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NEWS
Law360: Societe Generale SA (SocGen) relaunched its fight on 8 October 2024 to force its €140m negligence case against Clifford Chance LLP out of England, arguing before the Court of Appeal that it should be heard in France.
NEWS
Law360: Societe Generale SA (SocGen) lost its application on 1 December 2023 to persuade a judge to overturn his decision that the English courts are the appropriate venue for the lender's €1140m (US$152m) negligence claim against Clifford Chance.
NEWS
Law360, London: Société Générale SA and Clifford Chance LLP have settled their €140m dispute over the bank's allegations that the law firm gave negligent advice that caused its claim in a multimillion-dollar dispute over gold bullion to be struck out as an abuse of process.
GLOSSARY
An organisation with a social purpose, operating as a self-sustaining business, which is commonly in the form of a Charity, or a Community Interest Company.
NEWS
Research from the Social Mobility Foundation shows that workers in higher managerial, administrative and professional occupations from working-class backgrounds are paid an average of £6,287 – or 12% – less per year than their more privileged counterparts in the same occupations. The Foundation call on the Government to introduce mandatory class pay gap reporting for all large employers to break down barriers to opportunity.
NEWS
The Social Mobility Policy Committee has published its report, Social Mobility: Local Roots, Lasting Change, assessing progress and challenges in improving social mobility across the UK. The report examines the definition and measurement of social mobility, barriers faced by young people not in education, employment or training (NEETs), and the importance of education and vocational pathways for 16–18-year-olds. It calls for improved data management and clearer division of responsibilities between central and local government. The Committee recommends targeted support for disadvantaged groups, stronger cross-government collaboration, and the creation of robust frameworks to deliver sustainable improvements in social mobility outcomes.
GLOSSARY
[means [insert relevant purpose for investee company which is likely to be linked to a UN Sustainable Development Goal]. OR means [insert relevant purpose for investee company as expressed in the company’s articles][[ and that contribute to and are not [materially] inconsistent with UN Sustainable Development Goals [insert number of relevant goals]].]
PRACTICE NOTES
State benefits can be broken down into four categories which are: • income maintenance benefits (non-means tested)—these are designed to replace earnings and a small amount of work may be permitted. They are not means tested and a partner’s income is not relevant • benefits for the disabled and families—these are designed to reflect the additional cost of being disabled • means tested benefits—these are assessed on both partners in a couple and often act as a top up as social security benefits are paid at such a low level • tax credits—these are paid to older people who are still employed and responsible for dependent children. There are no new claims permitted and now a claim would be made for additional universal credit or pension credit child addition if both partners are over pension age The tables below summarises key eligibility criteria but does not provide full details, which are beyond the scope of this note. This Practice Note aims to provide an overview of benefits to ensure that practitioners are aware of
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Part 2 of the Children and Social Work Act 2017 (CASWA 2017) established Social Work England (SWE) as the regulator of social workers in England, taking over from the Health and Care Professions Council (HCPC). The regulation of social workers was taken over by SWE from the Health and Social Care Professions Council in December 2019. SWE comes under the auspices of the Professional Standards Authority. This means that the Professional Standards Agency is able to refer a case to the High Court in certain circumstances. See Practice Note: Professional Standards Authority [Archived]. SWE was set up with a view to taking a new approach to regulation. As such, some differences can be expected between the approach of more established regulators and SWE. SWE seeks to set the tone of a collaborative regulator, emphasising that it shares the values of those whom it regulates. On a practical level, what this means for the fitness to practise
NEWS
PI & Clinical Negligence analysis: In a significant High Court ruling, a claim for contribution against a volunteer-run organisation responsible for arranging a sporting event, was dismissed by Mr Justice Ritchie. This decision followed a serious accident involving a participant, where the primary defendant's insurer sought to recover costs from the voluntary body. The insurer alleged that the organisation was negligent in its risk assessment processes and failed to provide adequate warning measures. The court determined that the volunteer organisation did owe a duty of care to its members. However, the organisation had successfully discharged its duty. The judgment is notable for establishing a standard of care that specifically accounts for and recognises the efforts of organisations run by amateurs and volunteers, taking into consideration legislation such as the Social Action, Responsibility and Heroism Act 2015 (SARHA 2015) and the Compensation Act 2006 (ComA 2006). This provides important clarity on the liability expectations for beneficial community activities supported by voluntary effort. Written by Jennifer Dickinson, barrister at Cobden House Chambers.
NEWS
Immigration analysis: Iain Palmer, barrister, and Kim Renfrew, senior caseworker, at Barnes, Harrild & Dyer Solicitors consider the judgement in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, [2019] All ER (D) 156 (Nov). In this case, the Court of Appeal analyses four common issues in deportation appeals. Specifically, under Section 117C(4) of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002): (1) the meaning of ‘lawful residence’, (2) in what circumstances can it be said that a person’s social and cultural integration has been broken by criminality and periods of imprisonment, (3) ‘very significant obstacles’, and (4) ‘very compelling circumstances’ under NIAA 2002, s 117C(6). Also, in assessing ‘very compelling circumstances’ the Court holds that the application of the principles from Maslov v. Austria Case C-1638/03, [2009] INLR 47 is not limited to those whose residence for most of their childhoods has been lawful. While the case is particularly relevant to the appeals of individuals who arrived in the UK during childhood, the judgment is of general importance to those seeking to rely on the private life exceptions under NIAA 2002, s 117C in challenging deportation.
PRACTICE NOTES
Insolvency of private not-for-profit registered providers of social housing The social housing sector in England is commonly described as a ‘no default’ sector. This refers to the fact that there has been no insolvent winding-up of any English private not-for-profit registered provider of social housing (NFPRP) of any significant size. Where troubled providers have found themselves in financial difficulties, the regulator of social housing (in various historic guises) (the Regulator) has to date managed to use its powers of regulatory intervention and its influence within the sector and with its main funder to arrange for takeovers of struggling providers by ‘white knights’, usually larger NFPRPs operating in a similar geographical area to the distressed entity or ones with relevant professional expertise. The current housing administration regime was introduced by Part 4, Chapter 5 of the Housing and Planning Act 2016 (HPA 2016) which was brought into force on 5 July 2018. These provisions were subject to minor amendment by the Social Housing (Regulation) Act 2023. The regime applies to private registered providers