of Avon and Somerset Constabulary [2021] EWHC 3100 (QB), the appellants, Michael Overd, Michael Stockwell Don Karns and Adrian Clark, four evangelical Christians, were arrested at Broadmead shopping centre in Bristol on 6 July 2016 after complaints from members of the public that their street preaching was racist and anti-Islamic and was causing a disturbance. Mr Overd was arrested on suspicion of an offence under s 50 Police Reform Act 2002 and the other three were arrested on suspicion of a racially-aggravated offence under s 5 Public Order Act 1986. They were detained before being released on bail and, ultimately, prosecuted under s 5 of the 1986 Act, but the prosecutions failed.’

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Law & Religion UK, 8th December 2021

Source: lawandreligionuk.com

Burials, groundwater activities and related surface water discharge activities – Law & Religion UK

‘On 29 September, Defra announced a consultation on proposed amendments to the Environmental Permitting (England and Wales) Regulations 2016 as they apply to groundwater activities and some related surface water discharges.’

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Law & Religion UK, 24th November 2021

Source: lawandreligionuk.com

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette

‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk