Online platforms and the law: can you afford to swipe right for love? – 3 Paper Buildings

‘3PB’s specialist commercial, public and information law barrister Mariya Peykova has written an article titled “Online dating platforms and the law: can you afford to swipe right for love?”’

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3 Paper Buildings, 29th January 2025

Source: www.3pb.co.uk

Polish up your pleadings! – 3 Hare Court

‘The case of Alton v PZU S.A. [2024] EWCA Civ 1435 arose out of a road traffic accident on the M20 motorway that occurred on 12 September 2017 and was a claim for damages in respect of personal injury and consequential losses, limited to £13,500. I adopt the past tense because the claim has now in fact been compromised, therefore, the judgment of the Court of Appeal was the final act in this particular drama.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

Sick of costs? – 3 Hare Court

Posted February 10th, 2025 in chambers articles, costs, food, food hygiene, holidays, news, personal injuries by tracey

‘A special approach has been taken to gastric illness (‘GI’) claims since it was established in the case law in Kempson & Kempson v First Choice Holidays (2007) and Wood v TUI Travel Plc [2017] EWCA Civ 11 that food or drink contaminated with bacteria in sufficient quantity to cause illness cannot be considered to have been “fit for purpose” or of “satisfactory quality” under ss4 and 13 of the Supply of Goods and Services Act 1982. This is not a “strict liability” regime, as confirmed in Wood v TUI, but it does set GI claims apart from other package travel claims in terms of what a claimant is required to establish. Since 2018, the costs associated with GI claims have also been dealt with distinctly from those in other package claims.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

In your own words – 3 Hare Court

‘Frequently, in overseas injury claims, one (or perhaps both) of the parties seeks to adduce evidence from a witness whose first language is not English. Before getting to the issue as to whether that witness will be able to give oral evidence at trial by video (a topic for another day), there will need to be a suitable written statement for that witness. The experience of a witness statement in English put before the court when it becomes quickly apparent that the witness is unable to speak or read English, is not a happy one. It is important to bear in mind the requirements of the CPR as to how the statements of witnesses in such cases should be prepared.’

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3 Hare Court, 6th February 2025

Source: www.3harecourt.com

Corporal punishment, religious beliefs, professional misconduct and the ECHR: ABC v General Medical Council – Law & Religion UK

‘In ABC v General Medical Council [2025] EWHC 242 (Admin), the appellant, a doctor, appealed under s.40 Medical Act 1983 against a determination of the Medical Practitioners’ Tribunal, which had found proved that between 2012 and January 2019, he had physically abused his children using corporal punishment and had decided to strike him off the register. He was suspended pending the outcome of the appeal [1].’

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Law & Religion UK, 8th February 2025

Source: lawandreligionuk.com

Prospective discharge of duty and review of decisions – Nearly Legal

‘The Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2025 (6 pages/61 KB) were passed on 20 January and bring into force further elements of the ECCTA as set out below, beginning in a matter of weeks.’

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Nearly Legal , 9th February 2025

Source: www.pinsentmasons.com

Intentional homelessness and tenancy obtained by deception – Nearly Legal

Posted February 10th, 2025 in fraud, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Munemo v City of Wolverhampton Council (2025) EWCC 4. This is quite the section 204 homelessness appeal of Wolverhampton’s review decision confirming the decision that Ms M was intentionally homeless.’

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Nearly Legal, 9th February 2025

Source: nearlylegal.co.uk

EECTA: UK corporate governance changes in force and on the horizon – OUT-LAW.com

‘Initial elements of the Economic Crime and Corporate Transparency Act (ECCTA) were implemented last year with businesses urged to increase their understanding of the Act ahead of further obligations expected to come into force from this spring.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

Axing apprenticeship funding “a disaster for the legal profession” – Legal Futures

Posted February 6th, 2025 in diversity, law firms, legal education, news, solicitors by sally

‘Scrapping government funding for Level 7 apprenticeships would be “a disaster for the legal profession and have a highly negative impact on social mobility and diversity”, the government has been told.’

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Legal Futures, 6th February 2025

Source: www.legalfutures.co.uk

Nicholas Reed Langen: The Use and Abuse of Citizenship Deprivation: SSHD v Kolicaj UK Constitutional Law Association

Posted February 6th, 2025 in citizenship, ministers' powers and duties, news, Supreme Court by sally

‘Any British citizen that happens to hold citizenship for another country could find themselves in an invidious position. If the Home Secretary decides that it would be “conducive to the public good”, they can single-handedly strip a person of their citizenship, and with it, their right to remain in the country. So long as the deprivation would not make them stateless, the law offers few protections beyond a limited right of appeal and the need for the Home Secretary to have some reasons.’

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UK Constitutional Law Association, 6th February 2025

Source: ukconstitutionallaw.org

After experts find ‘no medical evidence’ of murder, will Lucy Letby get a retrial? – The Guardian

‘Despite 14 leading experts concluding there was “no medical evidence” that Lucy Letby murdered babies, there is no guarantee that her case will be sent back to the court of appeal – let alone quickly.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Foreign national offender claimant wins legal challenge against Home Office over accommodation, but fails in parallel claim against council – Local Government Lawyer

‘The Home Office has lost a case about the allocation of bail accommodation for a foreign national offender and has been ordered by the High Court to make various changes to this system as well as pay 85% of claimant BLZ’s costs.’

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Local Government Lawyer, 5th February 2025

Source: www.localgovernmentlawyer.co.uk

Holding the Charity Commission’s feet to the fire: Atwal – Law & Religion UK

Posted February 6th, 2025 in charities, Charity Commission, news, Sikhism, trusts by sally

‘Atwal & Anor v Charity Commission for England and Wales [2024] EWHC 3451 (Ch) was an application under s.115 Charities Act 2011 for the permission of the Court to bring charity proceedings relating to the Sikh Gurdwara in Wednesfield, Wolverhampton, the Charity Commission having refused to do so.’

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Law & Religion UK, 4th February 2025

Source: lawandreligionuk.com

Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality? – UK Constitutional Law Association

Posted February 6th, 2025 in illegality, interpretation, ministers' powers and duties, news, Supreme Court by sally

‘The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as the textbooks and contributions to this symposium attest, this phenomenon has generated discrete legal problems. The status (not law “as such” (R(A) at [3]), purpose (to ensure consistency in the exercise of discretion – R (Lumba) v. SSHD [2011] UKSC 12), meaning (to be judged objectively – Mandalia v. SSHD [2015] 1 WLR 4546) and content (must be rational, proportionate etc) of these ‘soft law’ iterations have raised questions with varying degrees of significance in terms of the rule of law. One such question is the legitimacy of guidance, judged by reference to its effects, both intended and unintended. This reflects the fact that guidance is often directed towards the actions of persons other than its author(s), often with implications for third parties.’

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UK Constitutional Law Association, 5th February 2025

Source: ukconstitutionallaw.org

Prevent closed Southport killer case ‘prematurely’ – BBC News

Posted February 6th, 2025 in attempted murder, murder, news, school children, terrorism by sally

‘The Prevent counter-terrorism scheme “prematurely” closed its case on Axel Rudakubana three years before he went on to murder three children in Southport, a government review has found.’

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BBC News, 5th February 2025

Source: www.bbc.co.uk

Man loses sex discrimination claim after boss says ‘sorry boys’ at awards do – The Guardian

‘A marketing executive at a party balloon company has lost a sex discrimination claim lodged after his female boss said “sorry boys” as she revealed that a woman had won an award.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Lucy Letby murder convictions: what did the expert panel find? – The Guardian

Posted February 5th, 2025 in children, evidence, hospitals, murder, news, nurses, reports by sally

‘Group concludes babies died due to natural causes or errors in medical care, saying there was no evidence of deliberate harm.’

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The Guardian, 4th February 2025

Source: www.theguardian.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 5th, 2025 in EC law, medicines, news, patents by sally

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

High Court refuses application for deprivation of liberty order regarding disabled 15-year-old subject to care order – Local Government Lawyer

‘A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with “profound enduring disabilities”, who is the subject of a care order, to be deprived of his liberty.’

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Local Government Lawyer, 4th February 2025

Source: www.localgovernmentlawyer.co.uk

Carr floats formal mediation council for civil and commercial work – Legal Futures

Posted February 5th, 2025 in dispute resolution, international courts, lectures, news, rule of law, treaties by sally

‘The Lady Chief Justice has suggested that a new mediation council should be set up for civil and commercial matters to bolster England and Wales’s status as a leading international mediation centre”.’

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Legal Futures, 5th February 2025

Source: www.legalfutures.co.uk