Recent Statutory Instruments – legislation.gov.uk

Posted April 21st, 2015 in legislation by sally

SI 2015/914 – The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015

SI 2015/1001 – The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015

SI 2015/1027 – The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2015
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Current Issues in Cerebral Palsy & Brain Injury Claims – Cloisters

Posted April 21st, 2015 in news by sally

‘This is the legal round up slot. There have been a number of interesting first instance cerebral palsy cases reported in 2014/15. The most interesting of which are Tippett v Guy’s & St Thomas’ Hospital NHS Foundation Trust [2014] EWHC 917 (QB) and Baynham v Royal Wolverhampton Hospitals NHS Trust [2014] EWHC. I am going to focus on these two cases.’

Full story (PDF)

Cloisters, 9th April 2015

Source: www.cloisters.com

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Command Papers – GOV.UK

Posted April 21st, 2015 in news by sally

Government response to the House of Commons Foreign Affairs Committee Report: UK government policy on the Kurdistan Region of Iraq, Cm 9029

Memorandum to the Energy and Climate Change Committee: Post Legislative Scrutiny of the Energy Act 2010, Cm 9018

Government response to 2014 Great Western franchise consultation, Cm 9040
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Neil Moore: Con artist jailed for escaping from prison by sending staff a fake email – The Independent

Posted April 21st, 2015 in news by sally

‘A con artist has been jailed after he made an “ingenious” escape from prison by sending staff a fake email saying he had been granted bail.’

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The Independent, 20th April 2015

Source: www.independent.co.uk

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Review of Costs Budgeting Process by Jackson LJ – Zenith PI Blog

Posted April 21st, 2015 in news by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

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Chilcot inquiry into Iraq War ‘unlikely to be published this year’ – The Independent

Posted April 21st, 2015 in news by sally

‘The British inquiry into the 2003 Iraq war and its aftermath, which completed its last hearing in February 2011 with the promise to report back in “some months”, is unlikely to be published this year.’

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The Independent, 21st April 2015

Source: www.independent.co.uk

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Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog

Posted April 21st, 2015 in news by sally

‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

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Teenager walks free from court after trying to order lethal toxin over internet – The Guardian

Posted April 21st, 2015 in news by sally

‘A “troubled” 16-year-old boy from Greater Manchester who ordered a deadly toxin from the dark web has walked free from court after claiming he tried to buy the poison to kill himself.’

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The Guardian, 20th April 2015

Source: www.guardian.co.uk

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Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order – Litigation Futures

Posted April 21st, 2015 in news by sally

‘Lord Justice Jackson has shown his merciful side in overturning a “swingeing” costs order which would have wiped out the £75,000 damages won by the claimant in a housing case.’

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Litigation Futures, 21st April 2015

Source: www.litigationfutures.com

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Clive Howard: ‘dangerous predator’ rapist jailed for more than 10 years – The Guardian

Posted April 21st, 2015 in news by sally

‘A victim of a night-stalker rapist who preyed on lone women has described how she was “violated in the worst possible way”, as her attacker was jailed for life.’

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The Guardian, 20th April 2015

Source: www.guardian.co.uk

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West Midlands gang who hid behind umbrellas to steal £177k from 13 shops jailed for 27 years – The Independent

Posted April 21st, 2015 in news by sally

‘Armed gang members who used umbrellas to hide their identities as they embarked on a crime spree that saw them steal £177,000 from shops and supermarkets across the West Midlands have been jailed for more than 27 years.’

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The Independent, 20th April 2015

Source: www.independent.co.uk

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Transgender father loses court battle over children’s birth certificates – Daily Telegraph

Posted April 21st, 2015 in news by sally

‘She claimed it was discrimination and a breach of her human right to respect for her private and family life not to take the description ‘father’ off the children’s birth certificates.’

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Daily Telegraph, 21st April 2015

Source: www.telegraph.co.uk

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Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

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Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

Full story (PDF)

Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

Full story (PDF)

11 Stone Buildings, 15th April 2015

Source: www.11sb.com

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

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