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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

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

Mental capacity, end of life care and religion: MR & Ors – Law & Religion UK

Posted March 2nd, 2022 in care homes, Court of Protection, Judaism, local government, news by sally

‘In London Borough of X v MR & Ors [2022] EWCOP 1, MR, aged 86, was living with dementia and was expected to die at some time between the spring of 2022 and the spring of 2024. He had been discharged from hospital to CC Nursing Home during the first COVID emergency, where he was held under a standard Deprivation of Liberty issued by the local authority. The sole issue before the Court was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home.’

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Law & Religion UK, 2nd March 2022

Source: lawandreligionuk.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

James Milton: The Antiquity of Anonymous Pairing – UK Constitutional Law Association

Posted February 2nd, 2022 in constitutional law, news, parliament by sally

‘Recently, online debates have emerged about the usefulness of the website TheyWorkForYou (TWFY), a tool which provides people with a view into the voting records of Members of Parliament. Articles and blog posts have rightly detailed the oversimplification of providing a snapshot of members’ votes, which does not make clear the nuance of particular motivations behind votes, or the context in which those votes take place (for example, Opposition Day motions or whipping strategies). However, there is a deeper problem which underlies the structure of voting in the Westminster Parliamentary System; the informal agreement of pairing.’

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UK Constitutional Law Association, 2nd February 2022

Source: ukconstitutionallaw.org

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

Should We All Have The Right To Die On Our Own Terms? – Each Other

Posted January 20th, 2022 in assisted suicide, bills, disabled persons, euthanasia, news by tracey

‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’

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Each Other, 20th January 2022

Source: eachother.org.uk

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

Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog

Posted January 20th, 2022 in child abuse, news, sexual offences, sport, vicarious liability by tracey

‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’

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UK Human Rights Blog, 19th January 2022

Source: ukhumanrightsblog.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

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

David Fuller jailed for murder of two women and abuse of over 100 corpses – The Guardian

Posted December 16th, 2021 in guilty pleas, hospitals, murder, news, sentencing by sally

‘A man who murdered two women then used a hospital job to prey like a “vulture” on more than 100 dead women in a mortuary, whose bodies he sexually assaulted, has been told by a judge he will die in jail.’

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The Guardian, 15th December 2021

Source: www.theguardian.com

UK competition watchdog orders Facebook owner to sell gif website Giphy – The Guardian

Posted December 1st, 2021 in advertising, competition, internet, news, ombudsmen by sally

‘Facebook parent company Meta has been ordered by the UK competition watchdog to sell the gif creation website Giphy, the first time the regulator has moved to block a deal struck by one of the Silicon Valley giants.’

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The Guardian, 30th November 2021

Source: www.theguardian.com

Jersey approves assisted dying in principle in first for Britain – The Independent

Posted November 26th, 2021 in assisted suicide, Jersey, news by tracey

‘Jersey looks set to become the first place in Britain to approve assisted dying after a landmark vote by the island’s States Assembly. Law-makers supported a proposal that people should, in principle, be allowed to choose to die.’

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The Independent, 25th November 2021

Source: www.independent.co.uk

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