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Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK

Posted July 31st, 2024 in appeals, Christianity, Church of England, human rights, news, Privy Council by sally

‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’

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Law & Religion UK, 31st July 2024

Source: lawandreligionuk.com

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

Compliance risks need to be considered to harness the power of wellness apps – OUT-LAW.com

Posted July 25th, 2024 in computer programs, data protection, health, news, privacy by sally

‘With the rising popularity of wellness apps – including those for tracking menstrual cycle, sleep and physical activity – it has become critical that providers of such technology should consider both legal and regulatory compliance and their ethical obligations, legal experts have said.’

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OUT-LAW.com, 24th July 2024

Source: www.pinsentmasons.com

Stronger competition penalties prompt CMA policy review – OUT-LAW.com

Posted July 23rd, 2024 in competition, consultations, enforcement, fines, news, ombudsmen, penalties by tracey

‘The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).’

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OUT-LAW.com, 22nd July 2024

Source: www.pinsentmasons.com

King’s Speech: New laws will strengthen employee protections – OUT-LAW.com

Posted July 22nd, 2024 in bills, employment, equality, government departments, news by sally

‘New legislation will give employees greater protections, but the government must consider the implications of any new rights to ensure they do not cut across employers’ regulatory or other obligations, experts have said.’

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OUT-LAW.com, 19th July 2024

Source: www.pinsentmasons.com

EHRC proposes changes to guidance on preventing workplace sexual harassment – OUT-LAW.com

‘Employers in the UK should pay close attention to the risk assessment approach and business-specific preventative steps proposed by the Equality and Human Rights Commission (EHRC), which is in the process of changing its guidance on preventing workplace sexual harassment, experts have said.’

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OUT-LAW.com, 12th July 2024

Source: www.pinsentmasons.com

Workplace fatalities rise in the UK -OUT-LAW.com

Posted July 10th, 2024 in accidents, construction industry, health & safety, news, statistics by tracey

‘Construction companies have been urged to review their health and safety policies after new data showed most workplace fatalities in the UK occur in the sector.’

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OUT-LAW.com, 9th July 2024

Source: www.pinsentmasons.com

Non-Christian symbols on churchyard headstones – Law & Religion UK

Posted July 9th, 2024 in Christianity, faculties, Judaism, monuments, news, regulations by sally

‘In the recent judgment Re St. Mary Shotesham [2024] ECC Nor 4, the petitioner sought to introduce a memorial stone into the churchyard of St Mary’s, Shotesham. The points at issue were whether the depiction of the Star of David at the top of the stone infringed the Diocesan Churchyard Regulations issued by Arlow Ch in 2016 and, if so, whether a faculty should nevertheless be granted.’

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Law & Religion UK, 9th July 2024

Source: lawandreligionuk.com

UK ratification of cross-border enforcement treaty gives businesses greater certainty – OUT-LAW.com

Posted July 8th, 2024 in dispute resolution, enforcement, foreign jurisdictions, judgments, news by tracey

‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’

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OUT-LAW.com, 4th July 2024

Source: www.pinsentmasons.com

Risks of AI-enabled academic misconduct flagged in new study – OUT-LAW.com

‘Research has highlighted the significant risks AI use can place on the integrity of exams and assessment in universities and other higher education institutions, an expert has said.’

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OUT-LAW.com, 1st July 2024

Source: www.pinsentmasons.com

Pensions Ombudsman decisions offer reassurance around risks of providing online systems – OUT-LAW.com

Posted July 1st, 2024 in complaints, electronic filing, news, ombudsmen, pensions by tracey

‘Two recent decisions of the UK Pensions Ombudsman (PO) place the onus on the scheme member to use providers’ online systems correctly and to switch to alternative means of communication when those systems are unavailable.’

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OUT-LAW.com, 28th June 2024

Source: www.pinsentmasons.com

Tribunal demonstrates ‘orthodox approach’ to single supply VAT exemption – OUT-LAW.com

Posted June 25th, 2024 in contraception, medicines, news, tribunals, VAT by tracey

‘A recent UK Upper Tribunal decision is a useful reminder of the “orthodox” approach that should be taken to determine whether there has been a single or multiple supply of goods or services for the purposes of VAT exemption, an expert has said.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

AI drafting in job ads: human oversight essential to ensure social mobility inclusion – OUT-LAW.com

Posted June 25th, 2024 in advertising, artificial intelligence, diversity, drafting, news, recruitment by tracey

‘Human resources professionals, recruiters and business leaders should be aware of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

High Court decisions show developing court approach to dishonest assistance and unjust enrichment claims – OUT-LAW.com

Posted June 25th, 2024 in banking, breach of trust, fraud, news by tracey

‘Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

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

UK seaman visa guidance gives clarity to offshore employers – OUT-LAW.com

Posted June 18th, 2024 in employment, immigration, news, ships, visas by tracey

‘Recently published UK government guidance provides employers, particularly those operating in UK territorial waters, with important clarification on the issue of which seamen and offshore workers require a work visa and which do not, an expert has said.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted June 17th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

JTI Acquisition Company (2011) Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 652 (13 June 2024)

Thomas, R (On the Application Of) v Judicial Appointments Commission [2024] EWCA Civ 665 (13 June 2024)

Commercial Bank of Dubai PSC & Ors v Al Sari & Ors [2024] EWCA Civ 643 (12 June 2024)

Court of Appeal (Criminal Division)

BJK, R. v [2024] EWCA Crim 667 (14 June 2024)

Seed & Ors, R. v [2024] EWCA Crim 650 (13 June 2024)

Gould, R. v [2024] EWCA Crim 669 (06 June 2024)

High Court (Administrative Court)

Botka v Romanian Judicial Authority (Rev1) [2024] EWHC 1332 (Admin) (14 June 2024)

MCML Ltd & Anor, R (On the Application Of) v Southwark Crown Court (Re Permission to Appeal Application) [2024] EWHC 1470 (Admin) (14 June 2024)

Khan v GMC [2024] EWHC 1330 (Admin) (14 June 2024)

ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin) (14 June 2024)

Moore v Criminal Court No 4 In Malaga, Spain [2024] EWHC 1458 (Admin) (13 June 2024)

Wisniewski v Regional Court of Torun, Poland [2024] EWHC 1461 (Admin) (13 June 2024)

Miernik v Sad Okregowy III Criminal Division in Kielce, Poland [2024] EWHC 1457 (Admin) (13 June 2024)

Linear Investments Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 1428 (Admin) (13 June 2024)

The Chief Constable of Thames Valley Police, R (On the Application Of) v A Legally Qualified Chair [2024] EWHC 1454 (Admin) (13 June 2024)

Grimm v Government of USA [2024] EWHC 1460 (Admin) (13 June 2024)

Goldstein v The Court of Caltanissetta Italy [2024] EWHC 1459 (Admin) (13 June 2024)

High Court (Chancery Division)

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor [2024] EWHC 1429 (Ch) (14 June 2024)

easyGroup Ltd v Beauty Perfectionists Ltd & Ors [2024] EWHC 1441 (Ch) (13 June 2024)

High Court (Commercial Court)

Patel v Patel [2024] EWHC 1412 (Comm) (14 June 2024)

JP Morgan International Finance Ltd v WEREALIZE.COM Ltd [2024] EWHC 1437 (Comm) (13 June 2024)

Exporien Mining Private Limited Company v Aggreko International Projects Ltd [2024] EWHC 1463 (Comm) (13 June 2024)

High Court (Family Division)

G and H, Re (Children: Return to Ghana) [2024] EWHC 1453 (Fam) (14 June 2024)

High Court (King’s Bench Division)

Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) (14 June 2024)

Tesco Stores Ltd v Mouradi [2024] EWHC 1466 (KB) (14 June 2024)

Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) (14 June 2024)

Taylor v Pathe Productions Ltd & Ors [2024] EWHC 1475 (KB) (14 June 2024)

Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) (14 June 2024)

A v B [2024] EWHC 1400 (KB) (14 June 2024)

Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) (13 June 2024)

BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

Source: www.bailii.org

Business backed in withholding data in subject access request response – OUT-LAW.com

Posted June 17th, 2024 in data protection, disclosure, news, telecommunications, third parties by tracey

‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’

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OUT-LAW.com, 14th June 2024

Source: www.pinsentmasons.com

Amazon faces fresh CAT claims over marketplace practices – OUT-LAW.com

Posted June 17th, 2024 in class actions, competition, damages, news by tracey

‘Amazon faces two new class action-style claims in the UK over alleged anti-competitive practices that those bringing the claims say have negatively impacted third-party sellers that use the company’s online marketplace.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com