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‘Honour-based’ offences soared by 81% in last five years – The Guardian

Posted November 1st, 2021 in domestic violence, families, female genital mutilation, forced marriages, news, rape, sexual offences, statistics, victims by tracey

‘The number of “honour-based” abuse (HBA) offences recorded by English police forces has soared over the past five years, figures suggest. According to data from the 28 out of 39 constabularies that responded to freedom of information (FoI) requests, the number of HBA cases – including offences such as rape, death threats and assault – rose from 884 in 2016 to 1,599 last year, a rise of 81%.’

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The Guardian, 31st October 2021

Source: www.theguardian.com

Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com

Posted October 28th, 2021 in arbitration, artistic works, auctioneers, internet, news by sally

‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s “Abundance” NFT.’

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OUT-LAW.com, 26th October 2021

Source: www.pinsentmasons.com

Building safety regulations give industry clarity ahead of new legislation – OUT-LAW.com

Posted October 22nd, 2021 in bills, building law, construction industry, health & safety, housing, news, regulations by sally

‘The UK government has published several draft regulations designed to give parliamentarians a better idea of how the Building Safety Bill will be implemented.’

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OUT-LAW.com, 21st October 2021

Source: www.pinsentmasons.com

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by tracey

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com

Posted October 6th, 2021 in HM Revenue & Customs, judicial review, jurisdiction, news, taxation, tribunals, VAT by sally

‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’

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OUT-LAW.com, 5th October 2021

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted September 28th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Cornerstone (North East) Adoption and Fostering Services Ltd, R. (On The Application Of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED) [2021] EWHC 2544 (Comm) (24 September 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWCA Civ 1399 (24 September 2021)

Huxtable, R (On the Application Of) v Secretary of State for Justice [2021] EWCA Civ 1394 (23 September 2021)

High Court (Administrative Court)

FF v Secretary of State for the Home Department [2021] EWHC 2566 (Admin) (24 September 2021)

Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin) (23 September 2021)

Wozniak v The Circuit Court In Gniezno, Poland [2021] EWHC 2557 (Admin) (23 September 2021)

High Court (Chancery Division)

Various Claimants v MGN Ltd [2021] EWHC 2519 (Ch) (24 September 2021)

CSB 123 Ltd, Re [2021] EWHC 2506 (Ch) (23 September 2021)

Willow Sports Ltd v Sportslocker24.com Ltd & Anor [2021] EWHC 2524 (Ch) (23 September 2021)

High Court (Commercial Court)

AIG Europe SA & Ors v John Wood Group Plc & Anor [2021] EWHC 2567 (Comm) (24 September 2021)

Lord & Anor v Maven Wealth Group Ltd & Ors [2021] EWHC 2544 (Comm) (24 September 2021)

Euronav NV v Repsol Trading SA (mt MARIA) [2021] EWHC 2565 (Comm) (24 September 2021)

High Court (Family Division)

Birmingham City Council v R & Ors [2021] EWHC 2556 (Fam) (21 September 2021)

High Court (Queen’s Bench Division)

Knights v Townsend Harrison Ltd [2021] EWHC 2563 (QB) (24 September 2021)

Source: www.bailii.org

Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

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OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

UK Supreme Court clarifies scope of ‘lawful act economic duress’ – OUT-LAW.com

Posted September 7th, 2021 in contracts, duress, news, Supreme Court by sally

‘A recent decision by the UK’s highest court has clarified the circumstances in which a party to a commercial contract is entitled to rescind that contract on the grounds of ‘economic duress’ under English law.’

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OUT-LAW.com, 6th September 2021

Source: www.pinsentmasons.com

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

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OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

MoJ: “Strong justification” for increasing 129 court fees – Legal Futures

Posted September 1st, 2021 in consultations, courts, fees, Ministry of Justice, news by sally

‘There is “strong justification” for increasing 129 court fees by inflation, backdated to 2016, the Ministry of Justice (MoJ) has said.’

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Legal Futures, 1st September 2021

Source: www.legalfutures.co.uk

UK employers can expect wave of new data and AI guidance – OUT-LAW.com

Posted September 1st, 2021 in artificial intelligence, data protection, employment, equality, news, privacy by sally

‘Fresh guidance on monitoring workers and on using artificial intelligence (AI) tools in recruitment is to be issued to employers in the UK under plans announced by two UK regulators.’

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OUT-LAW.com, 31st August 2021

Source: www.pinsentmasons.com

Court of Appeal: film partnerships were trading with a view to profit – OUT-LAW.com

Posted August 27th, 2021 in appeals, artistic works, HM Revenue & Customs, limited liability partnerships, news, taxation by tracey

‘Two film partnerships were carrying on a trade with a view to profit, meaning that loss relief was available to individual investors, the Court of Appeal has decided, restoring a decision of the First-tier Tribunal (FTT).’

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OUT-LAW.com, 26th August 2021

Source: www.pinsentmasons.com

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

Posted August 27th, 2021 in class actions, 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.’

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OUT-LAW.com, 26th August 2021

Source: www.pinsentmasons.com

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

Posted August 25th, 2021 in chambers articles, children, cohabitation, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

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Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

UK sentencing guidelines for modern slavery offences published – OUT-LAW.com

Posted August 20th, 2021 in codes of practice, forced labour, news, sentencing, trafficking in human beings by sally

‘The publication of new sentencing guidelines for modern slavery offences should bring home to UK businesses the continued focus on modern slavery by law enforcement bodies, a legal expert has said.’

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OUT-LAW.com, 19th August 2021

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 16th, 2021 in legislation by tracey

SI 2021/939 – The Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021

Source: www.legislation.gov.uk

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by tracey

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

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OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

Bill makes subtle changes to judicial review in England and Wales – OUT-LAW.com

Posted August 11th, 2021 in bills, consultations, government departments, judicial review, news by tracey

‘The UK government has introduced its Judicial Review and Courts Bill in Parliament. In doing so, it has stepped back from radical reforms restricting judicial review, and instead focused on a more subtle reform of remedies, expected to come into force in England and Wales in 2022.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

Posted August 9th, 2021 in appeals, chambers articles, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by tracey

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com