King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

UK riots: boy, 12, becomes youngest person in England to be sentenced – The Guardian

Posted September 18th, 2024 in compensation, immigration, news, sentencing, violent disorder, young offenders by sally

‘A 12-year-old boy, who is the youngest known person in England to have been charged in connection with widespread disorder in UK cities earlier this summer, has been given a 12-month a referral order.’

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The Guardian, 17th September 2024

Source: www.theguardian.com

Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

Posted September 18th, 2024 in damages, deprivation of liberty safeguards, false imprisonment, hospitals, human rights, inquests, mental health, negligence, news by sally

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

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Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Inside Operation Soteria: Half of rape investigation teams are not fully qualified – Each Other

Posted September 18th, 2024 in human rights, news, ombudsmen, police, rape, sexual offences by sally

‘The police inspectorate recently published its report on progress in delivering a new model for investigating rape and serious sexual offences, known as Operation Soteria.’

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Each Other, 16th September 2024

Source: eachother.org.uk

Buffer zones to be introduced outside abortion clinics after lengthy delays – The Independent

Posted September 18th, 2024 in abortion, delay, demonstrations, fines, government departments, harassment, news by sally

‘Buffer zones will soon be introduced outside abortion clinics to stop women seeking abortions from being harassed by protesters.’

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The Independent, 18th September 2024

Source: www.independent.co.uk

Priest sentenced for stealing church donations – BBC News

Posted September 18th, 2024 in Christianity, compensation, imprisonment, news, sentencing, suspended sentences, theft by sally

‘A priest has been given a suspended prison sentence for stealing money from his own church’s donation plates.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

UK’s new eVisa scheme ‘could create digital Windrush scandal’ – The Guardian

Posted September 18th, 2024 in computer programs, documents, government departments, immigration, news, visas by sally

‘Millions of migrants have been urged to register for a new eVisa scheme as campaigners warn the document could create a digital Windrush scandal.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

Police officers perpetrate shocking levels of domestic abuse with impunity, report finds – The Independent

Posted September 18th, 2024 in criminal justice, domestic violence, government departments, news, police, statistics by sally

‘Police officers perpetrate shocking levels of domestic abuse yet many operate with impunity due to forces failing to properly hold them to account, according to new research.’

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The Independent, 18th September 2024

Source: www.independent.co.uk

Pupillage special: Using AI safely – Counsel

Posted September 17th, 2024 in artificial intelligence, barristers, news, pupillage by sally

‘Unless you’ve been completely off-grid for the past 12 months or so, you’ve likely encountered the deluge of news, articles, explainers, and enthusiastic LinkedIn posts about the wonders and/or terrors of Generative AI.’

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Counsel, September 2024

Source: www.counselmagazine.co.uk

Business fined for selling fake Wonka bars – BBC News

Posted September 17th, 2024 in fines, food, health & safety, labelling, news, sentencing, trade marks by tracey

‘A business has been fined for selling fake Wonka chocolate bars around the UK, which included nuts that were not mentioned on the packaging.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

Woman fined over take-for-free cabinet left outside her home – BBC News

Posted September 17th, 2024 in fines, local government, news, waste by tracey

‘A woman has been handed a £500 fine for fly-tipping after leaving a cabinet for free collection outside her home.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

Disabled woman told to repay £5,000 of benefits – BBC News

Posted September 17th, 2024 in benefits, disabled persons, government departments, news by tracey

‘A woman has been ordered to pay back thousands of pounds to the Department for Work and Pensions after being incorrectly paid benefits she was told she was entitled to.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

2 Hare Court Professional Discipline Newsletter – 2 Hare Court

Posted September 17th, 2024 in chambers articles, disciplinary procedures, news, professional conduct by tracey

‘Welcome to the latest edition of the Professional Discipline Newsletter.’

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2 Hare Court, 10th September 2024

Source: www.2harecourt.com

New Act – legislation.gov.uk

Posted September 17th, 2024 in budgets, government departments, legislation by tracey

2024 c. 24 – Budget Responsibility Act 2024

Source: www.legisalation.gov.uk

BAILII: Recent Decisions

Posted September 17th, 2024 in law reports by tracey

Supreme Court

Revenue and Customs v Professional Game Match Officials Ltd [2024] UKSC 29 (16 September 2024)

Court of Appeal (Civil Division)

Y, V & B (Fact-Finding: Perpetrator) [2024] EWCA Civ 1034 (13 September 2024)

Court of Appeal (Criminal Division)

Smith & Ors v Rex [2024] EWCA Crim 1040 (13 September 2024)

Shortt, R. v [2024] EWCA Crim 1041 (13 September 2024)

High Court (Administrative Court)

ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) (16 September 2024)

Commissioner of the Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal [2024] EWHC 2348 (Admin) (13 September 2024)

Friends of the Earth Ltd v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 2349 (Admin) (13 September 2024)

High Court (Chancery Division)

Folds Farm Trustees Ltd & Anor v Cutts & Ors (Re Costs) [2024] EWHC 2143 (Ch) (13 September 2024)

High Court (Patents Court)

Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors [2024] EWHC 2339 (Pat) (13 September 2024)

High Court (King’s Bench Division)

Ministry of Justice of the Kingdom of the Netherlands v Baybasin & Ors [2024] EWHC 2343 (KB) (13 September 2024)

Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) (13 September 2024)

Source: www.bailii.org

Fewer remedies despite more notifications under UK’s national security and investment regime – OUT-LAW.com

Posted September 17th, 2024 in company law, competition, mergers, news, notification, statistics by tracey

‘The UK’s foreign investment screening regime saw an increase in the number of notifications in 2023-24, but fewer cases were subject to remedies or prohibitions compared to the previous year, as the regime “is settling in”, a legal expert has said.’

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OUT-LAW.com, 16th September 2024

Source: www.pinsentmasons.com

DMCC Act overhauls UK consumer law enforcement and expands consumer rights – OUT-LAW.com

Posted September 17th, 2024 in competition, consumer protection, enforcement, news, ombudsmen by tracey

‘Consumer protection laws, and particularly the Competition and Markets Authority’s (CMA) enforcement powers, have been substantially strengthened by landmark new UK legislation which elevates directly enforceable consumer protection rules to the same status as competition law.’

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OUT-LAW.com, 16th September 2024

Source: www.pinsentmasons.com

Thomas Horsley: Relations Reset or Regression? Devolution and the Product Regulation and Metrology Bill – UK Constitutional Law Association

Posted September 17th, 2024 in bills, constitutional law, government departments, markets, news by tracey

‘On 4 September 2024, the UK Government published the Product Regulation and Metrology Bill (the PRMB). Introduced in the Lords, the PRMB is certainly not the most headline-grabbing Bill announced in the King’s Speech. Its substance – product standards and weights and measures – is important, but unlikely to excite the masses. However, as the new UK Government’s first intervention to regulate the UK internal market, the Bill is remarkable for at least two reasons.’

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UK Constitutional Law Association, 17th September 2024

Source: ukconstitutionallaw.org

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

Posted September 17th, 2024 in demonstrations, equality, freedom of expression, human rights, Israel, local government, news, repossession, universities by tracey

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

Parents fail in High Court challenge to permanent exclusion of child from school – Local Government Lawyer

Posted September 17th, 2024 in children, disciplinary procedures, education, families, local government, news, school children, school exclusions, sexual offences by tracey

‘The High Court has rejected a legal challenge brought by parents over a decision of the Governors Disciplinary Committee (GDC) of a school to uphold the decision of the headteacher to permanently exclude their child.’

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Local Government Lawyer, 16th September 2024

Source: www.localgovernmentlawyer.co.uk