Podcasts about ewhc

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.43), including Grenfell litigation, private sector involvement in building control and gateway 2 delays. They also discuss the judgments in Lapp Industries Ltd v 1st Formations Ltd [2025] EWHC 943 (TCC) (starts at 10.31), Jaevee Homes v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC) (starts at 16.15), R (on the application of Glaister and another) v Assistant Coroner for North Wales [2025] EWHC 1018 (Admin) (starts at 28.23), R (on the application of Frederick Ayinde) v The London Borough of Haringey [2025] EWHC 1040 (Admin) (starts at 37.28) and Skykomish Ltd v Gerald Eve LLP [2025] EWHC 1031 (Ch) (starts at 46.34).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.58), before moving on to the NEC4's new practice note on using conflict avoidance clauses (starts at 19.00). They also analyse the judgment in Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380 (starts at 27.22). Finally, they briefly highlight the launch of the new National Infrastructure and Service Transformation Authority (starts at 32.39) and discuss the judgment in Vitsoe Ltd v Waugh Thistleton Architects Ltd [2025] EWHC 850 (TCC) (starts at 36.45).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the Government's response to the Grenfell Tower public inquiry report and the new building safety levy (starts at 01:06). They also analyse the judgments in 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd [2024] EWHC 3569 (starts at 31:56), BDW Trading Ltd v Ardmore Construction Ltd [2025] EWHC 434 (TCC) (starts at 24:07) and John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) (starts at 38:51). Finally, they briefly discuss the TCC annual report and other construction related news (starts at 45:12).

Host Sarah Henry is joined by Partner Solicitor Nusrat Uddin, Head of the Public Law and Human Rights department at Wilsons Solicitors. In this episode, Nusrat shares insights into her work, with a focus on modern slavery, forced labour, and human trafficking. She discusses several groundbreaking cases she has worked on, as well as her involvement in Business and Human Rights cases, particularly those addressing forced labour within supply chains. Nusrat Uddin specialises in public law and human rights, with a particular focus on modern slavery, forced labour and human trafficking. She brings cases against central and local government bodies for failing their duties, as well as claims against those who have exploited their workers. In 2023 she was awarded Public Law Lawyer of the Year in the Legal Aid Lawyer of the year awards. Nusrat also specialises in Business and Human Rights work. She has provided evidence for several US investigations into complaints against companies, from the fashion industry through to rubber gloves. US authorities have banned products from entering the US where indicators of forced labour in supply chains have been found. She believes the UK's approach is far weaker and is critical of the Modern Slavery Act's approach. Nusrat's team have pioneered the first case against the UK authorities in relation to forced labour in their own supply chains, which settled with the government conceding and agreeing to improve their due diligence. The case was covered widely in the media and Nusrat was interviewed by Channel 4 News which can be seen here. She is currently building a second case in relation to the government's due diligence of Uyghur made products in their supply chain. Nusrat was instructed in the key Supreme Court case of Wong v Basfar 2022 dealing with diplomatic immunity in trafficking civil claims. The Supreme Court established for the first time worldwide, a current diplomat is not protected from claims of human trafficking. The judgment was groundbreaking with global political implications. Nusrat was presented with the 2022 Anti-Slavery Day Award for Outstanding Contribution to Reducing Vulnerabilities, in Parliament, for her work on this case. Nusrat has a particular focus on improving state support for victims of trafficking and modern slavery. Last year she was instructed in the lead case, K and AM v SSHD [2018] EWHC 2951 (Admin), challenging the cuts by the Home Office to subsistence monies paid to support victims. The High Court found the cuts to be unlawful, resulting in victim support being reinstated to the full amount, and rebates being paid of around £1 million. She often advocates for safeguarding support and accommodation for victims who are facing homelessness and risks of further exploitation. Nusrat was profiled as Lawyer in the News in the Law Society Gazette for the successful case. Nusrat was also awarded a Research Fellowship by the Winston Churchill Memorial Trust to compare the UK's models of support to those in the US and Europe, for victims of trafficking and modern slavery who are involved with criminal prosecutions against their traffickers. She presented her research findings at the end of last year and made recommendations to improve the UK's systems. The research has been shared widely, including by Anti-Slavery International and endorsed by Luis deBaca who was the US ambassador for trafficking. She also gave oral evidence in Parliament to the Home Affairs Select Committee for their Inquiry into Modern Slavery in 2019. She outlined key issues for victims in relation to support services, immigration and the criminal justice system; particularly highlighting problems of victims being wrongfully criminalised by the police and immigration systems, instead of being correctly identified and protected. Nusrat is also currently instructed in a significant challenge to police policies in relation to this issue. In recognition of her work in this field, Nusrat was shortlisted in the 2019 Anti-Slavery Day Awards, for Outstanding Contribution to the fight against Slavery, in the Enabling and Supporting Survivor Rights and Entitlements category. Nusrat was Highly Commended in the 2019 Law Society Excellence Awards for Human Rights Lawyer of the Year. Nusrat was also shortlisted as a finalist for Legal Aid Lawyer of the Year 2019, in the Children's Rights category, organised by the Legal Aid Practitioners Group. Nusrat has gained international experience having worked in the Human Rights and Legal Aid department of BRAC in Bangladesh, (formerly Bangladesh Rural Advancement Committee) one of the world's largest NGOs. She also volunteered at Al-Haq, a Human Rights NGO based in Palestine, building potential cases against corporations operating in the West Bank. Nusrat is currently a Trustee of Lawyers for Palestinian Human Rights.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the building safety levy and EWS1 forms (starts at 02.24). They also analyse the judgments in Placefirst Construction Ltd v CAR Construction (North East) Ltd [2025] EWHC 100 (TCC) (starts at 22.05), DKH Retail Ltd and others v City Football Group Ltd [2024] EWHC 3231 (Ch) (starts at 35.17) and Olsen and another v Finansiel Stabilitet A/S [2025] EWHC 42 (KB) (starts at 39.19).

This episode is a strong start to the year.  It is essential listening for all professionals working with separating families.  We are joined by Jenny Beck KC (Beck Fitzgerald) , Dr Jamie Craig (Consultant Clinical Psychologist) and Zoe Fleetwood (Mills & Reeve) to discuss children that are reluctant, resistant or refusing to see the other parent, as well as parents engaging in psychological manipulation of their children by alienating behaviour. We examine the Family Justice Council guidance in this area. The report is both erudite and succient at only 30 pages long and should be read by everyone involved in this field:https://www.judiciary.uk/wp-content/uploads/2024/12/Family-Justice-Council-Guidance-on-responding-to-allegations-of-alienating-behaviour-2024-1-1.pdf Zoe reminds of what has happened in the last 10 years to lead us here from PD12J, to the presumption in favour of a parent's involvement which was inserted into the Children Act in 2014, LASPO which removed legal aid, the Domestic Abuse Act, Re HN , RE C [2023] EWHC 345 (Fam), Re S (Parental Alienation: Cult) : [2020] EWCA Civ 568 https://www.judiciary.uk/wp-content/uploads/2020/04/re-s-a-child-judgment290420.pdf, the Harm report from 2020, and the Domestic Commissioner's Abuse Commissioners report of 2023https://domesticabusecommissioner.uk/wp-content/uploads/2023/07/DAC_Family-Court-Report-_2023_Digital.pdf. Zoe concludes with the case of Re (Parental Alienation: Factual Findings) [2024] EWFC 75 which maybe an example of the Court starting to change coursehttps://www.bailii.org/ew/cases/EWFC/OJ/2024/75.html Jenny reminds us that there are three elements that a Court needs to find before concluding there have been alienating behaviours:There must actually be a child who is reluctant, refusing or resistant to engage in a relationship with a parent;That reluctant, refusal or resistant must be as a result of something other than appropriate justified rejection, or caused by alignment, affinity or attachment.It has to be as a result of other behaviours that has impacted the child and that has led to the child's reluctance, refusal or resistance.Jamie points out that the child's behaviour is not evidence of the adult's behaviour.  Nor is the absence of a reason for a child not to want to see the other parent proof that a child is alienating. The guidance reminds us that there is not a equivalence between domestic abuse and parental alienation.  The guidance also reminds us about the importance of the choosing appropriately qualified experts in complex family situations. Jamie warns us of the dangers of pseudo-science and the psychobabble.  He cautions against jumping to a conclusion that a child has been alienated if they are reluctant, refusing or resistant to the other parent.  For example, a child may just be exhibiting attachment response, or a child demonstrating an affinity for a particular parent, or they may have come to their own decision about how they have understood the situation. All of this is not to say that there are never occasions when parents have psychologically manipulated their children. We know that they do.  Indeed, sometimes perpetrators of abuse psychologically manipulate children to believe the other parent is a danger.  The point is that the burden of proof should not be reversed, and the Court approaching the case as if a parent has to prove they are not engaging in alienating behaviours. Zoe links back to when we last discussed this topic from March 2022; Finding the Middle Ground; Parental alienation and High conflict cases, with Dr Mark Berelowitz and Alex Verdan KC.https://resolution.org.uk/podcast/resolution-podcast-season-1/ Finally we ask our guests to wrestle with the question of what professionals should do if they have been involved in a case where the Court has relied on advice from an expert who lacked the appropriate qualifications, or has made recommendations based on what we do is pseudo-science.  Jenny suggests that if there has been an error in process then the professional or the Court may now need to engage with what is in the best interest of the child, therefore an appeal out of time maybe an appropriate step in some cases.  Please note that Jenny and Jamie were the Chairs of the Family Justice Council working group that wrote the guidance.  However, they appear on this episode in their personal capacity and were not speaking on behalf of the Council.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss FIDIC's new practice note on appointing dispute boards and the results of King's College London's 2024 international survey on dispute boards (starts at 02.32). They also analyse the judgments in 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd [2024] EWHC 3179 (TCC) (starts at 11.01), BNP Paribas Depository Services Ltd v Briggs & Forrester Engineering Services Ltd [2024] EWHC 2903 (TCC) (starts at 12.53), BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 (TCC) (starts at 27.30) and Sky UK Ltd v Riverstone Managing Agency Ltd [2024] EWCA Civ 1567 (starts at 43.29).

Explore the pivotal legal challenges and anticipate risk areas that are set to define the UK real estate disputes in 2025, from sustainability mandates to tenant insolvency and landmark legislative changes. The UK real estate sector is poised for significant legal developments in 2025. Ashurst’s specialist real estate disputes lawyers Alison Hardy, Joe Perry-Courtade, and Debbie Eliad unpack the key legal issues, trends, and cases shaping the industry. From the push for net zero to the latest developments in tenant insolvency, this discussion provides insights to help stakeholders navigate an evolving landscape. Episode talking points include: • Net Zero Targets: The growing focus on energy-efficient retrofits and sustainability is driving disputes over stranded assets, demolition vs. retrofitting, and service charges for funding upgrades. • The Building Safety Act: Key rulings like Triathlon Homes are reshaping landlord and developer obligations, with significant appeals expected in 2025. • Service Charge Disputes: Cases such as Brewster House highlight the tension between landlord obligations and tenant liabilities for structural defects. • Landlord and Tenant Act 1954 Consultation: Proposed reforms could dramatically alter security of tenure rights in the commercial leasehold market. • Telecoms Code Challenges: Disputes over old agreements, leases, and renewal rights remain contentious, with key clarifications needed. • Tenant Insolvency and Restructuring Plans: The Cineworld case showcases how restructuring plans are impacting landlords and tenants, with valuable lessons for proactive negotiation. List of cases discussed: · Triathlon Homes LLP -v- Stratford Village Development Partnership and others [2024] UKFTT 26 (PC) · Adriatic Land 5 Limited -v- The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC) · The London Borough of Tower Hamlets -v- Lessees of Brewster House and Malting House [2024] UKUT 193 (LC) · AP Wireless -v- On Tower UK Limited [2024] UKUT 263 (LC) · Gravesham Borough Council -v- On Tower UK Ltd [2024] UKUT 151 (LC) · UK Commercial Property Finance Holdings Ltd -v- Cine-UK Ltd & Anor [2024] EWHC 2475 (Ch) · Responding to the consultation on the Landlord and Tenant Act 1954. To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.

Emma Humphreys and Laura Bushaway are joined by Guy Fetherstonhaugh KC and Imogen Dodds of Falcon Chambers to look at what lies ahead for property law during 2025.  Themes discussed include the Law Commission's consultation on the Landlord and Tenant Act 1954, upcoming appeals related to the Building Safety Act 2022 in March 2025 and an interesting case on injunctions against protestors. The cases and legislation referred to in this episode of Property Patter are: Landlord and Tenant Act 1954 (and Guy refers to TFS Stores Ltd v. BMG (Ashford) Ltd & Ors [2021] EWCA Civ 688 – see TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner: The end of the road | Falcon Chambers) Leisurespace v. CRT Property Investments – Newcastle-Upon-Tyne Crown Court – Hearing in February 2025 University of London v. Harvie-Clark [2024] EWHC 2895 – Final Injunction to be heard in 2025 (relating to protestors) Building Safety Act 2022 Adriatic Land 5 Limited v. Long Leaseholders at Hippersley Point [2023] UKUT 271 – Court of Appeal hearing on 17 March 2025 Triathlon Homes LLP v. Stratford Village Development Partnership & Others [2024] UKFTT 26 – Court of Appeal hearing on 19 March 2025 Other references: Forthcoming book “Injunctions protecting land” by Falcon Chambers (due for publication later in 2025) The 50th anniversary of the Blundell Lecture series – this is an annual series of four lectures discussing topical issues in Property Law. Guy Fetherstonhaugh KC will be speaking at one of the lectures taking place in June 2025.  The dates for 2025 are 3, 10, 17 and 24 June.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (including the government's remediation acceleration plan) (starts at 02.02), before moving on to the judgments in Complete Ceiling and Partitioning Systems Ltd v DE1 Ltd [2024] EWHC 2800 (TCC) (starts at 09.02) and Malin Industrial Concrete Floors Ltd v Volkerfitzpatrick Ltd [2024] EWHC 2890 (TCC) (starts at 20.10). They also discuss the Adjudication Society and King's College's third report on UK construction adjudication (starts at 25.55). Finally, they mention the judgment in My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC) (starts at 38.32).

In this episode, we explore some of the current talking points for policyholders in the energy sector which were explored at a session we co-hosted with Airmic (the UK association of Insurance and Risk) at the Onshore Energy Conference in London in November 2024: • LEG clauses – which we cover in detail in Episode 1 of Insurance Bites https://soundcloud.com/herbert-smith-freehills/insurance-bites-ep1 • A recently certified competition case – Spottiswoode v Nexans France SAS & others [2024] CAT 31 • The first case on section 11 of the Insurance Act - MOK Petro Energy FZC v Argo [2024] EWHC 1935 (Comm) • PFAS or "forever chemicals"

Our Special Guest this week is Pooja Agrawal is the Chief Executive Officer and co-founder of Public Practice. Public Practice is a not-for-profit organisation that builds the skills and capability of the public sector to improve the quality, equality and sustainability of places. Latest News Update on planning related matters. Decision of the High Court dated 13th November 2024 in White v Plymouth City Council [2024] EWHC 2854 (Admin), dismissing an application for contempt of court -made after a delay of 8 months - for allegedly interfering with the administration of justice relating to a decision to implement a redevelopment scheme comprising the felling of trees on Armada Way in March 2023. Decision of an inspector dated 11th November 2024 allowing an appeal a by Gladman Developments Ltd against the decision of the Central Bedfordshire Council to refuse an outline application for the erection of up to 170 dwellings including affordable housing with POS, landscaping, SUDs and access on an unallocated undeveloped site immediately adjoining the settlement of Langford. Issues around HLS, loss of BMV, heritage impacts and landscape impacts. Decision of an inspector dated 7th November 2024 allowing an appeal by M Scott Properties Ltd against the decision of the St Albans City & District Council to refuse an outline application for up to 95 dwellings on green belt land between Caravan Site and Watling Street, Park Street, St Albans, in the context of a 1.7 yr HLS on a site proposed to be allocated in the approved ELP, at the Reg 19 stage, VSC found. Visit our Website: hwgpnfy.com #HWGPNFY

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the judgment in Nicholas Blomfield & Others v Monier Road - Smoke House & Curing House, Bow, London 00BG/HYI/2023/0024 (starts at 00.59), before moving on to other building safety developments (starts at 07.36). They also discuss mandatory mediation in the courts (starts at 11.16), as well as the judgment in Workman Properties Ltd v Adi Building and Refurbishment Ltd [2024] EWHC 2627 (TCC) (starts at 18.39). Finally, they mention the JCT's 2024 Edition of its Major Project Construction Contract family, Prime Cost Building Contract, and Constructing Excellence Contract family (starts at 31.23) and reasons for amending the JCT standard forms (starts at 33.14), before ending the episode by briefly discuss the Autumn 2024 Budget (starts at 42.28).

Our Special Guest this week is Rachel Danemann MRTPI CIHCM AssocRICS, Planning Manager (Midlands & South West) Home Builders Federation. Latest News Update on planning related matters. Decision of the Court of Appeal dated 16th October 2024 in R (oao Save Stonehenge World) v Secretary of State for Transport [2024] EWHC 1227 (Admin), dismissing the appeal on grounds 1 to 5, allowing the appeal against refusal of permission on ground 6 but dismissing the claim itself. Decision of an inspector dated 30th October 2024 allowing Appeal A and dismissing Appeal B by Finebeam Ltd against the decisions of the Council of the London Borough of Newham to refuse applications for the demolition of 3 storey buildings & planning permission for 74 and 72 dwellings at Abbey House, Bakers Row, Stratford giving rise to issues on design, daylight & sunlight, heritage impacts on Abbey Gardens, a SAM, AH & HLS. Decision of an inspector dated 30th October 2024 dismissing an appeal by Gladman Developments Ltd Associated against the decision of the Cherwell District Council to refuse an outline application for up to 60 dwellings on land at Tadmarton Road, Bloxham, an unallocated site in the countryside– in large part a former quarry-in the context of issues on flood risk, noise, odour and water infrastructure. Charlie Banner KC review proposes roadmap to speed up delivery of national infrastructure: ⁠https://www.gov.uk/government/publications/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects⁠ Visit our Website: hwgpnfy.com #HWGPNFY

Our Special Guest this week is Phill Bamford, Policy Director at the Land, Planning & Development Federation. Also featuring, standing in for Charlie Banner this week, is Thea Osmund-Smith from No.5 Chambers. Latest News Updates on planning related matters. A decision of the High Court dated 3rd October 2024 in Farnham Town Council   v Secretary of State for LUH&C, Wates Developments Ltd et al. [2024] EWHC 2458 (Admin), on a S288 statutory challenge to the grant of planning permission allowed on appeal where service of proceedings was late. Did the court have power to extend time and if so, should it? A decision of an inspector dated 30th September 2024 allowing an appeal by Terra Strategic against the decision of Wiltshire Council to refuse an application for outline planning permission for up to 53 dwellings on land to the west of Semington road, Melksham. A decision of the Secretary of State for Transport dated 4th October 2024 granting Associated British Ports application for a development consent order for the Immingham Eastern Ro-Ro Terminal under the Planning Act 2008 comprising three berths and associated landside works, storage areas, terminal buildings and a road bridge on the Humber Estuary/river within the administrative area of North Lincolnshire Council in accordance with the examining inspectors' recommendation. Visit our Website: ⁠hwgpnfy.com⁠ #HWGPNFY

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, (starts at 00.57), before moving on to the JCT's 2024 Edition of its Repair and Maintenance Contract (starts at 05.14) and reasons to amend the JCT standard forms (starts at 08.00). They also revisit the judgment in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 (starts at 28.50) and take a look at Beck Interiors Ltd v Eros Ltd [2024] EWHC 2084 (TCC) (starts at 33.22). Finally, they end the episode discussing the judgment in ATG Services (Scotland) Ltd v Ogilvie Construction Ltd [2024] CSOH 94 (starts at 42.57).

Our returning Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd. Decision of the High Court dated 13th September 2024 in Friends of the Earth and South Lakeland Action on Climate Change v Secretary of State et al [2024] EWHC 2349 (Admin), a successful challenge to the grant of permission for an underground coal mine at Whitehaven, Cumbria applying the recent Supreme Court case, Finch about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions. Decision of the Secretary for Energy Security and Net Zero dated 12th September 2024 granting National Grid Electricity Transmission PLC's application for a DCO for the Bramford to Twinstead Reinforcement Project under section 114 of the Planning Act 2008, largely in accordance with the examining inspector's recommendation. Decision of an inspector dated 11th September 2024 dismissing an appeal by Taylor Wimpey UK Ltd against the failure of Buckingham Council to determine an application for a hybrid planning permission for phased development on land at Gomm Valley, Gomm Road, High Wycombe, comprising a detailed element for vehicular access, open space, ecological enhancements & 79 homes, and outline element for up to 461 units, a IFE primary school & early years, and employment land including access, open space and ecological enhancements. Visit our Website: havewegotplanningnewsforyou.com #HWGPNFY

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the phase two report from the Grenfell Tower public enquiry (starts at 00.53), before moving on to the JCT's 2024 Edition of its Standard Building Contract suite of contracts and its Pre-Construction Services Agreement (starts at 27.32). They also discuss the judgments in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 (starts at 37.10) and CNO Plant Hire Ltd v Caldwell Construction Ltd [2024] EWHC 2188 (TCC) (starts at 54.36). Finally, they end the episode looking at the construction products testing regime and CE marking (starts at 1.02.30).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction are joined by Barry Hembling, Partner at Watson Farely and Williams, to discuss the Supreme Court's judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (starts at 01.19), before moving on to the King's Speech held in July 2024 (starts at 50.33). They also discuss the latest building safety developments (starts at 53.33) and end the episode with taking a look at the case of Henry Construction Projects Ltd v Promep Ltd [2024] EWHC 1825 (TCC) (starts at 1.00.11).

For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence. Robert Mills takes listeners through three recent cases on material contribution: CNZ v Royal Bath Hospitals NHSFT & The Secretary of State for Health and Social Care [2023] EWHC 19 (KB) CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 John Whitting KC outlines developments in the law of informed consent Bilal and Malik v St George's University Hospital NHS Foundation Trust [2023] EWCA Civ 605 McCulloch and others v Forth Valley Health Board [2023] UKSC 26 And the episode concludes on a discussion of expert evidence Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB) CE (Cameroon) [2023] UKAITUR PA011122020 The podcast has previously covered expert evidence in the following episodes: Disaster Avoidance for Experts with Margaret Bowron KC here Disaster Avoidance for Experts with Neil Sheldon KC here Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.

Hello, and welcome to episode 119 of the Financial Crime Weekly Podcast, I'm Chris Kirkbride. There has been an unusual uptick, certainly for the summer months, in financial crime news this week. On sanctions this week, the NCA secures its first sanctions-related forfeiture, and the EU and US have added to their designations. On bribery and corruption, the SFO in the UK has announced charges against five former executives of Glencore, and the High Court has some tough words regarding the behaviour of professionals and institutions in the ‘tuna bond' action brought by Mozambique. On fraud news, there's more Covid-19 recovery fund abuse from the US, and the imprisonment of a tech scammer. There is also a decent amount of market abuse news from the SEC in the US, and the Securities and Futures Commission in Hong Kong, and in other news, the NCA in the UK has announced a new data sharing scheme and the SFO has published its annual report and accounts. There is also a round-up of the cyber-attack news this week. As usual, I have linked the main stories flagged in the podcast in the description. These are: Cayman Islands, Beneficial Ownership Transparency Act 2023.Commodities and Futures Trading Commission's Office of Customer Education and Outreach, CFTC Warns Customers to Watch for Follow-on Frauds.Council of the European Union, Sanctions against terrorism: Council renews the EU Terrorist List and designates a new entity.Department of Justice, Caledonia man sentenced for COVID loan fraud.Department of Justice, KC Woman Pleads Guilty to $900,000 Covid Fraud Scheme.Department of Justice, United States v. Andrew Left.Department of Justice, Leader Of Tech Support Fraud Scheme Sentenced To Seven Years In Prison.Department of Justice, Deputy Attorney General Lisa Monaco Delivers Remarks on New Corporate Whistleblower Awards Pilot Program.FinCEN, FinCEN Issues Notice to Financial Institution Customers on Beneficial Ownership Information Requirements.FinCEN, Notice to Customers: Beneficial Ownership Information Reference Guide.Foreign, Commonwealth and Development Office, The UK Sanctions List: Search Function.Information Commissioner's Office, Reprimand: The Electoral Commission.National Crime Agency, NCA recovers £780,000 in the first UK forfeiture of sanctioned funds.National Crime Agency, Ground breaking public private partnership launched to identify criminality using banking data.National Crime Agency, Cross-System Professional Enablers Strategy 2024-2026.National Crime Agency, NCA shuts down major fraud platform responsible for 1.8 million scam calls.Ocorian, Cayman Islands modernises beneficial ownership regime to align with global standards.Office of Financial Sanctions Implementation, General Licence – Continuation of Business of Evraz Plc's North American Subsidiaries: INT/2022/1710676.Office of Financial Sanctions Implementation, Financial Sanctions Notice: Yemen.Office of Financial Sanctions Implementation, Guidance: OFSI General licence INT/2024/4919848.Office of Foreign Assets Control, Treasury Targets Iranian Missile and UAV Procurement Facilitators.Office of Foreign Assets Control, Treasury Targets Houthi Weapons Procurement Networks.Securities and Exchange Commission, SEC Charges Andrew Left and Citron Capital for $20 Million Fraud Scheme.Securities and Exchange Commission, SEC Charges Founder of Social Media Company “IRL” with $170 Million Fraud.Securities and Futures Commission of Hong Kong, Former banker ordered to disgorge $3 million illegal gains from insider dealing.Serious Fraud Office, Annual Report & Accounts 2023-24 (press release).Serious Fraud Office, Annual Report and Accounts 2023-2024.Serious Fraud Office, SFO charges five former Glencore employees.Spotlight on Corruption, New report finds UK's enforcement of sanctions is “all bark and no bite” (press release).Spotlight on Corruption, All Bark and No Bite: Taking Stock of the UK's Enforcement of Sanctions.UK government, National Crime Agency main estimate memorandum 2024 to 2025.UK judgments, The Republic of Mozambique v Credit Suisse International and Others [2024] EWHC 1957 (Comm).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.01), before moving on to briefly mention the JCT Intermediate forms, 2024 Edition (starts at 10.20). They also discuss the judgments in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (starts at 13.20) and Glover and another v Fluid Structural Engineers & Technical Designers Ltd and others [2024] EWHC 1257 (TCC) (starts at 26.11), before taking a look at a Canadian case from the Supreme Court of Ontario (starts at 35.48).

Hitchhiking brings with it countless dangers, as we have seen on screen countless times and with the exploits of killers such as the West's, but for many years it was a commonplace thing to do, the dangers not thought about, merely the destination. In the winter of 1995, one such hitcher, a 19 year old French student named Celine Figard, accepted a ride that she was sadly, never to finish. Her last ride.  The episode contains details and descriptions of crimes and events, involving descriptions of injury detail, that some listeners may find disturbing and or distressing, so discretion is advised whilst listening. Music used in this episode: "The Descent" by Kevin Macleod. All music used is sourced from https://filmmusic.io/ and used under an Attribution Licence (https://creativecommons.org/licenses/by/4.0/) Playlist Tracks Gurriers - Approachable Saloon Dion - Carnival The True Crime Enthusiast's Fundraiser For Macmillan Cancer Support References Assorted newspaper articles available via Newspapers.com and British Newspaper Archive Long format. From Haute-Saône to England, 27 years after the murder of Céline Figard, her parents' fight for the truth (estrepublicain.fr) 6 Thursday October 17 1996 The Birmingham Post Celine Figard Murder Life Celine's Killer Boasted Of Sex Exploits In Cab | Birmingham Daily Post | Thursday 17 October 1996 | British Newspaper Archive Cl Evening Mail Thursday October 17 1996 Two Nations In Outrage and Sorrow Shrine To Innocence The Isolated Lay-By Where | Birmingham Mail | Thursday 17 October 1996 | British Newspaper Archive Stuart Morgan | Daily Mirror | Tuesday 04 May 1999 | British Newspaper Archive Morgan v Secretary of State for Justice | [2016] EWHC 106 (Admin) | England and Wales High Court (Administrative Court) | Judgment | Law | CaseMine Crimewatch UK — Jan 1996 - YouTube Birth chart of Celine Figard - Astrology horoscope (astro-seek.com) Fears grow for Celine after body is found | The Independent | The Independent "Why did he kill our daughter?" | Worcester News Driver `hid Celine's body in his lorry' - News - The Independent (archive.org) Life for lorry driver who ended Celine's journey of optimism | The Independent | The Independent Missing girl's father helps in murder hunt | The Independent | The Independent Lorry driver who murdered teenager can ask to be freed | Worcester News (1) Episode 015 - Celine Figard - YouTube A colourful memorial to tragic Celine | The Independent | The Independent Driver is charged with Celine Figard murder | 29th February 1996 | The Commercial Motor Archive Left In A Truck On Christmas Day: The Murder of Céline Figard | True Crime Documentary (youtube.com) Follow/Contact/Support The True Crime Enthusiast Podcast Facebook Facebook Discussion Group Twitter Instagram Youtube Website TTCE Merchandise Patreon Page Remembering Celine. This episode is dedicated to her.

Our hosts, Anita Mehta and Simon Blain, discuss what to do when a reporter turns up in your Court and the importance of transparency with Joshua Rozenberg KC (Hon) and Lucy Reed KC (St John's Chambers, Chair of The Transparency Project).  Joshua refers us to the lessons learnt in Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023). https://www.bailii.org/ew/cases/EWHC/Fam/2023/2446.html Our guests discuss the benefits both of judgments being published and reporters having access to write up what happens.  Joshua talks about the importance of the public knowing how the state will resolve their private disputes if they are unable to do so.  He makes the point that the public are only going to know about the importance of Family Jusctice being properly resourced if the press are able to report about what happens.  They both reiterate that scrutiny of the Court is healthy. The message that Joshua and Lucy give our audience is that there is nothing unlawful or inappropriate about a party or a lawyer asking a reporter if they would like to observe a case.  This is not a breach of s.12 of the Administration of Justice Act 1960.  This has been specifically endorsed by the senior judges responsible for the Reporting Pilot, because unless reporters are told about interesting cases they will not come to Court.    They make it clear that it is not appropriate for the Judge or the other participants to cross-examine reporters about who told them about the hearing, and the reporter does not need to make an application to attend the hearing.  Lucy refers us to the Transparency Project's guidance notes for help if a reporter turns up in a case you are due to appear in https://transparencyproject.org.uk/updated-guidance-what-to-do-if-a-reporter-attends-or-wants-to-attend-your-hearing-pilot-and-non-pilot-court-versions/.  Lucy points out, it is not for the reporter/ blogger to make an application to make an application to be present in Court, as there is a limited basis for a Court to exclude a reporter, which is found in FPR 27.11 (3). (3) At any stage of the proceedings the court may direct that persons within paragraph (2)(f) shall not attend the proceedings or any part of them, where satisfied that— (a)this is necessary—(i)in the interests of any child concerned in, or connected with, the proceedings;(ii)for the safety or protection of a party, a witness in the proceedings, or a person connected with such a party or witness; or(iii)for the orderly conduct of the proceedings; or(b)justice will otherwise be impeded or prejudiced. If the Court is considering relaxing reporting restrictions it will need to undertake a balancing exercise to weigh the respective weight of article 8 and article 10, as set out by Lord Steyn in Re S (a child), Re [2004] UKHL 47 (28 October 2004).https://www.bailii.org/uk/cases/UKHL/2004/47.html ‘The interplay between articles 8 and 10 has been illuminated by the opinions in the House of Lords in Campbell v MGN Ltd [2004] 2 WLR 1232. For presentpurposes the decision of the House on the facts of Campbell and the differences between the majority and the minority are not material. What does, however, emerge clearly from the opinions are four propositions. First, neither article has as such precedence over the other. Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary. Thirdly, the justifications for interfering with or restricting each right must be taken into account. Finally, the proportionality test must be applied to each. For convenience I will call this the ultimate balancing test. This is how I will approach the present case.' If you would like to hear Joshua's new podcast, you can find it on rozenberg.substack.com If you are a lawyer considering becoming a legal blogger yourself (or a journalist interested in dipping your toe in reporting the family court), Lucy encourages you to get in touch with the Transparency Project:  trustees@transparencyproject.org.uk. You can find out more about legal blogging at www.transparencyproject.org.uk/legalbloggers

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.25), before moving on to briefly mention the JCT Minor Works contract, 2024 Edition (starts at 10.18). They then turn to the judgments in ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (starts at 18.57), TClarke Contracting Ltd v Bell Build Ltd [2024] EWHC 992 (TCC) (starts at 21.15), Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (starts at 25.51), McLaughlin and Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) (starts at 34.30) and Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) (starts at 42.02). Finally, they briefly discuss the forthcoming General Election 2024 (starts at 44.18).

We are joined by Charles Hale KC (4PB) and Tammy Knox (Pennington Manches Cooper) to discuss relocation. Charles and Tammy consider the law and principles applied in these cases.  They point out that the law is the same for internal and external relocation cases, as set out in Re C (Internal Relocation), Re [2015] EWCA Civ 1305, where Charles and PMC were successful in the Court of Appeal:https://www.bailii.org/ew/cases/EWCA/Civ/2015/1305.htmlHowever, they both agree that the welfare evaluation can be different. Charles and Tammy discuss the impact of domestic abuse and alienating behaviours.  They discuss C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955:https://www.bailii.org/ew/cases/EWHC/Fam/2023/1955.html They make the point that practitioners should not shy away from dealing with financial plans, as cases can be made, or challenged on whether there is sufficient finance available. Charles and Tammy caution us to make sure the rules around mediation are really clear, particularly if the mediation is abroad so that clients know what is without prejudice Charles mentions research by Professor Marilyn Freeman: https://www.qmul.ac.uk/clpn/members/f/profiles/freeman.html#:~:text=Marilyn%20Freeman%20is%20widely%20acknowledged,in%20her%20areas%20of%20expertise.

Our special guest this week is Simon Wicks, Deputy Editor of the Planner, the official member magazine of the Royal Town Planning Institute. Latest News Update on planning related matters. Decision of the High Court dated 3rd May 2024 in Friends of the Earth et al v Secretary of State for Energy Security & Net Zero [2024] EWHC 995 (Admin) concerning a challenge to the Secretary of State's Carbon Budget Delivery Plan laid before Parliament under s14 of the Climate Change Act 2008, pursuant to the order made by Holgate J in R (Friends of the Earth v Secretary of State for Energy Security & Net Zero [2023] 1 WLR 225. Decision of the Court of Appeal dated 2nd May 2024, in Secretary of State for LUH&C v Caldwell & Timberstore Ltd [2024] EWCA Civ 467 dismissing an appeal from the decision of Lieven J [2023] EWHC 2053 (Admin) quashing an inspector's decision, dated 14 February 2023, to dismiss an appeal under section 174 of the TCPA 1990 and to uphold an enforcement notice alleging a breach of planning control requiring the cessation of residential use and demolition of a bungalow known as “The Goose House”. Misapplication of the Murfitt. Decisions of an inspector dated 3rd May 2024 allowing Burlington Property Group's appeals against the refusal by Three Rivers DC, of outline planning applications for A) up to 83 new homes, a new surgery & access & B) 9 homes & access in the Green Belt.

What is the correct approach to a maintenance case? Listen to Sally Harrison KC (St John's Buildings) and Farhana Shahzady (Streathers Solicitors) tell us how it is done.  Sally reminds us of the guidance of Mr Justice Peel in WC v HC (Financial Remedies Agreements) (Rev1) [2022] EWFC 22 (22 March 2022) https://www.bailii.org/ew/cases/EWFC/HCJ/2022/22.htmlwhen thinking about the quantum of a maintenance order.  Mr Justice Peel found that needs are an elastic concept, to be judged by reference to consideration of financial needs and obligations, whether there are children, and the age of the parties.  We discuss how the length of the marriage really impacts on how much the standard of living is taken into account.  Farhana reminds of guidance of Mr Justice Mostyn in SS v NS (Spousal Maintenance) (Rev 1) [2014] EWHC 4183 (Fam).https://www.bailii.org/ew/cases/EWHC/Fam/2014/4183.html Sally and Farhana discuss the distinction between cases involving wealthy families where the Court may well be inclined to make a Duxbury award, as opposed to need based income awards in the majority of cases.  We discuss the overall impression that Courts are being quite restrictive on terms and quantum of maintenance at present.   When talking about capitalising maintenance awards, Sally wrestles with the discrepancy between the Ogden tables having a -0.25% rate of return in England & Wales, as opposed to Duxbury's 3.75% rate of return after inflation of 3%.Sally considers the following cases:HC v FW [2017] EWHC 3162 (Fam) (29 November 2017) https://www.bailii.org/ew/cases/EWHC/Fam/2017/3162.htmlTattersall Z (No.5) (Enforcement) [2024] EWFC 44 (04 March 2024)https://www.bailii.org/ew/cases/EWFC/HCJ/2024/44.html Farhana tells us why it is important to consider the impact of menopause, when considering maintenance quantum, term and nominal maintenance.  She shares the details of her survey about the impact of maintenance in family law and financial remedy cases.  Resolution will be releasing a spousal maintenance handbook in Summer 2024. Please check the website for details.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to highlight the JCT's release of its 2024 Edition Contracts (starts at 12.58). They also discuss the judgment in Vainker and another v Marbank Construction Ltd and others [2024] EWHC 667 (TCC) (starts at 23.30), as well as the meaning of "same or substantially the same" in Wordsworth Contractors Management Ltd v Inivos Ltd t/a Health Spaces [2024] EWHC 617 (TCC) and Engenda Group Ltd v Petroineos Manufacturing Scotland Ltd [2024] CSOH 36 (starts at 30.49).

Hello, and welcome to episode 101 of the Financial Crime Weekly Podcast, I'm Chris Kirkbride. It has been a busy week this week. There is a broad range of sanctions news this week, with coordinated action relating to the Chinese cyber security breaches in the US and UK. On bribery and corruption, lots from the OECD. The money laundering news brings updates from the FATF on Australia and the US concerning their actions following their last MERs. There is also market abuse and cyber news. Let's crack on. As usual, I have linked the main stories flagged in the podcast in the description. These are: Council of the European Union, Death of Alexei Navalny: EU sanctions 33 individuals and two entities under its Global Human Rights Sanctions Regime.Cybersecurity and Infrastructure Security Agency, CISA, FBI, and MS-ISAC Release Update to Joint Guidance on Distributed Denial-of-Service Techniques.Cybersecurity and Infrastructure Security Agency, Understanding and Responding to Distributed Denial-Of-Service Attacks.Department of the Treasury, U.S. Department of the Treasury Releases Report on Managing Artificial Intelligence-Specific Cybersecurity Risks in the Financial Sector (press release).Department of the Treasury, Managing Artificial Intelligence-Specific Cybersecurity Risks in the Financial Services Sector.Financial Action Task Force, Australia's progress in strengthening measures to tackle money laundering and terrorist financing.Financial Action Task Force, United States' progress in strengthening measures to tackle money laundering and terrorist financing.Financial Conduct Authority, FCA warns firms and finfluencers to keep their social media ads lawful.Financial Conduct Authority, Finalised Guidance FG24/1: Finalised guidance on financial promotions on social media.Foreign, Commonwealth & Development Office, UK holds China state-affiliated organisations and individuals responsible for malicious cyber activity.National Crime Agency, The SAR Portal FAQs.National Crime Agency, The SAR Portal Overview.National Crime Agency, The SAR Portal: How to register provides guidance.National Crime Agency, Operation Henhouse: over 400 arrests and £19m seized in national campaign tackling fraud.National Cyber Security Centre, UK calls out China state-affiliated actors for malicious cyber targeting of UK democratic institutions and parliamentarians.National Cyber Security Centre, Defending democracy: Guidance.Norton Rose Fulbright, Horizon Scanning: Investigations and Enforcement.Office of Financial Sanctions Implementation, OFSI Threat Assessment: Threats to Financial Sanctions Compliance in the UK.Office of Financial Sanctions Implementation, Financial Sanctions Notice: Russia.Office of Financial Sanctions Implementation, Financial Sanctions Notice: Counter-Terrorism (Domestic).Office of Financial Sanctions Implementation, General Licence – Active Denizcilik and Beks Ships Transit to Port and Wind Down.Office of Foreign Assets Control, Treasury Sanctions China-Linked Hackers for Targeting U.S. Critical Infrastructure.Office of Foreign Assets Control, Treasury Sanctions Financial Facilitators and Illicit Drug Traffickers Supporting the Syrian Regime.Office of Foreign Assets Control, Treasury Sanctions Hamas-Aligned Terrorist Fundraising Network.Office of Foreign Assets Control, Treasury Sanctions Actors Financing the North Korean Weapons of Mass Destruction Program.Organisation for Economic Cooperation and Development, Resilient integrity frameworks are key to mitigating new corruption risks from global challenges.Organisation for Economic Cooperation and Development, Anti-Corruption and Integrity Outlook 2024.Securities and Exchange Commission, SEC Charges Former Arista Networks Chairman Andy Bechtolsheim with Insider Trading.Securities and Exchange Commission, Litigation Release No. 25955 / March 26, 2024.Securities and Exchange Commission, Litigation Release No. 25956 / March 26, 2024: Securities and Exchange Commission v. Jordan Qsar, Grant Witherspoon, Austin Bernard, and Chase Lambert, No. 3:24-cv-00570 AJB BLM (S.D. Cal. filed Mar. 26, 2024).The Guardian, UK faces ‘extraordinary' $1bn claim from mining company.Transparency International, OECD Anti-Bribery Convention at 25: Time to Step Up Enforcement.UK courts, Eurasian Natural Resources Corporation Limited v Dechert LLP and Others [2023] EWHC 3280 (Comm).UK government, Financial Sanctions: Cyber.UK government, New sanctions on persons linked to Hamas-supporting media network.Wolfsberg Group, Principles for Auditing a Financial Crime Risk Management Programme for Effectiveness under the Wolfsberg Factors. 

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to the judgments in Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC) (starts at 10.55) and Taylor v Jones and another (Rev1) [2024] EWCA Civ 170 (starts at 30.35). Finally, they also discuss the annual budget (starts at 47.29) and other judgments from around the courts (starts at 49.04).

Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC. Latest News Update on planning related matters. Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS's dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street. Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application. Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination.

This month we are treated to this tour de force by Robert Cole who is Head of the Family Team at Broadway House Chambers, Leeds and regularly sits as an arbitrator and ENE/pFDR adjudicator across the country, and Peter Smith from Quantis Forensic Accountants about how to analyse business accounts.  We immediately launch into a discussion about what should cause you concern in business accounts, and the well known issue that businesses always seem to be failing when people are getting divorced.  Therefore, how professionals need to have four to five years accounts to be able to look at trends.  Peter suggests we should take an overview of:Has revenue, sales or turnover gone down?Have gross profit margins gone down? And Have costs gone up?These factors will provide a good indicator of any causes for concern. Robert adds to that you should have look at what fixed assets there are, and whether the valuation has been updated.  If you consider these points, you will have good insight into whether you need to ask for a valuer from the Court.  Peter and Robert give us some tips for questionnaires, including: Asking for a copy of up-to-date profit & loss accounts, management accounts and balance sheets as most decent size businesses with accounting software will have that immediately available;Summaries from the VAT portal; And always checking viewing the Companies Article of Association;  We discuss when valuations from the business's own accountants are reliable. Before moving on to consider what type of valuations should be used for each business.  Robert advises us that to be successful in a Daniels v Walker application that you first need to have tried to clarify matters with the expert, but even where you are not going to pursue a Daniels v Walker application but just want to make submissions about the reliability of the conclusions then questions are important to tease out vulnerabilities in the report.  Peter also points out that there is a distinction between wanting to challenge the expert's judgment – which can be done without a separate expert – and where an expert has made a mistake for example an error in the factual basis. We discuss when should a quasi-partnership apply, and Robert advises us to use the checklist from Re: Bird Precision Bellows [1986] 2 WLR 158:close working relationship between the shareholders (usually pre-existing the incorporation);restriction on the transfer of shares to a third party;the shareholders continue to be actively involved in the day-to-day running of the company (not necessarily employed but consulted about day-to-day and strategic decisions) During the discussion, we refer to the following cases:  V v V (Financial Remedy) [2005] 2 FLR 697J v J [2014] EWHC 3654   HTTPS://WWW.JUDICIARY.UK/WP-CONTENT/UPLOADS/2014/11/J-V-J-JUDGMENT.PDFMartin v Martin [2018] EWCA Civ 2866 – risk and liquidity https://www.bailii.org/ew/cases/EWCA/Civ/2018/2866.html Versteegh v Versteegh [2018] EWCA Civ 1050 – on the lack of reliability in valuationshttps://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2018/1050.html&query=(versteegh) Ebrahimi v Westbourne Galleries Ltd [1973] AC 360 https://en.wikipedia.org/wiki/Ebrahimi_v_Westbourne_Galleries_Ltd G v G (Financial Provision: Equal Division) [2002] 2 FLR 1143 - Where shareholders act in concert and would be unlikely to sell separately then discount less applicable Clarke v Clarke [2022] EWHC 2698 – on whether a minority discount should applyhttps://www.bailii.org/ew/cases/EWHC/Fam/2022/2698.html Technical factsheet from ACCA – for minority interests discountshttps://www.accaglobal.com/content/dam/ACCA_Global/Technical/fact/technical-factsheet-167.pdf  WM v HM [2017] EWFC 25 (09 May 2017) https://www.bailii.org/ew/cases/EWFC/HCJ/2017/25.html

Our Special Guest this week is Lindsey Richards, President of the Royal Town Planning Institute for 2024. Latest News Update on planning related matters. Decision of the High Court in Mead Realisations Ltd v SOSLUH&C & Redrow Homes Ltd V SOSLUH&C [2024] EWHC 279 dismissing two separate s288 claims challenging the dismissals of s78 housing appeals in Weston Super Mare (in FZ3) & Bushey (largely in Fz1 but also Fz2&3 plus 10% affected by reservoir flood risk) where neither LPA had a 5 yr HLS but where both appeals were judged to have failed compliance with the sequential test under NPPF 162 & PPG paragraph 028. Decision of a Planning Inspector dated 15th February 2024 dismissing an appeal by Elysian Loughton Site Ltd against the refusal of Epping Forest District Council to grant planning permission for the demolition of three homes and the erection of linked apartment blocks to form elderly persons apartments integrated C2 care facilities issues regarding the bulk, massing & height, effect on living conditions of existing neighbour & future occupiers & a viability review mechanism. Decision of a Planning Inspector dated 14th February 2024 to allow an appeal by Gadman Developments Ltd against the refusal of Somerset Council to grant outline planning permission for up to 100 dwellings on part of a larger green field, outside the settlement boundary for Creech St Michael. Issues around the effect of the proposal on the character & appearance of the area & neighbouring residential properties, HLS & whether a tilted balance applies or not.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.00), before moving on to the judgments in Lancashire Schools SPC Phase 2 Ltd (formerly Catalyst Education (Lancashire) Phase 2 Ltd) v Lendlease Construction (Europe) Ltd (formerly Bovis Lend Lease Ltd) [2024] EWHC 37 (TCC) (starts at 20.12) and Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC) (starts at 29.53). They also discuss the forthcoming general election and budget wishlists (starts at 37.43). Finally, they end with highlighting various new content pieces published this year (starts at 52.47).

Hello, and welcome to episode 94 of the Financial Crime Weekly Podcast, I'm Chris Kirkbride. It is yet another busy week for financial crime. A range of stories across the whole of financial crime, with sanctions, money laundering, bribery, and cyber-attack news. In sanctions, there is some heavy focus on oil and Iran. In money laundering, a new economic crime agency in the UK focussed on money laundering in the environmental context. On bribery, more allegations of public sector corruption. Lots to get into, so let's crack on. As usual, I have linked the main stories flagged in the podcast in the description. These are: Centre for Research on Energy and Clear Air, Evading the sanctions: UK imports EUR 660 mn of oil products made from Russian crude.European Affairs Committee, Call for UK and EU to continue support for Ukraine, and sanctions on Russia.European Affairs Committee, The Ukraine Effect: The impact of Russia's invasion of Ukraine on the UK-EU relationship (Report).European Securities and Markets Authority, ESA's Joint Board of Appeal confirms ESMA's decision to withdraw the recognition of Dubai Commodities Clearing Corporation.European Securities and Markets Authority, Requirements when posting investments recommendations on social media.European Securities and Markets Authority, Warning: For people posting Investment Recommendation on social media.Financial Conduct Authority, Reducing and preventing financial crime.Financial Conduct Authority, Market Watch 76.Financial Crimes Enforcement Network, FinCEN Proposes Rule to Combat Money Laundering and Promote Transparency in Residential Real Estate.HM Revenue and Customs, High value dealer guidance for money laundering supervision.HM Revenue and Customs, Number of live Corporate Criminal Offences investigations.National Crime Agency, SARs Reported Booklet: February 2024.National Cyber Security Centre, QR Codes - what's the real risk?Office of Financial Sanctions Implementation, Financial Sanctions Notice: Russia.Office of Financial Sanctions Implementation, Who is subject to financial sanctions in the UK?Office of Financial Sanctions Implementation, OFSI General Licence INT/2023/2711256.Office of Financial Sanctions Implementation, OFSI General licence - INT/2022/2009156.Office of Financial Sanctions Implementation, Russian Oil Services ban (Updated).Office of Foreign Assets Control, Treasury Sanctions Transnational Procurement Network Supporting Iran's Ballistic Missile and UAV Programs.Office of Foreign Assets Control, Treasury Sanctions Actors Responsible for Malicious Cyber Activities on Critical Infrastructure.Spotlight on Corruption, Regulators failing to hold senior executives to account for economic crime, new analysis reveals.Spotlight on Corruption, Power Without Responsibility: The state of senior executive accountability for economic crime in the UK today.UK government, Ensuring crime doesn't pay: New Economic Crime Unit to tackle money laundering and carry out financial investigations.UK government, Economic crime survey 2024.UK judgments, AerCap Ireland Ltd v AIG Europe SA & Ors [2024] EWHC 144 (Comm).US Department of Justice, Justice Department Announces Terrorism and Sanctions-Evasion Charges and Seizures Linked to Illicit, Billion-Dollar Global Oil Trafficking Network That Finances Iran's Islamic Revolutionary Guard Corps and Its Malign Activities.US Department of Justice, United States Unseals Civil Forfeiture Complaint for Seizure of Iranian Oil.US Department of Justice, U.S. Attorney Announces Terrorism And Sanctions-Evasion Charges Against Leaders Of A Billion-Dollar Oil Laundering Network Orchestrated By Iran's Islamic Revolutionary Guard Corps.US Department of Justice, Three Men Charged with Running Hawala Scheme Responsible for Illicitly Moving more than $65 Million Between the United States and the Middle East.US Department of Justice, 70 Current and Former NYCHA Employees Charged with Bribery and Extortion Offenses.US Department of the Treasury, Treasury Publishes 2024 National Risk Assessments for Money Laundering, Terrorist Financing, and Proliferation Financing.World Health Organisation, WHO reports outline responses to cyber-attacks on health care and the rise of disinformation in public health emergencies (press release).World Health Organisation, Examining the threat of cyber-attacks on health care during the COVID-19 pandemic.

Emma Humphreys and Laura Bushaway are joined by Guy Fetherstonhaugh KC and Daniel Black of Falcon Chambers to look at what lies ahead for property law during 2024 – including areas of the Building Safety Act 2022 which need further clarifying, rights of way involving electric gates and whether the Landlord and Tenant Act 1954 needs amendment.  We also debate some areas of law which are in need of change. The cases and legislation referred to in this episode of Property Patter are: Building Safety Act 2022 Adriatic Land 5 Limited v. Long Leaseholders at Hippersley Point [2023] UKUT 271 Bradley & Anor v. Heslin & Anor [2014] EWHC 3267 Bradley & Anor v. Heslin & Anor [2015] EWHC 3950 (costs) Landlord and Tenant Act 1954 S Franses Limited v. Cavendish Hotel (London) Limited [2018] UKSC 62 Clipper Logistics Plc v. Scottish Equitable lc (Unreported, County Court at Shefffield, 7 March 2022) The book referenced during this podcast is “Show Me the Bodies” by Peter Apps – details can be found here.

Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths. Latest News Update on planning related matters. Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts. Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council's decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material. Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.

Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since. Cases discussed in this episode include: -          Khan v Meadows [2021] UKSC 21 -          McFarlane v Tayside Board of Health [2000] 2 AC 59 -          Groom v Selby [2001] EWCA Civ 1522 -          Parkinson v St James & Seacroft UH NHS Trust [2001] EWCA Civ 530 -          SD v Grampian Health Board [2022] CSOH 63 -          DD v NHS Fife Health Board [2022] SAC (Civ) 27 -          Radia v Marks [2022] EWHC 145 (QB) -          McCulloch v Forth Valley Health Board [2023] UKSC 26 Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss what to expect in construction law in 2024 (starts at 1.08), before moving on to the judgment in Van Elle Ltd v Keynvor Morlift Ltd [2023] EWHC 3137 (TCC) (starts at 39.15). Finally, they end with a brief discussion on other news of note (starts at 47.26).

In this episode we are joined by Nicholas Bennett (29 Bedford Row), and Connie Atkinson (Kingsley Napley) who are both experts and enjoy pre-nuptial work including drafting, supporting or challenging pre-nups in Court. Any discussion of pre-nups of course starts with Radmacher v Granatino [2010] UKSC 42, but we swiftly move on to Crossley applications (an application to the Court that the process of disclosure should be truncated because of the existence of the pre-nup) pursuant to Crossley v Crossley [2007] EWCA Civ 1491https://www.bailii.org/ew/cases/EWCA/Civ/2007/1491.html.  It is ‘tempting but risky' was the conclusion, so it is only prudent when the pre-nup is a knock out blow. We discuss the three essential procedural points that the Court is looking for before giving weight to the agreement – no unfair pressure, financial disclosure and independent legal advice.  We touch on the suggestion that an agreement has to be signed 28 days before the wedding and its relevance to giving time and space to understand and reflect on the proposed agreement and advice being given. We then turn to duress, fraud and misrepresentation and whether they are vitiating factors and what you would take into account when evaluating their impact on the agreement.  Connie refers us to the case of Traharne v Limb [2022] EWFC 27 (31 March 2022) https://www.bailii.org/ew/cases/EWFC/HCJ/2022/27.html  and AD v BD [2020] EWHC 857 (Fam) (08 April 2020) https://www.bailii.org/ew/cases/EWHC/Fam/2020/857.html.Nick discusses whether it is possible to entirely exclude what would otherwise be matrimonial property in a pre-nup, and refers to  Brack v Brack [2020] EWHC 2142 (Fam) (29 July 2020);  https://www.bailii.org/ew/cases/EWHC/Fam/2020/2142.html.  Connie discusses whether a pre-nup meets needs. She refers us to Ipekçi v McConnell [2019] EWFC 19 (04 April 2019);https://www.bailii.org/ew/cases/EWFC/HCJ/2019/19.html, and Cummings v Fawn (Rev1) [2023] EWHC 830 (Fam) (14 April 2023) https://www.bailii.org/ew/cases/EWHC/Fam/2023/830.html.  Nick mentions HD v WB [2023] EWFC 2 (13 January 2023) - https://www.bailii.org/ew/cases/EWFC/HCJ/2023/2.htmlWe also discuss international agreements, and marriage contracts, including CMX v EJX (French Marriage Contract) [2022] EWFC 136; https://caselaw.nationalarchives.gov.uk/ewfc/2022/136

We all agree that costs applications, and costs orders, are becoming more prevalent in Children Act as well as financial remedy proceedings.  Public policy certainly seems to favour the use of costs orders as a way of ensuring that litigation is proportionate and reasonable.    In this episode we are assisted by HHJ Reardon (who sits in East London Family Court and the CFC hearing both Children Act and Financial Remedy cases) and Laura Moys (barrister at 1 KBW) talk us through costs orders in respect of Children Act and Financial Remedy cases.   We discuss LSPO including: ·      HHJ Reardon reminds us (in the context of ever increasing interest rates) of the provision in Rubin V Rubin that: viii) If a litigation loan is offered at a very high rate of interest it would be unlikely to be reasonable to expect the applicant to take it unless the respondent offered an undertaking to meet that interest, if the court later considered it just so to order. ·      What happens in second LSPO applications; and ·      LSPO in Children Act proceedings, including the need for equality of arms in accordance with BC v DE (Rev 1) [2016] EWHC 1806 (Fam) (21 July 2016). We look at Costs orders in Children Act cases, and are reminded of the dicta in Re S (a Child), Re [2015] UKSC 20 (25 March 2015).  They discuss when a Court may order costs after a fact-finding hearings and refer to Re T (Children), Re [2012] UKSC 36 (25 July 2012).  Finally we discuss costs in Financial remedy proceedings, including:·      the Court's approach to making orders that cover legal costs in needs cases.  Laura refers us to Azarmi-Movafagh v Bassiri-Dezfouli [2021] EWCA Civ 1184 (30 July 2021);·      When we should be dealing with costs arguments; and ·      General guidance about Wwhat is and is not reasonable, in order to consider what sort of positions may result in costs orders;·      We are reminded that the Court can make costs awards where a party has refused to negotiate; JB v DB [2020] EWHC 2301 (Fam) (23 July 2020);

We could not have been more excited to have the opportunity to speak to Mr Justice Mostyn before he retires at the end of the month.   We discuss Movers & Shakers – his highly successful podcast with five other Parkinson's sufferers: https://cureparkinsons.org.uk/2023/03/movers-shakers-six-familiar-faces-launch-podcast-about-living-with-parkinsons/  Plus his best case, and thoughts on transparency of course!    The Judge clarifies that Hildebrand documents are admissible if relevant, but the case of Immerman deals with professional conduct around such documents. The Judge explains and justified the rates used for Duxbury, and invites Resolution to attend future meetings about the rates.  Finally, for all Resolution members you will be pleased to hear that the Judge completely supports the proposition that there should be no difference between the Court's powers if the parties are married or not.  This episode gets better and better as the Judge goes on.  During the discussion the Judge mentions:   RF v Secretary of State for Work and Pensions [2017] EWHC 3375 (Admin) – this is the case Mostyn J discussed being most proud of.  Xanthopoulos v Rakshina [2022] EWFC 30 refers to the case of J v J [2014] EWHC 3654 (Fam)   Evans v Evans [1990] 1 WLR 575, [1990] FLR 319  James v Seymour [2023] EWHC 844 (Fam) (child support)

In this episode we chat to Natasha Watson (Acting Head of Law at Brighton & Hove City Council),  Caroline Lynch (Principal Legal Advisor at Family Rights Group) and Hannah Markham KC (36 Family) who were all members of the Public Law Working Group which reported in March 2021:https://www.judiciary.uk/wp-content/uploads/2021/03/March-2021-report-final_clickable.pdfThis is a wide-ranging discussion about the issues facing the family justice system.  Natasha and Caroline discuss the importance of Courts and social workers drawing a distinction between parenting in poverty, and poverty.  Natasha draws our attention  Anti-Poverty Practice Statement developed by the Sussex Quality Circlehttps://www.sussexfamilyjusticeboard.org.uk/sussex-fjb-bulletin/They discuss whether 26 weeks is achievable, and whether it is even the right KPI in respect of case, the importance of Family Group Conferences and pre-proceedings work, and experts.  This includes reference to Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)https://www.judiciary.uk/wp-content/uploads/2023/02/Re-C-Parental-Alienation-judgment-220323.pdfFinally they discuss the importance of the right support package for special guardians and the need for us all to be more familiar with the special guardianship guidance.  The Public Law Working Group Best practice Guidance in relation to Special Guardianship can be found here:https://www.judiciary.uk/wp-content/uploads/2021/03/Special-guardianship-BPG-report_Clickable.pdfThis document produced by Family Rights Group sets out in detail the legal and practice framework relevant for financial support for special guardians:https://frg.org.uk/wp-content/uploads/2021/09/SG-allowance-briefing.pdf

Listen to Natalie Gamble (a solicitor and the director of NGA law) and Andrew Powell (a barrister at 4PB) consider the current law in respect of surrogacy before the law commission releases their final report due in Spring 2023.  This is a wide-ranging discussion about the principles behind surrogacy, surrogates consent, and commercial surrogacy.  This is a really helpful episode if you have a client approach you about obtaining a parental order in respect of their child.  We discuss reading down the legislation to make it compatible with the Human Rights Act 1998, and the concern about the impact on individual's rights in this field if they did not have recourse to invite the Court to make a Declaration of Incompatibility.  During this discussion, Natalie and Andrew refer to:  Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam) - where the High Court read down the legislation to permit a parental order to be made after the 6 month time limit has expired. Re Z (A Child) (No 2)https://www.bailii.org/ew/cases/EWHC/Fam/2016/1191.html - where the Court made a Declaration of Incompatabilty in respect of the statute at that time which required two applicants for a parental order; this has since been amended. Re X [2020] EWFC 39 - https://www.bailii.org/ew/cases/EWFC/HCJ/2020/39.html - where the High Court read down the legislation to permit a parental order to be made where the male applicant tragically died during his wife's pregnancy; Natalie also talks about the research conducted by Brilliant Beginnings and University of Cambridge into why people looking for a surrogate often go abroad, which can be found here - https://brilliantbeginnings.co.uk/education-and-awareness/.  Natalie invites the listener to get involved with the campaign for law reform in this area at - Surrogacy law reform brilliantbeginnings.co.uk If you would like to buy Andrew's book ‘The law in relation to surrogacy'. The book is available to buy from Amazon; https://www.amazon.co.uk/Practical-Guide-Law-Relation-Surrogacy/dp/1912687496

We explore the recent decision by the High Court which declared the Rwanda asylum plan to be legal. https://uklawweekly.substack.com/subscribe Music from bensound.com

TWs: sexual abuse, child abuse, discussion of ableism Cases: CM v IP [2022] EWHC 2755 https://www.bailii.org/ew/cases/EWHC/Fam/2022/2755.html A Practical Guide to PD12J by Malvika Jaganmohan and Rebecca Cross http://www.lawbriefpublishing.com/product/practicedirection12janddomesticabuse/  Re C [2022] EWFC 138 https://www.bailii.org/ew/cases/EWFC/HCJ/2022/138.html  Summary of Cleveland Report https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1834212/pdf/bmj00295-0046.pdf As v TH (False Allegations of Abuse) (Rev 1) [2016] EWHC 532 https://www.bailii.org/ew/cases/EWHC/Fam/2016/532.html  Recommendations: Hoaxed podcast https://open.spotify.com/show/5HSL3m0OTO8vnHRMyzvAvP?si=879e7341288e4635  Re P and Q (Children: Care Proceedings: Fact Finding) [2015] EWFC 26 (Fam)  Extraordinary Attorney Woo https://www.netflix.com/gb/title/81518991  Ben Roberts-Smith v the media https://www.theguardian.com/news/audio/2022/oct/29/ben-roberts-smith-v-the-media-part-one-reputation-podcast  Tweets: https://twitter.com/PaisleyLaura/status/1585012728548454402  https://twitter.com/familybrief/status/1593695070439747584 

Vote for us in the Family Law Awards for ‘Commentator of the Year'! Scroll to the bottom of this page to find the link to vote: https://www.familylawawards.com/ehome/familylawawards2022/finalists/ Don't forget to provide your name and other details after voting so your vote can be verified! Case law S v A (Rev1) [2022] EWHC 2300 (Fam) (07 September 2022) F v M (3): [2022] EWFC 89  Reading/podcast/blog recommendations NAGALRO evidence to House of Lords Select Committee on repeal of s.1(5) Adoption and Children Act 2002 - https://committees.parliament.uk/writtenevidence/107853/html/  Can I tell you a secret? Guardian podcast - https://podcasts.apple.com/gb/podcast/can-i-tell-you-a-secret/id1643870040  Prima Facie - https://primafacie.ntlive.com  Nuffield Family Justice Observatory: In Conversation with Dr Kate Hellin https://www.youtube.com/watch?v=V5Vjdojdfmc  National Justice Museum – We Wish You a Merry Murder https://www.nationaljusticemuseum.org.uk/museum/events/we-wish-you-a-merry-murder  Tweet of the week Caoilfhionn Gallagher KC https://twitter.com/caoilfhionnanna/status/1576828311405154304  With thanks to Kimberley Kenyon (@youcanbelostdesigns on Instagram) for the podcast artwork and to Benjamin Gladman for the podcast music  https://benjamingladman.bandcamp.com/ You can follow Malvika and Maddie on Twitter @MalvikaJaganmo1 and @Maddie__Whelan2 While every effort is made to ensure that the contents of each episode is accurate, none of the contents of any episode of Professionally Embarrassing are intended to be a substitute for legal advice. No liability is accepted for any error or omission within any episode.  

Bailii Re P (Disclosure) P (Children : Disclosure) [2022] EWCA Civ 495 (12 April 2022)   Re M (Intimate Images) M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)   Recommendations Spider Woman: A Life by Lady Hale https://www.foyles.co.uk/witem/biography/spider-woman-a-life-by-the-former,lady-hale-9781847926593?gclid=EAIaIQobChMI7Oe8t92E-AIViLbtCh1C9gfPEAAYAiAAEgISefD_BwE   Lily Singh, “Seat at the table isn't the solution for gender equity” https://youtu.be/9EBkS2kE7uk   Heard v Depp trial (ongoing) https://youtu.be/OuZDNakM7QU   Panorama, Protecting Our Children: A Balancing Act BBC One - Panorama, Protecting Our Children: A Balancing Act   Tweets https://twitter.com/evesrobinson/status/1518840102310629378?s=21&t=_TRWs-Ilb6UWUfnvISs-xg   And finally, congratulations to all future and wannabe pupils from both of us!