Whose landlord is this? Rent to Rent and Rent Repayment Orders again. – Nearly Legal

Posted September 10th, 2024 in landlord & tenant, news, rent, repayment by sally

‘Kumar v Kolev & Ors (2024) UKUT 255 (LC). An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our note), no RRO could be made against him.’

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Nearly Legal, 8th September 2024

Source: nearlylegal.co.uk

High Court will take pragmatic approach to protect crypto fraud victims – OUT-LAW.com

‘A recent High Court of England and Wales decision shows that the English courts are willing to interpret procedural service rules under the Civil Procedure Rules (CPR) pragmatically to facilitate justice for victims of crypto fraud, an expert has said.’

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OUT-LAW.com, 9th September 2024

Source: www.pinsentmasons.com

UK signs first international treaty addressing risks of artificial intelligence – Ministry of Justice

Posted September 10th, 2024 in artificial intelligence, international law, news, treaties by sally

‘Human rights, democracy and the rule of law will be further protected from potential threats posed by artificial intelligence (AI) under a new international agreement to be signed by Lord Chancellor Shabana Mahmood today (5 September 2024).’

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Ministry of Justice, 5th September 2024

Source: www.gov.uk

“Ariyo, Round 2” – Local Government Lawyer

Posted September 10th, 2024 in immunity, interpretation, local government, news, planning by sally

‘The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.’

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Local Government Lawyer, 5th September

Source: www.localgovernmentlawyer.co.uk

Bar tribunal hands ‘opera assault’ lawyer harsher sanction than SRA – Legal Futures

‘A dual-qualified lawyer convicted of beating a man in a confrontation at the Royal Opera House has been handed a harsher sanction by a Bar disciplinary tribunal than the Solicitors Regulation Authority (SRA).’

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Legal Futures, 10th September 2024

Source: www.legalfutures.co.uk

Judge refuses to point finger at solicitor over witness statement failure – Legal Futures

Posted September 10th, 2024 in news, practice directions, solicitors, witnesses by sally

‘Another party has fallen victim to the rules on witness statements, but the High Court has declined to order their solicitor to explain how the failure to comply came about.’

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Legal Futures, 10th September 2024

Source: www.legalfutures.co.uk

Chambers loses appeal in ‘novel’ case for business rates reduction – Law Society’s Gazette

Posted September 10th, 2024 in barristers, London, news, rates, valuation by sally

‘A London chambers has failed to show rooms occupied by barristers are individual properties and thus would be entitled to a reduction in business rates.’

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Law Society's Gazette, 9th September 2024

Source: www.lawgazette.co.uk

Prisoner early release begins to ease overcrowding – BBC News

Posted September 10th, 2024 in early release, imprisonment, Ministry of Justice, news, prisons by sally

‘Up to 1,750 offenders have spent their last night in prison ahead of being released under the Ministry of Justice’s emergency plan to ease the overcrowding crisis in jails.’

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BBC News, 9th September 2024

Source: www.bbc.co.uk

Man convicted in ‘landmark’ FGM conspiracy case – BBC News

Posted September 10th, 2024 in conspiracy, female genital mutilation, news, prosecutions by sally

‘A former PhD student has been found guilty of conspiring to commit female genital mutilation (FGM) in what has been described as a “landmark case”.’

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BBC News, 9th September 2024

Source: www.bbc.co.uk

Mel B among Britons taking fight against afro hair discrimination to parliament – The Guardian

Posted September 10th, 2024 in equality, minorities, news, race discrimination by sally

‘The Labour MP Paulette Hamilton and singer Mel B are among leading Black Britons urging parliamentarians to make the UK the first western country to introduce a law to end afro hair discrimination.’

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The Guardian, 10th September 2024

Source: www.theguardian.com

Britons should be able to use wider range of ID to vote, says watchdog – The Guardian

Posted September 10th, 2024 in elections, identification, news, statistics by sally

‘Ministers should expand the ID that people can use to vote, the elections watchdog has recommended, after a report found as many as 750,000 people might not have voted in the 2024 general election because they lacked the necessary documents.’

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The Guardian, 10th September 2024

Source: www.theguardian.com

Great Ormond Street Hospital launches urgent review over concerns about former surgeon – The Independent

Posted September 10th, 2024 in children, doctors, hospitals, news, professional conduct, standards by sally

‘Great Ormond Street Hospital has begun an urgent review into hundreds of cases of children seen by one of its former consultant orthopaedic surgeons after concerns were raised about his practice, according to reports.’

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The Independent, 9th September 2024

Source: www.independent.co.uk

Lucy Letby – latest: Inquiry to begin into baby murders at NHS hospital as appeal attempt launched – The Independent

Posted September 10th, 2024 in appeals, children, hospitals, inquiries, murder, news, nurses by sally

‘A public inquiry begins on Tuesday into the events surrounding the crimes of child serial killer nurse Lucy Letby.’

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The Independent, 10th September 2024

Source: www.independent.co.uk

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Derivative residence rights and the EU Settlement Scheme – Doughty Street Chambers

Posted September 5th, 2024 in brexit, carers, chambers articles, EC law, immigration, judicial review, news by sally

‘On 30 July 2024, the Court of Appeal refused the claimants permission to appeal against the judgment of Mr Justice Eyre R(Akinsanya and Aning-Adjei) v SSHD [2024] EWHC 469 (Admin). The Court’s decision closes a significant chapter in the long-running litigation on the route to settlement for Zambrano carers under the EU Settlement Scheme. This article is aimed at helping those affected and their advisers to understand the latest judgment and consider what if anything they can do next to hasten their path to settlement.’

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Doughty Street Chambers, 28th August 2024

Source: insights.doughtystreet.co.uk

Watchdog makes big cut to fraud compensation plans – BBC News

Posted September 5th, 2024 in banking, codes of practice, compensation, consumer protection, fraud, news by sally

‘The official payment watchdog has considerably scaled back proposed rules designed to force banks and payment companies to refund fraud victims.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

Assets in Limbo: Russia Sanctions and the Saga of Intestate Estate – Becket Chambers

Posted September 5th, 2024 in chambers articles, intestacy, news, Russia, sanctions by sally

‘In response to Russia’s annexation of Crimea and its activities in Ukraine, a series of complex sanctions were imposed by the European Union. These sanctions were codified in instruments such as the Russia (Sanctions) (EU Exit) Regulations 2019. The legal framework of these sanctions includes extensive provisions for asset freezing, prohibitions on financial transactions, and restrictions on access to international markets.’

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Becket Chambers, 1st August 2024

Source: becket-chambers.co.uk

Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947 – St Philips Barristers

Posted September 5th, 2024 in appeals, environmental protection, health & safety, news, sentencing by sally

‘On Friday 9 August 2024 the Court of Appeal released its judgment in the appeal of Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947. James Puzey appeared for the HSE with John Cooper KC and Elizabeth Boon for Exolum. The Company’s appeal against conviction was dismissed and its appeal against sentence was allowed. The Company operates the largest fuel pipeline network in the UK. On 9 March 2018 an underground, high pressure, fuel pipeline in Lincolnshire was suspected to be leaking petrol, albeit that was uncertain. The Company engaged a contractor and its own staff to investigate whether there was a leak. This was carried out by digging up the pipeline whilst it was still at high pressure and still pumping petrol.’

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St Philips Barristers, 14th August 2024

Source: st-philips.com

Virgin Media v NTL Pension Trustees II – Case Analysis by Henry Day – Radcliffe Chambers

Posted September 5th, 2024 in contracting out, news, pensions, regulations, statutory interpretation by sally

‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’

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Radcliffe Chambers, 19th August 2024

Source: radcliffechambers.com

Restraint Orders: Is Complexity of Financial Structures and Indicator of Dishonesty – Expert Witness Journal

Posted September 5th, 2024 in corruption, fraud, money laundering, news, proceeds of crime, restraint orders by sally

‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a “complex web”, “designed to obfuscate” or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’

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Expert Witness Journal, August 2024

Source: www.paperturn-view.com