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Law digests: 23 June 2023

23 June 2023
Issue: 8030 / Categories: Case law , In Court , Law digest
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Charity

London Borough of Merton Council v Nuffield Health [2023] UKSC 18, [2023] All ER (D) 12 (Jun)

The Supreme Court dismissed the appellant local authority’s appeal against a finding that a gym run by the respondent charity (Nuffield) qualified as being used for charitable purposes and accordingly, the public benefit requirement, which was an invariable condition of charitable status, was satisfied. The court identified two conditions for entitlement to the mandatory 80% relief from business rates: (i) that the ratepayer was a charity or trustees for a charity; and (ii) that the premises in question were used wholly or mainly for the charitable purposes of the ratepayer, or of the ratepayer and other particular charities. In the circumstances, Nuffield used the gym wholly or mainly for its charitable purposes.


Costs

King v Bar Mutual Indemnity Fund and other cases [2023] EWHC 1408 (Ch), [2023] All ER (D) 34 (Jun)

The Chancery Division allowed the applicants’ application to set aside statutory demands made on them in the course of proceedings

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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