Issue: December 2024/January 2025

Evidence – hearsay

December 2024/January 2025 | Crime

In excluding evidence as inadmissible hearsay, the trial judge had erred in law in principle. At issue in this case was whether certain evidence was inadmissible hearsay. The four defendants are awaiting trial for money laundering offences. The case against them is that they purchased Apple gift cards to launder the proceeds of frauds perpetrated …

This article is only available to subscribers.

PI – tort

December 2024/January 2025 | Personal injury

The SC has heard a tragic case which considered the extent of the tort of negligence. The case summary is as follows: ‘Background to the Appeal The law on the tort (that is the civil wrong) of negligence draws a fundamental distinction between liability for acts and omissions or, put another way, between making matters …

This article is only available to subscribers.

Legal aid – means testing

December 2024/January 2025 | Crime

New mandatory disregards to the financial eligibility tests for criminal legal aid have been introduced (under The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024). From 20 November 2024, applications for criminal legal aid made from that date are affected. Clients already receiving legal aid (and paying legal aid contributions) …

This article is only available to subscribers.

SC – case management

December 2024/January 2025 | Procedure

The SC and the Judicial Committee of the Privy Council (JCPC) launched two brand-new websites and a Case Management Portal on 4 December 2024. In addition to providing access to resources the websites will also be a pathway to the new portal, which will enable users to file court documents digitally and track the progress …

This article is only available to subscribers.

EAT – whistleblowing

December 2024/January 2025 | Employment

Whistleblowing continues to be a hot topic and the EAT has recently heard a case involving the interesting mix of a research scientist, whistleblowing and Oxford University. The case summary is as follows: ‘C was employed by the R1 as a senior post-doctoral research scientist in R2’s lab on a series of fixed-term contracts the …

This article is only available to subscribers.

SRA consultation – client money

December 2024/January 2025 | Professional

The SRA has launched a consultation on the sensitive topic of solicitors holding client money. The questions posed by the SRA are: Should we be looking at ways to reduce the client money held by solicitors? What controls, checks and balances are appropriate? How should payments from the profession be calculated and payments from the …

This article is only available to subscribers.

EAT – striking out

December 2024/January 2025 | Employment

The ET has heard an interesting case regarding striking out. The case summary is as follows: ‘Following her dismissal for the given reason of gross misconduct the claimant in the employment tribunal brought wide-ranging legal complaints. At a preliminary hearing the tribunal struck out all of the complaints on various bases. The claimant appealed and …

This article is only available to subscribers.

CGT – disposal

December 2024/January 2025 | Tax

The FTT has heard a case regarding a point of significant interest to landowners and developers involving the operation of principal private residence (PPR) relief for CGT. The case is fact-specific and the FTT allowed the taxpayer’s claim for PPR from CGT where the taxpayer has entered into an agreement with a developer to carry …

ET – deduction of wages

December 2024/January 2025 | Employment

The ET has heard an unusual case in that it involved a wage bill of some £11m. While it is fair to say that most wage deduction claims will not involve such eye watering sums, employers should take note. The press summary is as follows: ‘This is a first-instance decision in a claim brought by …

This article is only available to subscribers.

Procedure – deputyship applications

December 2024/January 2025 | Wills, probate and administration

Practitioners advising on deputyships are reminded that all their applications must now be made online, or risk financial penalties. The requirement came into effect on 4 December 2024 and practitioners should by now have received a notification from HMCTS informing that applications are to be submitted via the gov.uk digital portal. Court of Protection Practice …

This article is only available to subscribers.