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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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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