24/08/2016 – Current Awareness

The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in brexit, EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

Posted August 24th, 2016 in brexit, competition, constitutional law, EC law, immigration, interpretation, news, referendums, state aids, treaties by sally

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

Posted August 24th, 2016 in accidents, appeals, compensation, damages, employment, fraud, health & safety, misrepresentation, news, personal injuries, Supreme Court by sally

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

EVENT: LSE – A Public Lecture by Martha Spurrier, Director of Liberty

Posted August 24th, 2016 in Forthcoming events by sally

‘Over the last decade hostile political rhetoric has been mirrored by the entrenchment of discrimination in our laws and our policies and a sustained threat to our Human Rights Act. In 2016 politicians entered a race to the bottom on human rights and migration issues. Recent polling has found that more people think there are more tensions between communities than there were six months ago. Hate crime has spiked. Now more than ever human rights must be our unifying values. As the UK looks to its new future, this talk will reflect on how human rights – and human rights activists – can offer a national identity of tolerance, diversity and equality, and where the battle lines will be drawn in the months to come.’

Date: 19th October 2016, 6.30-8.00pm

Location: Sheikh Zayed Theatre, New Academic Building

Charge: Free

More information can be found here.

Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

Father who backs ‘harmful’ alternative cancer medication should have baby taken into care, says judge – Daily Telegraph

Posted August 24th, 2016 in autism, cancer, care orders, children, family courts, health, medicines, news by sally

‘A baby boy whose father advocates the use of “harmful alternative medication” should be taken into council care, a family court judge has decided.’

Daily Telegraph, 23rd August 2016

Source: www.telegraph.co.uk

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

Posted August 24th, 2016 in civil procedure rules, compensation, costs, damages, disclosure, documents, employment, health & safety, news, personal injuries, pre-action conduct by sally

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Force family lawyers to offer fixed fees, consumer panel suggests – Legal Futures

Posted August 24th, 2016 in competition, dentists, family courts, fees, legal services, news, statistics by sally

‘Family law specialists should be required to work under fixed fees, the Legal Services Consumer Panel has suggested as it ramped up its call for regulatory intervention to improve transparency in the market.’

Legal Futures, 24th August 2016

Source: www.legalfutures.co.uk

Courts must prepare for significant increases in care cases, says top judge – Local Government Lawyer

Posted August 24th, 2016 in care orders, children, families, family courts, news, pilot schemes, statistics by sally

‘The family courts must plan on the basis that there will continue to be significant increases in care cases, the President of the Family Division has warned.’

Local Government Lawyer, 23rd August 2016

Source: www.localgovernmentlawyer.co.uk

‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

Posted August 24th, 2016 in appeals, EC law, HM Revenue & Customs, interpretation, news, statistics, taxation, tribunals by sally

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

Aviation regulator calls for anyone found carrying laser pointers to be arrested in bid to cut number of attacks on aircraft – The Independent

Posted August 24th, 2016 in aircraft, news, prosecutions, statistics by sally

‘People found carrying powerful laser pointers should be arrested even if they are not using them, the head of the UK’s aviation regulator has said.’

The Independent, 24th August 2016

Source: www.independent.co.uk

Court of Appeal threshold to remain unchanged – Law Society’s Gazette

Posted August 24th, 2016 in civil procedure rules, delay, news, oral hearings, statistics by sally

‘The Law Society has welcomed a government decision not to raise the threshold for permission to take cases to the Court of Appeal as part of a package of reforms to reduce delays.’

Law Society’s Gazette, 24th August 2016

Source: www.lawgazette.co.uk

Modern divorce: the new rules of splitting up – The Guardian

Posted August 24th, 2016 in budgets, dispute resolution, divorce, legal aid, legal representation, married persons, news, statistics by sally

‘The end of the summer holidays is a peak period for breakups. But now couples are looking for fast and amicable ways to avoid being mired in the blame game, will the law finally catch up?’

The Guardian, 23rd August 2016

Source: www.guardian.co.uk

Flasher chooses to avoid jail when asked to decide his own sentence by judge – Daily Telegraph

Posted August 24th, 2016 in indecent exposure, news, sentencing, sexual offences by sally

‘A paedophile who flashed a mother at a bus stop chose to avoid going to jail in a bizarre courtroom scene which saw him allowed to raise his hand to choose a sentence.’

Daily Telegraph, 23rd August 2016

Source: www.telegraph.co.uk

Just one in four cannabis users are charged and arrests have fallen by almost 50% since 2010, new figures show – The Independent

Posted August 24th, 2016 in drug offences, news, police, statistics by sally

‘Just one in four people caught with cannabis are charged by police across England and Wales, new figures reveal, while arrests and cautions have fallen by almost half and charges have fallen by a third since 2010.’

The Independent, 13th August 2016

Source: www.independent.co.uk

Ladbrokes Iron Man 3 ad banned over ‘child appeal’ – BBC News

Posted August 24th, 2016 in advertising, children, complaints, gambling, news by sally

‘An advert for bookmaker Ladbrokes featuring Marvel superhero Iron Man has been banned over fears it would appeal to children.’

BBC News, 24th August 2016

Source: www.bbc.co.uk

Man given suspended sentence for death threat to MP – The Guardian

Posted August 24th, 2016 in autism, guilty pleas, homosexuality, Islam, malicious communications, mental health, news, parliament, racism, sentencing, suspended sentences, telecommunications, threatening behaviour by sally

‘A man who sent a threatening voice message to senior Labour MP Ben Bradshaw the day before the killing of parliamentary colleague Jo Cox has been given a suspended sentence.’

The Guardian, 23rd August 2016

Source: www.guardian.co.uk

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