Legal updates – Page 12
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A ‘setback’ for unexplained wealth orders
On 8 April, two prominent Kazakhstan citizens successfully persuaded the High Court to discharge three unexplained wealth orders (National Crime Agency v Baker and ors [2020] EWHC 822 (Admin)). The UWOs related to three London homes owned for the benefit of Nurali Aliyev and his Kazakh politician mother, Dariga Nazarbayeva. ...
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Rowing back on vicarious liability
Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer.
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Local democracy survives Covid-19
A near 50-year-old way of administering local democracy was in danger of coming to a rather abrupt halt.
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Morrisons’ data breach win
Ruling will be a relief to companies, but that relief may be misplaced.
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Legal realities of an ‘extension’ to the football season
by Sport Resolutions’ panel member John Mehrzad QC and Joe Bryan, both from Littleton Chambers’ Sports Law Group.
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Why did government not use the Civil Contingencies Act?
Everybody should accept that there is a public health emergency, but whether the Coronavirus Act is the best medicine is in doubt.
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The relevance of pre-contract information
In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor.
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COVID-19: Managing health and risk whilst in police custody - an update
National Police Chiefs’ Council’s strategic overview and guidance for forces concerning custody function during pandemic is essential reading.
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Environmental law: Mapping MEES
Section 1 of the Climate Change Act 2008 (CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, requires that UK carbon levels are reduced by 100% (from 1990 levels), including greenhouse gas emissions from buildings. The Energy Efficiency (Private Rented Property) (England and Wales) ...
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Criminal law: a roundup
Police execution of duty Many practitioners will be faced with a potential argument that a police constable who makes physical contact with a defendant has acted beyond the execution of their duty. In Pegram v Director of Public Prosecutions [2019] EWHC 2673 QBD, the court provided a useful reminder that ...
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Financial Remedies Courts
The Good Practice Protocol sets out some important developments in respect of best practice.