Gender critical belief: A legal debrief – Law Pod UK

Posted December 11th, 2024 in employment, equality, freedom of expression, gender, news, podcasts, transgender persons by sally

‘Jim Duffy is joined by fellow 1COR barristers Alasdair Henderson and Paula Kelly to examine recent judicial attempts to grapple with questions of gender in the workplace. How do the UK courts and tribunals distinguish legitimate and protected expressions of belief from harassment and transphobia?’

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Law Pod UK, 11th December 2024

Source: audioboom.com

Minister warns prison space may run out despite expansion plans – BBC News

Posted December 11th, 2024 in Ministry of Justice, news, planning, prisons, statistics by sally

‘The justice secretary has said even under the government’s plans to open 14,000 more prison places, they could still run out of space over the next few years.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

Sex Education actor Alexander Westwood found guilty of raping teenagers in acting class – The Independent

Posted December 11th, 2024 in abuse of position of trust, child abuse, children, news, rape, sexual offences by sally

A “manipulator and predatory” actor who starred in Netflix show Sex Education has been found guilty of more than two dozen sex offences, including against children.

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The Independent, 10th December 2024

Source: www.independent.co.uk

Birmingham city council agrees deal over equal pay claims – The Guardian

‘Birmingham city council has reached an agreement to settle historical equal pay claims that left the authority with liabilities estimated at £760m and pushed it into effective bankruptcy.’

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The Guardian, 10th December 2024

Source: www.theguardian.com

Barrister apprenticeships to go live next year – Legal Futures

‘Barrister apprenticeships are set to become a reality after their approval by the Bar Standards Board (BSB) and Institute for Apprenticeships and Technical Education (IfATE).’

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Legal Futures, 10th December 2024

Source: www.legalfutures.co.uk

New guidance on ‘parental alienation’ in family court battles – BBC News

‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

MP’s bid to finally have all forms of domestic abuse recognised in law – The Independent

‘The scandal of scores of prisoners guilty of domestic abuse being released early from prison has prompted a bid to change the law.’

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The Independent, 11th December 2024

Source: www.independent.co.uk

Bar Standards Board ‘failed to protect’ female barrister from online gender violence – The Guardian

‘A barrister has accused her professional regulator of failing to protect her from online gender violence, at the start of a disciplinary hearing against her for saying a judge had shown a “boys’ club attitude”.’

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The Guardian, 10th December 2024

Source: www.theguardian.com

Understanding Customs Duty and VAT Compliance Through Tribunal Cases – 33 Bedford Row

Posted December 10th, 2024 in chambers articles, customs and excise, HM Revenue & Customs, news, taxation, VAT by tracey

‘The three cases below provide valuable insights into the complexities of customs regulations and the importance of meticulous compliance. They underscore the need for businesses to adopt robust compliance mechanisms to prevent errors and fraud, while also highlighting the importance of a balanced approach in customs enforcement to ensure that penalties are commensurate with the nature and impact of non-compliance.’

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33 Bedford Row, 4th December 2024

Source: www.33bedfordrow.co.uk

Digital Forensics within the Criminal Justice System – 25 Bedford Row

‘Rare is the case that does not feature some aspect of digital technology. The House of Lords Science and Technology Select Committee identified that “Digital evidence is now a key component in many criminal trials…[estimating that]…90% of crime has a digital element, in the broadest sense…” Digital forensic evidence is critical in the course of all manner of criminal cases – from online fraud, stalking via social media, in cases where an offence is captured on CCTV, or where the prosecution of a case is reliant on cell site analysis.’

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25 Bedford Row, 3rd December 2024

Source: www.25bedfordrow.com

Domestic Abuse Protection Order Pilot Scheme – 25 Bedford Row

‘As of 27 November 2024, Domestic Abuse Protection Orders (“DAPOs”) are being piloted in Greater Manchester, parts of South London (Croydon, Bromley, and Sutton) and the British Transport Police.’

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25 Bedford Row, 10th December 2024

Source: www.25bedfordrow.com

Is the right to a fair trial secure under the FA’s Whole Game System? – 7BR

Posted December 10th, 2024 in chambers articles, disciplinary procedures, news, sport, trials by tracey

‘The recent decision of an FA Appeal Board in Craig Walton v Birmingham County FA (“Walton“) [1], wherein this author represented the appellant, raises several questions of procedural fairness and natural justice.’

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7BR, 6th December 2024

Source: www.7br.co.uk

Trust Disputes, Grosskopf v Grosskopf: Light At End of Arbitral Tunnel? – 4-5 Gray’s Inn Square

Posted December 10th, 2024 in arbitration, chambers articles, news, trusts by tracey

‘Boris Lazic & Arran Dowling-Hussey look at the extent to which trust disputes can be subject to arbitration after the recent decision in Grosskopf v Grosskopf ([2024] EWHC 291 (Ch).’

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4-5 Gray’s Inn Square, 6th December 2024

Source: www.4-5.co.uk

BAILII: Recent Decisions

Posted December 10th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Tendring District Council v Secretary of State for Work and Pensions & Anor [2024] EWCA Civ 1509 (09 December 2024)

Tendring District Council v Secretary of State for Work and Pensions & Anor [2024] EWCA Civ 1518 (09 December 2024)

Doorstep Dispensaree Ltd v The Information Commissioner [2024] EWCA Civ 1515 (09 December 2024)

S v Secretary of State for the Home Department [2024] EWCA Civ 1482 (06 December 2024)

Alame & Ors v Shell PLC & Anor [2024] EWCA Civ 1500 (06 December 2024)

Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490 (05 December 2024)

Ali v HSF Logistics Polska SP ZOO [2024] EWCA Civ 1479 (04 December 2024)

Ahmad v Ouajjou & Anor [2024] EWCA Civ 1480 (04 December 2024)

Court of Appeal (Criminal Division)

Wieromiejzyk & Anor v Director of Public Prosecutions [2024] EWCA Crim 1486 (06 December 2024)

Ratcliffe v R. [2024] EWCA Crim 1498 (05 December 2024)

BOB & Ors, R. v [2024] EWCA Crim 1494 (05 December 2024)

Noakes, R. v [2024] EWCA Crim 1507 (26 November 2024)

High Court (Administrative Court)

Simpson, R (On the Application Of) v NHS Mid and South Essex Integrated Care Board [2024] EWHC 3063 (Admin) (06 December 2024)

Todirica v Pascani Court of Law (Romania) [2024] EWHC 3113 (Admin) (04 December 2024)

Scott, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 3110 (Admin) (03 December 2024)

Source: www.bailii.org

Setting up a UK subsidiary: key tax considerations – OUT-LAW.com

Posted December 10th, 2024 in company law, corporation tax, news, subsidiary companies, taxation, VAT by tracey

‘This guide outlines some of the key tax issues to consider when setting up a subsidiary in the UK. It assumes that the subsidiary will be a private company limited by shares, although other legal forms are available.’

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OUT-LAW.com, 10th December 2024

Source: www.pinsentmasons.com

Creditor refused injunction to deprive debtor his pension – OUT-LAW.com

Posted December 10th, 2024 in debts, injunctions, insolvency, news, pensions by tracey

‘A creditor has been prohibited from obtaining a mandatory injunction that would have required a debtor to draw down a lump sum from his occupational pension scheme for the purpose of paying a default judgment.’

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OUT-LAW.com, 9th December 2024

Source: www.pinsentmasons.com

Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic by tracey

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

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UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com

Law Commission to review law and sentencing in homicide – Law Commission

Posted December 10th, 2024 in homicide, Law Commission, murder, news, sentencing by tracey

‘The Law Commission has agreed to take on a project reviewing the law on homicide and the sentencing framework for murder. The review follows a request from the Lord Chancellor and recognises the vital importance of making sure that the gravest offences recognised by the criminal law in England and Wales work effectively in the 21st century.’

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Law Commission, 6th December 2024

Source: lawcom.gov.uk

The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by tracey

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

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Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

Barrister apprenticeship standard endorsed by Bar Standards Board – Bar Standards Board

Posted December 10th, 2024 in barristers, legal education, news, standards by tracey

‘The Institute for Apprenticeships and Technical Education (IFATE) and the Bar Standards Board (BSB) are pleased to announce the Barrister Apprenticeship Standard. This new standard sets out the skills, knowledge and behaviours needed to become a successful practising barrister in England and Wales. ‘

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Bar Standards Board, 5th December 2024

Source: www.barstandardsboard.org.uk