Teacher who downed bottle of wine and turned up to primary school assembly drunk is banned from classroom – The Independent

Posted March 25th, 2025 in alcohol abuse, disciplinary procedures, news, teachers by tracey

‘A teacher has been banned from the classroom after arriving at a school assembly smelling of alcohol and walking “slowly and gingerly.”‘

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The Independent, 24th March 2025

Source: www.independent.co.uk

Home Truths – An Introduction to the Renters’ Rights Bill – Local Government Lawyer

Posted March 24th, 2025 in bills, landlord & tenant, news by tracey

’42BR’s Housing team discuss the new Renter’s Rights Bill.’

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Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Adverse possession: applications by squatters to be registered as proprietor – Local Government Lawyer

‘The Supreme Court has used “pure grammar” to clarify the law relating to adverse possession. Nick McKnight considers the ruling.’

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Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Are You Fit to Deal with Unfitness? – Local Government Lawyer

‘Michael Grant and Matthew Timm explore the law relating to “fitness for human habitation” and the court’s approach to damages.’

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Local Government Lawyer, 21st March 2025

Source: www.localgovernmentlawyer.co.uk

Mediation: Cracking The Hardest Nuts- Some Thoughts After DKH Retail Ltd and Others v City Football Group Ltd [2024] EWHC 3231 (Ch). – 4-5 Gray’s Inn Square

Posted March 24th, 2025 in disclosure, dispute resolution, news, sport, trade marks by tracey

‘Mediation: Cracking The Hardest Nuts- Some Thoughts After DKH Retail Ltd and Others v City Football Group Ltd [2024] EWHC 3231 (Ch).’

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4-5 Gary's Inn Square, 18th March 2025

Source: www.4-5.co.uk

4-5 Housing EFLASH: Ofori-Addo v LB Haringey [2025] EWCA Civ 277 – 4-5 Gray’s Inn Square

Posted March 24th, 2025 in chambers articles, homelessness, housing, news by tracey

‘The Court of Appeal upheld HHJ Saggerson’s decision on a section 204 appeal in the County Court that where an applicant requests a review on suitability under Part VII of the 1996 Act, the review officer is not obliged to anticipate and consider what further duty (if any) may be owed to the applicant without a request for a review on that basis.’

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4-5 Gray's Inn Square, 21st March 2025

Source: www.4-5.co.uk

The no-profit rule and but-for causation: Rukhadze v Recovery Partners GP Ltd – 4 New Square

Posted March 24th, 2025 in cautions, fiduciary duty, news, strict liability, trusts by tracey

‘Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10, decided yesterday, is a landmark decision on the liability of trustees and other fiduciaries to account for unauthorised profits. It decides that the liability is strict and does not depend on whether the principal would have made the same profit or would have consented to the fiduciary keeping all or part of the profit if he had been asked. All that is needed is a sufficient link between the fiduciary duty and the profit.’

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4 New Square, 20th March 2025

Source: www.4newsquare.com

Unprofessional conduct vs freedom of religious expression: Leger – Law & Religion UK

‘In R (Leger) v Secretary of State for Education [2025] EWHC 665 (Admin), Ms Gladwys Leger was a teacher at Bishop Justus Church of England School [5]. She is “a born-again ‘conservative’ Roman Catholic” who believes that biological sex is immutable and should not be tampered with and that sexual relationships should only exist within a marriage between a man and a woman [8]. She brought a claim arising from her dismissal from the school.’

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Law & Religion UK, 24th March 2025

Source: lawandreligionuk.com

UK tax tribunal confirms limits of third-party access to documents in appeals – OUT-LAW.com

Posted March 24th, 2025 in appeals, disclosure, news, taxation, third parties, tribunals by tracey

‘A recent UK tax tribunal ruling has clarified that there is no default position for granting applications by third parties for disclosure of documents in tax appeals, while making it clear that third parties have to show a good reason for seeking access to a document.’

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OUT-LAW.com, 21st March 2025

Source: www.pinsentmasons.com

English court mirrors Hong Kong SAR approach to seal and gag and third party disclosure orders – OUT-LAW.com

Posted March 24th, 2025 in disclosure, fraud, freezing injunctions, news, third parties by tracey

‘A court in England has echoed the approach taken by the courts in the Hong Kong Special Administrative Region (SAR) and the BVI in relation to the process for hearing applications for seal and gag orders and a third-party disclosure order.’

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OUT-LAW.com, 21st March 2025

Source: www.pinsentmasons.com

Employment tribunal erred in law in not granting anonymity, EAT finds – Law Society’s Gazette

Posted March 24th, 2025 in anonymity, employment tribunals, news, universities by tracey

‘A university lecturer who brought an employment tribunal claim against his employer has won his bid for anonymity after the employment tribunal initially rejected the application.’

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Law Society's Gazette, 21st March 2025

Source: www.lawgazette.co.uk

Court interpreting system ‘poses significant risk to justice’ – Law Society’s Gazette

Posted March 24th, 2025 in courts, inquiries, interpreters, news, public procurement by tracey

‘The current state of interpreting services in the courts is inefficient, ineffective and poses a risk to the administration of justice, peers declared today following an extensive inquiry. The government was urged to use a current procurement for language services contracts to reform the sector “or risk reinforcing significant jeopardy to justice for the foreseeable future”.’

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Law Society's Gazette, 24th March 2025

Source: www.lawgazette.co.uk

Ban on unregulated experts in family courts proposed for England and Wales – The Guardian

Posted March 24th, 2025 in children, expert witnesses, family courts, news by tracey

‘Unregulated experts could be banned from the family courts under new proposals for proceedings involving children in England and Wales. The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed changes to the rules, which are now out for public consultation. It follows growing concern from MPs and campaigners about court-appointed experts who advise on life-changing decisions without having the necessary qualifications. But some organisations say it does not go far enough.’

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The Guardian, 22nd March 2025

Source: www.theguardian.com

Black student accuses Met and CPS of misusing laws over use of N-word – The Guardian

Posted March 24th, 2025 in Crown Prosecution Service, hate crime, minorities, news, police, prosecutions by tracey

‘A 22-year-old black student has accused police and prosecutors of misusing hate speech laws intended to protect minorities after she was charged for using the N-word in a tweet.’

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The Guardian, 21st March 2025

Source: www.theguardian.com

Council Tax – Meaning of ‘Owner’ – 33 Bedford Row

Posted March 19th, 2025 in chambers articles, council tax, joint liability, local government, news by tracey

‘Liability for Council Tax is imposed by the Local Government Finance Act 1992 (“1992 Act”). In the 1992 Act, the important sections for England and Wales on the imposition of liability are those in a group of sections called “Liability to tax”, that is, sections 6 to 9 inclusive, with the key section being section 6, entitled “Persons liable to pay council tax”. Section 6 of the 1992 Act “…sets out a hierarchy in order of priority of those who will be liable to pay council tax in relation to a chargeable dwelling.”

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33 Bedford Row, 11th March 2025

Source: www.33bedfordrow.co.uk

Companies House Director’s / Secretary’s Address – Service – s.1140 Companies Act 2006 – 33 Bedford Row

‘In England and Wales, there are rules on what address, a person may be served at, for the purposes of service of a court document. In ordinary civil proceedings in the county court or High Court, the rules are set out in CPR Part 6, entitled “Service of Documents”.’

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33 Bedford Row, 16th March 2025

Source: www.33bedfordrow.co.uk

Ship Arrest to enforce an Arbitral Award? Article by Dr. Arun Kasi – 4-5 Gray’s Inn Square

Posted March 19th, 2025 in arbitration, chambers articles, charterparties, enforcement, news, ships by tracey

‘Shipping contracts often include an arbitration clause, for example, a voyage charterparty in an amended BIMCO GENCON 1994. When a dispute arises between the parties, say the charterer alleges the cargo was short delivered which the owner denies, the charterer may commence arbitral proceedings to pursue his claim, and might ultimately obtain an award. At the same time, a cargo claim is one within the admiralty jurisdiction of the court, [Sec 20(2) (h) Senior Courts Act 1981] for which the ship (or her sister ship) may be arrested. [Sec 21(4) Senior Courts Act 1981]. Hence, questions of ship arrest come into play at three stages here. First, whether the charterer may arrest the ship before the arbitral proceedings to secure the claim. Second, whether he may arrest the ship during the arbitral proceedings to obtain security. Third, whether he may arrest the ship to enforce an award. This article concerns only the third question; exploring the relationship between admiralty and arbitral awards.’

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4-5 Gray's Inn Square, 17th March 2025

Source: www.4-5.co.uk

Leggett & Others v American International Group UK Limited – 4 New Square

Posted March 19th, 2025 in chambers articles, indemnities, insurance, legal services, news, third parties by tracey

‘In this article, Amanda Savage KC and Ed Grigg analyse the recent High Court decision in Leggett & Others v American International Group UK Limited [2025] EWHC 278 (Comm). The decision repays close reading for professional indemnity lawyers and the insurance market more widely.’

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4 New Square, 10th March 2025

Source: www.4newsquare.com

SEND – Reasonable adjustment: What constitutes reasonableness? – Local Government Lawyer

Posted March 19th, 2025 in disabled persons, education, news, special educational needs by tracey

‘Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

Calls to amend payout rules for wrongly convicted – BBC News

‘”I just burst out crying,” says Brian Buckle, recalling the moment he read the rejection letter from the Ministry of Justice after applying for compensation. It said it accepted Brian was “innocent” of the sexual offences he had been wrongly imprisoned for, but he had failed to prove “beyond a reasonable doubt” that he had not committed the crimes.’

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BBC News, 19th March 2025

Source: www.bbc.co.uk