Law360: The Minister for Equalities has declined to say when promised legislation to introduce ethnicity and disability pay gap reporting will be put forward.

Dispute Resolution analysis: On appeal, it has been held that a master should have struck out a claim brought by a victim of authorised push payment (‘APP’) fraud against a recipient bank, of which the victim was not a customer, alleging a tortious duty of retrieval. The pleaded claim was premised upon a misinterpretation of the decision of the Supreme Court in Philipp v Barclays Bank UK plc. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Restructuring & Insolvency analysis: The court held that Windrush Alliance UK CIC (the company) (a provider of social housing) could not establish a genuine and substantial dispute sufficient to justify the winding-up petition presented against it to be set aside or struck out. The fundamental issue in the case was that the incumbent directors appeared to be ‘saddled with’ a settlement agreement that had been entered into between a former director. Criticisms of the former director’s conduct, and any breaches of the regulations imposed on the company by reason of the nature of its business, had no bearing on the issue that fell to be determined on the hearing of the winding-up petition. There was no basis for revisiting the terms of the settlement agreement, its validity could not be impugned by reason of a restriction in the company’s Articles of Association, and evidence of fraud was insufficiently thin to raise a substantial dispute. Written by Samuel Parsons, barrister at Erskine Chambers.

Pensions analysis: The Pensions Ombudsman has partially upheld a complaint about a return of pension paid by mistake. Martin Scott of gunnercooke LLP looks at the decision.

PI & Clinical Negligence analysis: It has been commonly perceived that there is a rule specific to intervening clinical negligence in personal injury cases, which limits the doctrine of novus actus interveniens to situations where the medical treatment in question is deemed to have been so grossly negligent as to be a completely inappropriate response to the injury which a claimant has suffered. But, in his judgment in Jenkinson v Hertfordshire CC, Mr Justice Andrew Baker has reviewed and rejected the notion of such a rule existing. Written by Geoffrey Brown of 39 Essex Chambers.

TMT analysis: The High Court has dismissed an application for summary judgment or strike out of this defamation claim, which concerned a number of messages sent to a family WhatsApp group accusing the claimant of dishonesty and of perjuring himself. The court considered the relationship between section 9 of Defamation Act 2013 (DA 2013) and CPR Pt 11, finding that a failure to follow CPR Pt 11 procedure did not result in the defendant waiving its right to challenge jurisdiction under DA 2013, s 9. The court nonetheless held that the claimant had a realistic prospect of demonstrating that the defendant was domiciled in the UK at the relevant time and therefore, that it would have jurisdiction.

The equitable power of the Court of Session and High Court of Justiciary.

A point of connection to a network. A switching node is a point at which switching occurs.

This term is used to mean uncertainty about the future not directly related to investment market uncertainty, eg an insurance company's uncertainty about the size of future claims on its policies.

Noise nuisance Noise accounts for most of the complaints that local authorities and the Environment Agency (EA) receive concerning environmental pollution. Noise can be defined as any unwanted sound which occurs unexpectedly, or is too loud or repetitive. Noise at certain decibel ranges can be hazardous to health, low frequency noise being as damaging as loud noise. Noise nuisance is generally dealt with by local authorities as an environmental health issue. The police deal with complaints where the noise amounts to a breach of the peace, or where it is associated with threatening, violent or other anti-social behaviour. The police and local councils often work together in taking measures or obtaining orders against residents engaging in anti-social behaviour, ie causing alarm, harassment and distress to others. See Practice Note: Anti-social behaviour—environmental breaches. Public nuisance To create a public nuisance is a tort and also an offence, previously at common law and now under section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022). It is

Fixed recoverable costs in noise-induced hearing loss (NIHL) claims were introduced following recommendations made by the Civil Justice Council. The main provisions can be found in: • Pre-Action Protocol for Disease and Illness Claims, Annex E • Section VIII of CPR 45 • Table 15 of CPR PD 45 Annex E of the Pre-Action Protocol for Disease and Illness Claims Scope The Pre-Action Protocol for Disease and Illness Claims, Annex E applies where: • the claim is for NIHL • the claim is likely to be suitable for allocation to the fast track • the first letter of claim is sent on or after 1 October 2023 Annex E is intended to support the regime for fixed recoverable costs set out in Section VIII of CPR 45. Where there is a difference between the general provisions of the Pre-Action Protocol for Disease and Illness Claims and the contents of Annex E, the provisions in Annex E take precedence. Excluded cases The following types of NIHL