In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

Financial Fair Play in the Premier League – Everton and Nottingham Forest – 12 King’s Bench Walk

Posted April 30th, 2024 in chambers articles, financial regulation, news, sport by sally

‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’

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12 King's Bench Walk, 4th April 2024

Source: 12kbw.co.uk

New Act – legislation.gov.uk

Posted April 30th, 2024 in legislation by sally

2024 c. 9 – Investigatory Powers (Amendment) Act 2024

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2024 in legislation by sally

SI 2024/575 – The National Health Service (Primary Medical Services and Performers Lists) (Amendment) Regulations 2024

SI 2024/567 – The Veterinary Medicines (Amendment etc.) Regulations 2024

Source: www.legislation.gov.uk

Pension Ombudsman highlights importance of clear fee information – OUT-LAW.com

Posted April 30th, 2024 in fees, news, ombudsmen, pensions by sally

‘A recent UK Pension Ombudsman (PO) case flags the importance of pension firms providing clear and accurate fee information to savers from the outset. However, the case highlights that it is not the PO’s role to decide whether fees charged are reasonable or fair.’

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OUT-LAW.com, 29th April 2024

Source: www.pinsentmasons.com

Ministers hold fire over retrospective effect of litigation funding bill – Legal Futures

Posted April 30th, 2024 in agreements, champerty, news, retrospectivity, Supreme Court by sally

‘The government is still considering concerns expressed about the retrospective effect of the bill to overturn last year’s Supreme Court ruling in PACCAR, a minister said yesterday.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Court allows firm to take £386k in fees from frozen client account – Legal Futures

Posted April 30th, 2024 in client accounts, debts, fees, freezing injunctions, law firms, news, third parties by sally

‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette

Posted April 30th, 2024 in dispute resolution, families, family courts, news, regulations by sally

‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’

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Law Society's Gazette, 29th April 2024

Source: www.lawgazette.co.uk

In depth: In conversation with the head of the GLD – Law Society’s Gazette

Posted April 30th, 2024 in government departments, legal profession, news, remuneration by sally

‘As the Government Legal Department unveils its three-year business strategy, Treasury solicitor Susanna McGibbon expands on its goals of becoming a national GLD while offering rewarding careers.’

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Law Society's Gazette, 30th April 2024

Source: www.lawgazette.co.uk

Prisoner facing deportation had lack of care plan – BBC News

Posted April 30th, 2024 in deportation, imprisonment, mental health, news, ombudsmen, self-harm, suicide by sally

‘A prisoner facing deportation to Lithuania was segregated for 52 days with no care plan before his suicide, an investigation found. Karolis Baltrunas, 31, was found to have taken his own life on 27 August 2020 at HMP The Mount in Hertfordshire, according to the Local Democracy Reporting Service, external.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk

Newport loan shark, 83, ordered to repay £173,000 – BBC News

‘An 83-year-old loan shark has been ordered to pay more than £173,000.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk

Met Police officer who punched medical worker after mistaking him for suspect avoids jail – The Independent

Posted April 30th, 2024 in assault, London, news, police, sentencing, suspended sentences by sally

‘A serving Metropolitan Police officer who assaulted an innocent man after mistaking him for a criminal has been spared jail.’

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The Independent, 29th April 2024

Source: www.independent.co.uk

‘Indefensible’: UK prisoner jailed for 23 months killed himself after being held for 17 years – The Guardian

Posted April 30th, 2024 in assault, coroners, grievous bodily harm, imprisonment, news, sentencing, suicide by sally

‘A senior coroner has condemned the “inhumane” and “indefensible” treatment of a man who killed himself 17 years into an indefinite prison sentence. Tom Osborne, the senior coroner for Milton Keynes, said Scott Rider had given up all hope of release before he took his own life at HMP Woodhill in June 2022.’

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The Guardian, 28th April 2024

Source: www.theguardian.com

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

AI and Climate Change – 39 Essex Chambers

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by sally

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

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Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by sally

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

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OUT-LAW.com, 26th April 2024

Source: www.pinsentmasons.com

Anti-suit injunction issued by English court to halt Russian proceedings – OUT-LAW.com

Posted April 29th, 2024 in appeals, injunctions, jurisdiction, news, Russia, sanctions, Supreme Court, Ukraine, war by sally

‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’

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OUT-LAW.com, 23rd April 2024

Source: www.pinsentmasons.com

Government backs amendment to better protect victims’ counselling records – Ministry of Justice

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

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Ministry of Justice, 23rd April 2024

Source: www.gov.uk

Investigatory powers enhanced to keep people safer – Home Office

Posted April 29th, 2024 in government departments, investigatory powers, news, police by sally

‘New laws to protect our citizens from threats such as terrorism and child sexual abuse have been passed as part of an update to the Investigatory Powers Act 2016.’

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Home Office, 25th April 2024

Source: www.gov.uk