End-of-life judgments shouldn’t be made by one doctor, says new guidance – The Guardian

Posted July 29th, 2015 in news by sally

‘Judgments on when patients are reaching the end of their lives should be taken by a number of health experts rather than relying on the medical opinion of just one doctor, according to new guidance from health officials.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk

Comments Off on End-of-life judgments shouldn’t be made by one doctor, says new guidance – The Guardian

Denying prisoners legal aid may be illegal, appeal court rules – The Guardian

Posted July 29th, 2015 in news by sally

‘Denying prisoners in England and Wales legal aid so they can effectively challenge the conditions under which they are held could be illegal, the court of appeal has ruled.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

Comments Off on Denying prisoners legal aid may be illegal, appeal court rules – The Guardian

UK court convicts man of revenge killing in Pakistan – The Guardian

Posted July 29th, 2015 in news by sally

‘An abusive husband has been convicted of gunning down his mother-in-law on her doorstep in Pakistan in a revenge killing after his wife left him.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

Comments Off on UK court convicts man of revenge killing in Pakistan – The Guardian

Coroners must send bodies for scans rather than autopsies if religion demands they stay intact, High Court rules – The Independent

Posted July 29th, 2015 in news by sally

‘Coroners must send bodies for scans or blood tests rather than carry out invasive autopsies if the deceased’s religion demands the corpse must stay intact, the High Court has ruled, in a landmark legal victory for the religious rights of Jews and Muslims.’
Full story

The Independent, 28th July 2015

Source: www.independent.co.uk

Comments Off on Coroners must send bodies for scans rather than autopsies if religion demands they stay intact, High Court rules – The Independent

Child Protection and Data Protection – Panopticon

Posted July 29th, 2015 in news by sally

‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’

Full story

Panopticon, 23rd July 2015

Source: www.panopticonblog.com

Comments Off on Child Protection and Data Protection – Panopticon

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Posted July 29th, 2015 in news by sally

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Comments Off on Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Foreign criminals drive up house prices by laundering money into property – Daily Telegraph

Posted July 29th, 2015 in news by sally

‘Foreign criminals are laundering billions of pounds by purchasing expensive properties – pushing up house prices, the National Crime Agency has said.’
Full story

Daily Telegraph, 24th July 2015

Source: www.telegraph.co.uk

Comments Off on Foreign criminals drive up house prices by laundering money into property – Daily Telegraph

Man jailed after using explicit images of ex-wife in £2m blackmail bid – The Guardian

Posted July 29th, 2015 in news by sally

‘A British man who married the daughter of an American billionaire has been jailed for 12 years after plotting to extort £2m from the family by posting sexually explicit photos of her online.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

Comments Off on Man jailed after using explicit images of ex-wife in £2m blackmail bid – The Guardian

Couple fined £650 for taking sons out of school to visit ill grandfather – The Guardian

Posted July 28th, 2015 in education, fines, local government, news, school children by sally

‘A couple who took their children out of school without permission to visit their sick grandfather overseas have been fined by a magistrates court in Preston.’
Full story

The Guardian, 24th July 2015

Source: www.guardian.co.uk

Comments Off on Couple fined £650 for taking sons out of school to visit ill grandfather – The Guardian

Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
Full story

Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Comments Off on Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

Full story

The Independent, 25th July 2015

Source: www.independent.co.uk

Comments Off on Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

Full story

Panopticon, 24th July 2015

Source: www.panopticonblog.com

Comments Off on Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

Full story

Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk

Comments Off on Primary considerations – Nearly Legal

Article 2 inquests – are they becoming more common for grieving families? – Park Square Barristers

Posted July 28th, 2015 in families, human rights, inquests, legal aid, news by sally

‘It seems that every time I watch the news or read a newspaper there is some report following an Article 2 style inquest. If Article 2 style inquests are becoming more common, is the ambit of the inquisition broadening generally? Laura Addy questions whether this prospect is why the government attempted to limit access to legal aid for families involved in inquests and may be influencing the decision to repeal the Human Rights Act 1998. As a member of Park Square Barrister’s Regulatory and Public Law Team, Laura is often instructed to attend and represent families at inquests. She considers the importance of coroner’s inquest and the role of the family of the deceased.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Comments Off on Article 2 inquests – are they becoming more common for grieving families? – Park Square Barristers

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Comments Off on Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

Duties and liabilities of trustees: Lessons from recent cases – New Square Chambers

Posted July 28th, 2015 in appeals, judgments, news, trusts by sally

‘There have been a number of recent cases which provide useful guidance in considering the scope of trustees’ duties when faced with decisions as to whether or not to sell or retain land, or to incur expenditure on repairs, or to take legal action.’
Full story

New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Comments Off on Duties and liabilities of trustees: Lessons from recent cases – New Square Chambers

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Comments Off on Late amendments – A new approach – Hardwicke Chambers

Challenging fraudulent judgments – Radcliffe Chambers

Posted July 28th, 2015 in evidence, expert witnesses, forgery, fraud, news, setting aside by sally

‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘

Full story

Radcliffe Chambers, 15th June 2015

Source: www.radcliffechambers.com

Comments Off on Challenging fraudulent judgments – Radcliffe Chambers

The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Comments Off on The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

Commercial nonsense and the reasonable man: Arnold v Britton & Ors [2015] UKSC 36 – Hardwicke Chambers

Posted July 28th, 2015 in appeals, covenants, leases, news, Supreme Court by sally

‘In this case, the Supreme Court considered to what extent lessees could escape what appeared to be a very bad bargain indeed. The crux of the case was: to what extent can commercial common sense defeat a contractual provision which defies it?”

Full story

Hardwicke Chambers, 24th July 2015

Source: www.hardwicke.co.uk

Comments Off on Commercial nonsense and the reasonable man: Arnold v Britton & Ors [2015] UKSC 36 – Hardwicke Chambers