Use quotation marks around your search terms to find an exact phrase.
‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’
OUT-LAW.com, 11th June 2024
Source: www.pinsentmasons.com
‘Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.’
OUT-LAW.com, 7th June 2024
Source: www.pinsentmasons.com
‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’
OUT-LAW.com, 5th June 2024
Source: www.pinsentmasons.com
‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’
OUT-LAW.com, 5th June 2024
Source: www.pinsentmasons.com
‘The High Court in England recently handed down a judgment emphasising the importance of landlords not contriving development schemes to regain possession of premises in order to try to circumvent the statutory grounds of opposition to renewal of business tenancies under the 1954 Act, an expert has said.’
OUT-LAW.com, 3rd June 2024
Source: www.pinsentmasons.com
‘The UK’s Competition and Markets Authority (CMA) has launched an expedited statutory market investigation into the veterinary services sector in light of concerns it has identified in that industry following an initial review and consultation.’
OUT-LAW.com, 3rd June 2024
Source: www.pinsentmasons.com
‘The updated guidance on the NSI Act comes after calls to “fine tune” the NSI regime following a consultation. It aims to provide more clarity to businesses, institutions, and their advisors while protecting national security. The updates include a new “section 3 statement” that better explains how the UK government plans to exercise powers under the NSI Act to call-in certain acquisitions for scrutiny and updated “Market Guidance”.’
OUT-LAW.com, 31st May 2024
Source: www.pinsentmasons.com
‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’
OUT-LAW.com, 29th May 2024
Source: www.pinsentmasons.com
‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’
Nearly Legal, 28th May 2024
Source: nearlylegal.co.uk
‘The highly anticipated Digital Markets, Competition and Consumers (DMCC) Bill was passed by the UK Parliament on 23 May, marking the most important changes to UK competition law and consumer law in years.’
OUT-LAW.com, 28th May 2024
Source: www.pinsentmasons.com
Supreme Court
Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17 (15 May 2024)
RTI Ltd v MUR Shipping BV [2024] UKSC 18 (15 May 2024)
Court of Appeal (Civil Division)
Campbell, R (On the Application Of) v London Borough of Ealing [2024] EWCA Civ 540 (17 May 2024)
Osler v Osler & Ors [2024] EWCA Civ 516 (16 May 2024)
High Court (Administrative Court)
Deb v Greek Judicial Authority [2024] EWHC 1131 (Admin) (16 May 2024)
ADL & Ors v Secretary of State for the Home Department [2024] EWHC 994 (Admin) (15 May 2024)
High Court (Chancery Division)
Davies v Watts & Anor [2024] EWHC 1177 (Ch) (17 May 2024)
Morris v Elite Motors Bodyshop Ltd & Anor [2024] EWHC 1173 (Ch) (17 May 2024)
C-Retail Ltd, Re [2024] EWHC 1194 (Ch) (16 May 2024)
Scenic International Group Ltd v Adenaike & Ors (Re Costs) [2024] EWHC 1178 (Ch) (16 May 2024)
High Court (Commercial Court)
JP Morgan International Finance Ltd v Werealize.Com Ltd [2024] EWHC 1182 (Comm) (14 May 2024)
High Court (Family Division) Decisions
O, Re (Appeal: Costs) [2024] EWHC 1163 (Fam) (17 May 2024)
A Father v A Mother [2024] EWHC 1149 (Fam) (16 May 2024)
RA, Re (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam) (15 May 2024)
J & K v M [2024] EWHC 1156 (Fam) (10 May 2024)
High Court (King’s Bench Division)
McHale v Dunlop & Anor [2024] EWHC 1174 (KB) (17 May 2024)
Solicitors Regulation Authority Ltd v Hon-Ying Amie Tsang [2024] EWHC 1150 (KB) (17 May 2024)
Francois v London Borough of Waltham Forest [2024] EWHC 1162 (KB) (16 May 2024)
De Azavedo Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) (16 May 2024)
High Court (Technology and Construction Court)
Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC) (17 May 2024)
Source: www.bailii.org
‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’
OUT-LAW.com, 17th May 2024
Source: www.pinsentmasons.com
‘The administration of a company automatically comes to an end on the first anniversary of its commencement. However, the period can be extended beyond the first anniversary with the consent of the creditors or the court.’
OUT-LAW.com, 17th May 2024
Source: www.pinsentmasons.com
‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’
OUT-LAW.com, 15th May 2024
Source: www.pinsentmasons.com
‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’
OUT-LAW.com, 14th May 2024
Source: www.pinsentmasons.com
‘Businesses should carry out fraud risk assessments in line with the requirements of the Economic Crime and Corporate Transparency Act ahead of final UK government guidance concerning the “reasonable procedures” fraud prevention defence, an expert has said.’
OUT-LAW.com, 10th May 2024
Source: www.pinsentmasons.com
‘The UK’s Intellectual Property Office (IPO) has issued updated guidelines for examining patent applications relating to artificial intelligence (AI) inventions just days before the Court of Appeal in London is due to hear arguments in a case that triggered the release of the revised guidance.’
OUT-LAW.com, 10th May 2024
Source: www.pinsentmasons.com
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed “joint enterprise”. In England and Wales, “joint enterprise” has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with “joint enterprise” in England and Wales remain, despite the change in the law. This is due to there being only “subtle shift” in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterprise’. In England and Wales, ‘joint enterprise’ has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with ‘joint enterprise’ in England and Wales remain, despite the change in the law. This is due to there being only ‘subtle shift’ in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘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.’
OUT-LAW.com, 29th April 2024
Source: www.pinsentmasons.com
© Inner Temple Library 2024