CoA: Mega Marshmallow VAT treatment hangs on whether they are ‘eaten with fingers’ – OUT-LAW.com

Posted March 28th, 2025 in appeals, food, news, statutory interpretation, taxation, VAT by sally

‘Companies in the food and drinks sector must pay close attention to potential VAT treatment when developing new products, as a recent ruling by the Court of Appeal in London shows that the treatment often hinges on small details, a tax expert has said.’

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OUT-LAW.com, 27th March 2025

Source: www.pinsentmasons.com

NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Fake £4m Xanax drug gang boss jailed – BBC News

Posted March 28th, 2025 in conspiracy, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A gang leader who co-ordinated a £4m fake Xanax drug-making operation in sheds and garages across the West Midlands has been jailed for eight years.’

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BBC News, 27th March 2025

Source: www.bbc.co.uk

The place of deemed fulfilment of condition – Legal Studies

Posted March 28th, 2025 in appeals, contracts, debts, news by sally

‘Where, on the face of a contract, the existence of a debt is conditional on the occurrence of a particular fact, and that fact has not occurred, because the person who promised payment has prevented it from occurring, does the debt arise nevertheless on the notion that the condition is then to be deemed fulfilled? In King Crude Carriers SA v Ridgebury November LLC, a unanimous Court of Appeal, reversing the judge, endorsed the effect of that notion while appearing to resituate it as a matter of contractual construction, based upon the objective intention of the contracting parties. That would be a step in the right direction. The precise nature of that notion remains murky, however, and would profit from further clarification.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

NHS hospital too slow to treat doctor’s son who died of sepsis, coroner rules – The Guardian

Posted March 28th, 2025 in bereavement, coroners, delay, doctors, hospitals, inquests, medical treatment, news by sally

‘A hospital failed to treat the son of one of its consultants with antibiotics and fluids with the required urgency hours before he died of sepsis, a coroner has ruled.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

High Court quashes council planning decision by consent on flood risk ground – Local Government Lawyer

Posted March 28th, 2025 in housing, local government, news, planning by sally

‘A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

OnlyFans fined £1m over inaccurate information on age checks – The Guardian

Posted March 28th, 2025 in children, fines, internet, news, pornography by sally

‘Ofcom has fined the subscription platform OnlyFans just over £1m for failing to provide accurate information about its age checks.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

The Upper Tribunal gives guidance on the burden of proof in s.15 disability discrimination claims – 3PB

‘The Upper Tribunal has once again taken the First Tier Tribunal firmly by the shoulders and given it a thorough lesson in how to handle Equality Act 2010 claims properly.’

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3PB, 12th March 2025

Source: www.3pb.co.uk

Some 1,280 children subject to deprivation of liberty applications in 2024, with order made in almost 90% of cases issued: MoJ – Local Government Lawyer

‘New data published by the Ministry of Justice has revealed that 1,280 children were subject to applications to deprive them of their liberty in 2024 in England and Wales, down from 1,368 in 2023.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

The Demise of the `Voluntarist Exclusion Zone?’ – Industrial Law Journal

‘In Secretary of State for the Environment v PCSU [2024] UKSC 41the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.1 The relevance of the presumption in s. 179 of the Trade Union and Labour Relations (Consolidation) Act 1992 to collectively agreed obligations which are incorporated in an employment contract was at the heart of the litigation. The Supreme Court found in favour of the trade union and this well prove beneficial to unions in future cases centring on third party rights. I would suggest that the decision also has significant implications for cases on incorporation of collectively agreed terms. It is also conceivable that the debate as to the merits of direct enforcement of collective agreements will be reopened.’

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Industrial Law Journal, 6th February 2025

Source: academic.oup.com

City trader jailed for Libor rigging says he was convicted in a ‘morality trial’ – The Guardian

‘The City trader jailed for Libor rigging in 2015 has said he believes he was convicted during a “morality trial” of bankers’ conduct, as he concluded his fight to clear his name at the UK’s highest court.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

Killers could serve shorter jail terms for good behaviour in radical overhaul of sentencing, justice minister signals – The Independent

‘Killers and other serious offenders could serve shorter sentences for good behaviour in a radical overhaul of sentencing to ease the prison capacity crisis, the justice secretary has signalled.’

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The Independent, 28th March 2025

Source: www.independent.co.uk

University of Sussex taking legal action over £585,000 free speech fine – The Guardian

‘The University of Sussex is taking legal action to overturn a record fine levied by England’s higher education regulator, accusing the regulator of seeking to “persecute” it rather than solve problems.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

A common law power to dissect: a medico-legal history – Medical Law Review

Posted March 27th, 2025 in doctors, legal history, news by sally

‘Some jurists claimed there was a common law power to dissect the human body prior to and outside of the Anatomy Act 1832. That power formed part of the privileges of physicians, surgeons, and apothecaries, and, accordingly, the common law to the extent it recognized those privileges. It is best evidenced in the late-nineteenth and early-twentieth centuries—most authoritatively by the Court of Queen’s Bench in R v Price in 1884, the Québec Superior Court in Phillips v Montreal General Hospital in 1908, and the reasons of the inquiry into the conduct Dr William Ramsay Smith in 1903, but also in the comments of writers in law manuals until the mid-twentieth century. The existence of a common law power to dissect challenges narratives ordinarily told about the history of anatomy law specifically and the law of the dead generally. The power may also still exist if legislation in a jurisdiction has not displaced or substantially altered it. Through medico-legal history, the author argues that the medical lawyer can benefit from re-examining old doctrines. Heterodox elements in old doctrines suggest alternative possibilities for the law, allowing medical law’s histories to be retold.’

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Medical Law Review, 13th February 2025

Source: academic.oup.com

Defending the Integrity Principle: Necessity, Remorse and Moral Consistency in the Protest Trial – Oxford Journal of Legal Studies

Posted March 27th, 2025 in criminal justice, demonstrations, news, trials by sally

‘The protest trial has distinctive features and should be governed by what we term the ‘integrity principle’: it should respect the moral consistency of the defendant; justifications, not excuses, should be privileged; and the ‘remorse principle’ should not apply. As such, the trial should enable effective communication where the defendant is held to account in meaningful terms. We apply this argument to three high-profile protest trials: the Frack Free Three; the Stansted 15; and the Colston 4. Using observation data, we argue the first two trials and subsequent appellant court rulings failed to respect the integrity principle. The third case provides a contrast: the defendants maintained moral consistency, and gave an authentic and contextualised account. This was, however, at some cost of political divestment. Nevertheless, the Colston 4 trial is exceptional in a process that typically pays little operational respect to the integrity principle.’

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Oxford Journal of Legal Studies, 14th March 2025

Source: academic.oup.com

Economic Torts and Injured Feelings – Cambridge Law Journal

Posted March 27th, 2025 in appeals, damages, defamation, malicious falsehood, news, Supreme Court by sally

‘George v Cannell [2024 UKSC 19, [2024] 3 W.L.R. 153 is the first time in over a century that the UK’s highest court has substantively considered the economic tort of malicious falsehood. Sometimes known as injurious falsehood or slander of title, at common law this tort requires a falsehood, published maliciously which is calculated to produce, and does produce, “special damage” – namely, pecuniary loss.’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Reasonable accommodation for disabled university students: University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB) – Legal Studies

‘Natasha Abrahart was a physics student at the University of Bristol. She was suffering from depression and social anxiety disorder, which seriously impacted her ability to partake in oral assessments. Eventually, Natasha sadly took her own life. Her father, Dr Robert Abrahart, as personal representative and estate administrator, sued the University of Bristol for negligence and breach of sections 15, 19 and 20 of the Equality Act 2010, read with section 91(2)(a) and/or (f) of the same Act. Under such provisions, universities have a duty to provide reasonable adjustments and support, in educational provision and assessments, to disabled students, defined by section 6(1) of the Equality Act 2010 as ‘a physical or mental impairment’ which has ‘a substantial and long-term adverse effect’ on the ability to ‘carry out normal day-to-day activities’. However, Schedule 13, para 4(2), to the Equality Act 2010 exempts those assessments which constitute a competency standard, defined as ‘an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability’.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

Sarah Everard’s family calls for harsher sentences – BBC News

‘Sarah Everard’s parents are campaigning for tougher sentencing for serious violent and sexual criminals as part of a new campaign group being launched in Parliament.’

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BBC News, 26th March 2025

Source: www.bbc.co.uk

How (and when) does party matter? Explaining MPs’ positions on assisted dying/assisted suicide – Parliamentary Affairs

Posted March 27th, 2025 in assisted suicide, bills, news, parliament, political parties by sally

‘While the legalisation of assisted dying/assisted suicide (AD/AS) has enjoyed sustained public support for several decades, Parliament has repeatedly voted decisively against legalisation. This article explores this parliamentary deviation from citizens’ preferences by explaining what shapes MPs’ positions on this free vote issue and, in particular, how (and when) party matters in shaping these positions. It considers both the last Commons vote in 2015 and developments up to July 2024, thus avoiding a snapshot analysis of a single moment in time. It finds that while party mattered in the 2015 vote, it was one of many factors that mattered, and was not obviously the most important. However, developments since 2015 suggest that party is likely to play a greater role in the next vote, which is expected in the current parliamentary term.’

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Parliamentary Affairs, 1st March 2025

Source: academic.oup.com

Man guilty of murdering partner by strangling her – BBC News

Posted March 27th, 2025 in alcohol abuse, domestic violence, drug offences, families, murder, news by sally

‘A man has been found guilty of “brutally” murdering his partner by strangling her at the home they shared following an argument.’

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BBC News, 26th March 2025

Source: www.bbc.co.uk