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Sunil Jayantha RupasinhaSunil Jayantha Rupasinha - Kent Traffic Law 11 Dec 2019 11:06
All you need to know about Penalty Points Disqualifications
What is a Penalty Points Disqualification? The penalties for committing motoring offences commonly include the power to disqualify from driving. However, it is more usual, unless an offence is regarded as particularly serious, for the court to consider the endorsement of penalty points and a fine more...
Motoring offences
Barry SmithBarry Smith - Scarmans Limited 11 Dec 2019 09:35
Company Directors: Legal Duties
Between July and September 2019 a total of 169,751 new incorporations were registered at Companies House, each with at least one director. It is possible to be registered as a Company Director with a few clicks on the Companies House website, and yet many individual directors do not appreciate the more...
Corporate (general)Corporate non-contentious (Bar)Corporate contentious (Bar)Corporate insolvency
Barry SmithBarry Smith - Scarmans Limited 9 Dec 2019 16:33
New European authority on tax compliance
Glencore Agriculture Hungary v Nemzeti Ado- es Vamhivatal Fellebbviteli Igazgatosaga For individuals and directors of businesses involved in certain types of trading, ensuring that your supply chain is free of tax evasion is important to comply with your regulatory duties. In some circumstances, an more...
Bribery, corruption and money launderingTax litigationRegulatory enforcementTax (general)White collar crime (general)Corporate fraud
Barry SmithBarry Smith - Scarmans Limited 9 Dec 2019 16:31
Admissibility of HMRC civil investigations in criminal investigations
It is not uncommon for businesses and individuals to be subject to inspections by HMRC of trading records during which informal interviews may be carried out by visiting officers. This is perfectly proper under the civil powers of HMRC to seize and inspect material which may be relevant to a civil more...
Bribery, corruption and money launderingTax litigationRegulatory enforcementTax (general)White collar crime (general)
Barry SmithBarry Smith - Scarmans Limited 9 Dec 2019 16:29
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
Confiscation and asset recoveryFreezing orders and asset recoveryCivil fraudWhite collar crime (general)Corporate fraud
Barry SmithBarry Smith - Scarmans Limited 9 Dec 2019 16:27
Cash Forfeiture and the Proceeds of Crime Act 2002
Cash forfeiture is the process whereby money that has been seized by authorised individuals, such as  the police or financial investigators, can be forfeited to the state following a hearing in the Magistrates’ Court under Part 5 of the Proceeds of Crime Act 2002. Other agencies which utilise these more...
Organised crimeDishonesty offencesInternational crimeConfiscation and asset recoveryBribery, corruption and money launderingCriminal (general)Regulatory enforcementCyber crimeWhite collar crime (general)Corporate fraud
QEB Hollis Whiteman 5 Dec 2019 11:59
Anne Whyte QC leading Julian Evans act for Greater Manchester Poilice in a JR against the Home Office
Anne Whyte QC leading Julian Evans have been instructed to act for Greater Manchester Police in a JR against the Home Office. The claimant has sought a declaration of incompatibility that the prohibition of the use of intercept evidence in criminal proceedings in section 56(1) and schedule 3 para 21 more...
Administrative and public law (general)
No5 Barristers' Chambers 5 Dec 2019 11:55
Nabila Mallick
Perspective: being a Muslim woman at the Bar
As the Bar Council marks 100 years since the Sex Disqualification (Removal) Act 1919, which first allowed women to practise as lawyers, Nabila Mallick of No5 Barrister’s Chambers, speaks about her experience as a Muslim woman at the Bar. When I was at Bar school I was one of four Muslim state school more...
Employment (general)Equality and discrimination
Peninsula Business Services 5 Dec 2019 10:58
Everything you need to know about Windows 7 End Of Life
With technology, as it is with life, one thing is certain - nothing stays the same and it always moves forward. This is especially true in the case of technology and gadgets. The world has seen exponential growth and innovation in the last decade which has brought forth innovative products and more...
Technology, media and communications (general)
Devereux Chambers 4 Dec 2019 16:18
Do they have the right to work: a review of Badara v Pulse Healthcare Ltd
Employers who engage workers with no right to work in the UK can suffer severe consequences, including significant civil penalties. However, dismissing workers or refusing to employ workers based on a genuine, but incorrect, view that they have no right to work can leave employers open to claims by more...
Employment (general)
Lex 4 Dec 2019 16:01
Constructive Dismissal
Constructive dismissal and compensation Constructive dismissal compensation is a complicated subject, but it is a situation that often enables you, as the employee, to negotiate a decent settlement agreement. This article sets out some of the many pitfalls which tend to thwart employees who want to more...
Dismissal
No5 Barristers' Chambers 4 Dec 2019 15:34
Stephen Goodfellow
Interim payments—the court is willing, but the evidence is weak (RXK v Hampshire Hospitals NHS Foundation Trust)
Personal Injury analysis: This analysis considers Master Cook’s judgment in RXK in which he sets out the circumstances in which the court will order an interim payment despite final quantification still being some years hence. It explains why this will be welcome news for claimant solicitors, even more...
Personal injury (general)
No5 Barristers' Chambers 4 Dec 2019 15:23
No5 Barristers’ Chambers counsel at centre of landmark ruling
Counsel from No5 Barristers’ Chambers represented parents who have been fighting for the right to protest against LGBT equality teaching in a Birmingham primary school. Ramby de Mello represented Shakeel Afsar, his sister Rosina Afsar and Amir Ahmed who contested the need for an injunction to more...
Administrative and public law (general)
Hardwicke 4 Dec 2019 15:15
There’s ADR…and Then There’s ADR: It’s Not All the Same
Lomax v Lomax [2019] EWCA Civ 1467 Background Under the Court’s general powers of case management, CPR r 3.1(2)(m) (‘the Rule’) provides that: (2) Except where these Rules provide otherwise, the court may – […] (m) take any other step or make any other order for the purpose of managing the case and more...
Alternative dispute resolution (general)
Walker Morris LLP 4 Dec 2019 15:06
Execution of documents: UK banks focus on Treating Customers Fairly
Executing documents in today’s fast-paced, technology-driven world In today’s mortgage market, consumers are increasingly used to conducting their social and financial lives at the click of a button. Despite conveyancers, consumers and lenders all moving towards increased digitisation, the live more...
Commercial (general)
Walker Morris LLP 4 Dec 2019 14:53
Observer or shadow director? – Investors must make sure they know the difference.
A board observer will not, on the face of it, be a director of the company. However, care should be exercised by any person that is appointed as an observer as, depending on the level of involvement that they have in the proceedings at directors’ meetings, they may be regarded as a shadow director more...
Administrative and public law (general)
Six Pump Court 4 Dec 2019 11:16
Environmental Law News Update
In this latest Environmental Law News Update, Mark Davies, Angelica Rokad and William McBarnet consider the first ever televised climate change debate, coverage of environmental issues in the Conservative election manifesto and the recent prosecution of Weetabix for polluting the River Ise. First more...
Environment
1 Crown Office Row 4 Dec 2019 11:14
Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful
R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56 In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks more...
Asylum
Advocate 3 Dec 2019 14:26
This Christmas, give the gift of access to justice.
What if £5 could be £10, £50 could be £100 and £100 could be £200? Thanks to The Big Give's #ChristmasChallenge19, from now until midday on Tuesday 10th December, donations made to us using this link will be DOUBLED! And if the idea of your donation being doubled isn’t enough to tempt you, everyone more...
Administrative and public law (general)
Ten Old Square - Chancery and Commercial Barristers 3 Dec 2019 14:14
Sam Laughton considers the ruling in Aldford House Freehold Ltd V Grosvenor
Sam Laughton has produced a property analysis on the case of Aldford House Freehold Ltd v Grosvenor with Lexis Nexis: The Court of Appeal held that a separate set of premises is not a flat (as defined) unless at some stage in its history it has reached a stage of construction to be suitable for use more...
Property (general)
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