UK tribunal decides individual was agency worker despite use of PSC – OUT-LAW.com

‘A recent employment tribunal decision has shown that a contractor engaged via a personal service company (PSC) can be held under UK employment law to be an agency worker, and therefore entitled to the protection of worker rights.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Ruling clarifies court expectations on challenges raised to bill of costs – OUT-LAW.com

Posted January 27th, 2025 in civil procedure rules, costs, indemnities, news by tracey

‘Businesses commencing court proceedings in England and Wales have obtained fresh guidance on what they need to do when seeking to challenge costs claims put forward by opponents they are in litigation against, experts have said.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

What qualifies a law degree: surveying elective module provision in undergraduate legal education across England, Wales and Northern Ireland in 2023–2024 – The Law Teacher

Posted January 23rd, 2025 in examinations, legal education, news, solicitors, statistics, universities by sally

‘This paper explores the contemporary elective module provision in undergraduate English law degrees. The demise of the qualifying law degree as a requirement to pursue qualification as a solicitor in England and Wales means that providers of undergraduate English law degrees now have increasing flexibility over the structure and content of courses. This paper reviews elective modules offered at providers in England, Wales and Northern Ireland in the academic year 2023–2024 and finds that while there is increasing diversity among elective provision when compared to historic provision, there is also a degree of standardisation among degree providers. It discusses the significance of this standardisation in the post-qualifying law degree world and develops seven themes based on current elective provision to highlight the broader trends in elective provision. It then concludes by arguing that the legacy of the qualifying law degree is clearly influencing the new normal and suggests several questions which this raises for undergraduate legal education going forward.’

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The Law Teacher, 22nd January 2025

Source: www.tandfonline.com

R v Jones Case Comment: Running diminished responsibility without an expert – Pump Court Chambers

‘Diminished responsibility is one of the partial defences available to those charged with murder. If a defendant is found to have had diminished responsibility during the commission of the offence, they are not acquitted but rather found guilty of voluntary manslaughter by reason of diminished responsibility.’

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Pump Court Chambers, 20th December 2025

Source: www.pumpcourtchambers.com

Legal challenges to UK infrastructure projects to be blocked in push for growth – The Guardian

Posted January 23rd, 2025 in airports, energy, environmental protection, judicial review, news, planning, railways by sally

‘Campaigners will be blocked from “excessive” legal challenges to planning decisions for major infrastructure projects including airports, railways and nuclear power stations as part of the government’s drive for economic growth.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Directors duties after the BHS decisions – Gatehouse Chambers

Posted January 23rd, 2025 in chambers articles, company directors, insolvency, news by sally

‘In March 2015, BHS was sold for to Retail Acquisition Limited for the princely sum of just £1. Dominic Chappell (a thrice bankrupt former racing driver with no experience in retail) and his fellow directors took the helm of the struggling group. A little over a year later, in April 2016, BHS collapsed into administration and later insolvent liquidation by which point the net deficiency was a staggering £1.3 billion).’

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Gatehouse Chambers, 18th December 2025

Source: gatehouselaw.co.uk

Pension loss: a very brief introduction – Exchange Chambers

Posted January 23rd, 2025 in chambers articles, compensation, economic loss, news, pensions, personal injuries by sally

‘In the world of personal injury law, we often deal with things that are easy – for example, calculating a simple loss of earnings over a short period of time. We sometimes deal with things which are a bit harder – for example, the approach to loss of earnings where due to an accident the Claimant is now under a disability. However, we sometimes have to bite the bullet and deal with things which are nasty. Pension loss, unfortunately, is one of them.’

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Exchange Chambers, 3rd December 2025

Source: www.exchangechambers.co.uk

Man ordered to pay £10,000 costs for failed LeO judicial review – Legal Futures

Posted January 23rd, 2025 in barristers, complaints, costs, executors, judicial review, legal ombudsman, news, solicitors by sally

‘A man whose application for permission to bring a judicial review against the Legal Ombudsman (LeO) was certified as totally without merit has been ordered to pay £10,000 in costs.’

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Legal Futures, 23rd January 2025

Source: www.legalfutures.co.uk

Kevin Clarke’s family denounce police discipline system after officers cleared – The Guardian

‘The family of a black man who died after being restrained by police officers who denied having heard him say “I can’t breathe” have condemned the police discipline system after two officers were cleared of gross misconduct.’

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The Guardian, 22nd January 2025

Source: www.theguardian.com

Treasury seeks to intervene in Supreme Court motor finance case – Legal Futures

‘The government has applied to intervene in the Supreme Court hearing on motor finance, expressing concern that the Court of Appeal ruling could have a significant and potentially damaging impact on the market.’

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Legal Futures, 22nd January 2025

Source: www.legalfutures.co.uk

Revised terror laws will not include disruptive protest, says No 10 – The Guardian

Posted January 23rd, 2025 in children, demonstrations, murder, news, terrorism, violence, young offenders, young persons by sally

‘An overhaul of laws on terrorism after the Southport murders will not expand the definition to take in disruptive but non-violent protest, Downing Street has said, as MPs and senior lawyers warned about potential risks to the plan.’

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The Guardian, 22nd January 2025

Source: www.theguardian.com

Business Rates – Billing Authority duty to help VOA keep Local List accurate – 33 Bedford Row

Posted January 21st, 2025 in chambers articles, news, rates, statutory duty, valuation by tracey

‘The law in relation to national non-domestic rates (Business Rates) contains a high level dichotomy. This dichotomy is between:
(1) compiling and maintaining the rating lists (central and local) – typically know as the “non-domestic rating lists” or simply the “lists”; and
(2) collection and enforcement of the tax due.
Each of these may be subdivided further, in respect to the entity that is tasked with undertaking these.’

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33 Bedford Row, 14th January 2025

Source: www.33bedfordrow.co.uk

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12 KBW

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

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12 KBW, 20th January 2025

Source: 12kbw.co.uk

A context-dependent right to notice – EIN Blog

Posted January 21st, 2025 in licensing, news, sponsored immigrants, visas by tracey

‘Mr Tammina came to the UK in 2008. From 2014, he was employed by Ratna Marble and Granites, who sponsored his work visa. In October 2017, the Home Office suspended the employer’s visa sponsorship licence. In late December 2017, the Home Office permanently revoked their licence. Mr Tammina was therefore no longer eligible to work in the UK on the basis of the Ratna sponsorship.’

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EIN Blog, 21st January 2025

Source: www.ein.org.uk

Alyssa Nathanson-Tanner: The Irresistible Temptations of Patronage: Prime Ministerial Appointment of Crossbenchers – UK Constitutional Law Association

‘Among the many questions raised by the resignation of the Archbishop of Canterbury in November 2024, the peerage which has customarily been awarded by the Prime Minister hangs in the balance. The Prime Minister enjoys an unlimited discretion to appoint new peers, and since the Life Peerages Act 1958 has granted a life peerage on retirement from certain public offices, the Archbishop of Canterbury among them. Every Prime Minister in the 21st century has exercised their significant power of patronage in relation to these office holders, who join the Crossbenches of the House of Lords.’

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UK Constitutional Law Association, 21st January 2025

Source: ukconstitutionallaw.org

Securing special educational provision – Local Government Lawyer

‘The High Court has provided important guidance on the “absolute duty” to secure special educational provision, writes Ollie Persey.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Defending decisions taken in line with adopted licensing policies – Local Government Lawyer

Posted January 21st, 2025 in licensing, local government, news, taxis by tracey

‘Last month a High Court judge handed down an important judgment on the approach to departures from licensing policy. Josef Cannon KC looks at the lessons from the ruling.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

MPs revive inquiry into county court delays – Legal Futures

Posted January 21st, 2025 in county courts, delay, inquiries, news, select committees by tracey

‘The justice select committee has launched a new inquiry into the county court, “amid persistent concerns over capacity and resources”, after the previous one was cut short by the election.’

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Legal Futures, 21st January 2025

Source: www.legalfutures.co.uk

Aldi cider’s resemblance to Thatchers’ ‘cannot be coincidental’, CoA rules – Law Society’s Gazette

Posted January 21st, 2025 in food, news, trade marks by tracey

‘Cider maker Thatchers has succeeded in its appeal against budget supermarket Aldi for trade mark infringement over its cloudy lemon cider.’

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Law Society's Gazette, 20th January 2025

Source: www.lawgazette.co.uk