Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette

Posted July 27th, 2016 in appeals, civil justice, costs, courts, employment tribunals, internet, news by sally

‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’

Full story

Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

Comments Off on Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette

The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Comments Off on The Human Rights Act helps us hold power to account. We must defend it – The Guardian

The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

Full story

New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

Comments Off on The fight against fraud – New Law Journal

Part 1: the Prevent Duty for Universities – Cloisters

‘In this article I deal with the basics of the legal framework for the Prevent Duty. The simplest way of thinking about the Prevent Duty is visualisation. Imagining that you are the character at which Dirty Harry is pointing his gun in that film while uttering the words: “You’ve got to ask yourself one question: “do I feel lucky?”… Well do you punk?” The government has attempted to shift the publicity and legal risks from itself to the universities by use of the Prevent Duty. On the face of it universities have a dilemma: how to have due regard to the need to prevent people being drawn into terrorism, whilst taking all reasonably practicable steps to ensure free speech and academic freedom.’

Full story

Cloisters, 26th July 2016

Source: www.cloisters.com

Comments Off on Part 1: the Prevent Duty for Universities – Cloisters

UK government tests whether ‘online activity history’ can serve to verify identity – OUT-LAW.com

Posted July 27th, 2016 in data protection, internet, news, parliament, privacy, statistics by sally

‘The UK government has tested whether internet users’ “online activity history”, including data from social networks, can be used to verify their identity when they use online public services.’

Full story

OUT-LAW.com, 26th July 2016

Source: www.out-law.com

Comments Off on UK government tests whether ‘online activity history’ can serve to verify identity – OUT-LAW.com

BAILII: Recent Decisions

Posted July 27th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Simpson v Mirror Group Newspapers Ltd [2016] EWCA Civ 772 (26 July 2016)

Ely v Robson [2016] EWCA Civ 774 (26 July 2016)

Ali v Ansar-Ali [2016] EWCA Civ 781 (26 July 2016)

Federation of Independent Practitioner Organisations v Competition and Markets Authority [2016] EWCA Civ 777 (25 July 2016)

O’Connor v Bar Standards Board [2016] EWCA Civ 775 (25 July 2016)

Hydro v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 784 (22 July 2016)

Citizenm LND St Paul’s Properties BV v Chil Lte & Ors [2016] EWCA Civ 771 (21 July 2016)

OMV Petrom SA v Glencore International AG [2016] EWCA Civ 778 (21 July 2016)

Court of Appeal (Criminal Division)

Singh v R [2016] EWCA Crim 1036 (26 July 2016)

High Court (Administrative Court)

Hawksworth Securities Plc, R (on the application of) v Ireef Queensgate Peterborough Propco SARL & Ors [2016] EWHC 1870 (Admin) (26 July 2016)

Leeds City Council v Broadley [2016] EWHC 1839 (Admin) (26 July 2016)

Tyrrell v HM Senior Coroner County Durham & Darlington & Anor [2016] EWHC 1892 (Admin) (26 July 2016)

Veolia ES Landfill Ltd & Anor, R (on the application of) v HM Revenue & Customs [2016] EWHC 1880 (Admin) (25 July 2016)

Wilkinson, R (On the Application Of) v South Hams District Council & Anor [2016] EWHC 1860 (Admin) (25 July 2016)

The States of Guernsey & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2016] EWHC 1847 (Admin) (22 July 2016)

DAT & Anor, R (on the application of) v West Berkshire Council [2016] EWHC 1876 (Admin) (22 July 2016)

Puceviciene v Lithuanian Judicial Authority [2016] EWHC 1862 (Admin) (22 July 2016)

Working Title Films Ltd, R (on the application of) v Westminster City Council & Anor [2016] EWHC 1855 (Admin) (22 July 2016)

Secretary of State for the Home Department v AL [2016] EWHC 1845 (Admin) (21 July 2016)

High Court (Chancery Division)

Various Claimants v MGN Ltd [2016] EWHC 1894 (Ch) (25 July 2016)

Haederle v Thomas [2016] EWHC 1866 (Ch) (22 July 2016)

Carey & Anor v Burgoyne & Anor [2016] EWHC 1867 (Ch) (22 July 2016)

Gorbunova v The Estate of Boris Berezovsky (aka Platon Elenin) (Deceased) & Ors [2016] EWHC 1829 (Ch) (22 July 2016)

Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch) (21 July 2016)

High Court (Family Division)

L (Habitual Residence: Domestic Abuse), Re [2016] EWHC 1844 (Fam) (22 July 2016)

BC v DE (Rev 1) [2016] EWHC 1806 (Fam) (21 July 2016)

Source: www.bailii.org

Comments Off on BAILII: Recent Decisions

Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’

Full story

UK Constitutional Law Association, 27th July 2016

Source: www.ukconstitutionallaw.org

Comments Off on Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

Workers’ rights must not be bartered away in Brexit negotiations – The Guardian

Posted July 27th, 2016 in EC law, employment, news, referendums, statistics, trade unions by sally

‘Unions warned workers might pay the price for leaving the EU. The government must not invoke article 50 until it has negotiated a secure future for them ‘

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Comments Off on Workers’ rights must not be bartered away in Brexit negotiations – The Guardian

Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette

‘Social media communications will be the subject of new guidance issued to prosecutors as part of the government’s action plan to tackle hate crime following an increase in the number of incidents.’

Full story

Law Society’s Gazette, 26th July 2016

Source: www.lawgazette.co.uk

Comments Off on Hate crime guidance for prosecutors to deal with social media – Law Society’s Gazette

Fees fi fo fum – New Law Journal

Posted July 27th, 2016 in advocacy, appeals, civil procedure rules, costs, courts, damages, fees, news by sally

‘David Wright discusses fixed advocacy fees.’

Full story

New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

Comments Off on Fees fi fo fum – New Law Journal

Universities getting better on consumer law issues, but work still to be done, says CMA – OUT-LAW.com

‘Awareness among universities of their responsibilities under consumer protection law is increasing, although some poor practices remain, the UK’s competition watchdog has found.’

Full story

OUT-LAW.com, 26th July 2016

Source: www.out-law.com

Comments Off on Universities getting better on consumer law issues, but work still to be done, says CMA – OUT-LAW.com

New Act – legislation.gov.uk

Posted July 27th, 2016 in legislation by tracey

Supply and Appropriation (Main Estimates) Act 2016

Source: www.legislation.gov.uk

Comments Off on New Act – legislation.gov.uk

Survivors must have a stronger voice in Goddard abuse inquiry – The Guardian

Posted July 27th, 2016 in child abuse, evidence, inquiries, news, parliament, sexual offences, victims by sally

‘Justice Lowell Goddard will be unable to deliver justice or tackle child sex abuse if her inquiry sidelines survivors.’

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Comments Off on Survivors must have a stronger voice in Goddard abuse inquiry – The Guardian

Recent Statutory Instruments – legislation.gov.uk

Posted July 27th, 2016 in legislation by tracey

The Civil Procedure (Amendment No. 3) Rules 2016

The Export Control (Libya Sanctions) Order 2016

The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016

The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

The Childcare Payments (Amendment) Regulations 2016

The Childcare Payments (Eligibility) (Amendment) Regulations 2016

The Education (Pupil Registration) (England) (Amendment) Regulations 2016

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2016

The Climate Change Act 2008 (Credit Limit) Order 2016

The Carbon Budget Order 2016

The Contracts for Difference (Miscellaneous Amendments) Regulations 2016

The Police (Amendment) Regulations 2016

The Nuclear Industries Security (Amendment) Regulations 2016

The Wireless Telegraphy (Licence Charges for the 900 MHz frequency band and the 1800 MHz frequency band) (Amendment and Further Provisions) (Amendment) Regulations 2016
The Pubs Code etc. Regulations 2016

The Warm Home Discount (Miscellaneous Amendments) Regulations 2016

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2016

The Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016

Source: www.legislation.gov.uk

Comments Off on Recent Statutory Instruments – legislation.gov.uk

The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

Full story

Cloisters, 25th July 2016

Source: www.cloisters.com

Comments Off on The Simmons v Castle debate continues – Cloisters

LGO urges action by council on planning complaint against predecessor body – Local Government Lawyer

‘The Local Government Ombudsman has issued a further report against Durham County Council in relation to a planning complaint involving a predecessor authority.’

Full story

Local Government Lawyer, 26th July 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on LGO urges action by council on planning complaint against predecessor body – Local Government Lawyer

Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

‘A barrister who encouraged a client to search online for damaging information about another member of the Bar, and then told her to deny that he had done so, has been reprimanded by a Bar disciplinary tribunal.’

Full story

Legal Futures, 27th July 2016

Source: www.legalfutures.co.uk

Comments Off on Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

Inside the UK’s biggest prison – BBC News

‘By the end of this year, HMP Oakwood in Staffordshire will be the largest prison in the UK, with more than 2,000 inmates. Run by private firm G4S, Oakwood’s reputation was dented in 2014 when a wing in the prison was taken over by inmates. Sima Kotecha has been inside.’

Full story

BBC News, 27th July 2016

Source: www.bbc.co.uk

Comments Off on Inside the UK’s biggest prison – BBC News

Five things you may have missed about the Chilcot inquiry – The Guardian

‘Much of the furore surrounding the Iraq war report focused on the failings of Tony Blair. But there were other, crucial findings that shouldn’t be ignored.’

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Comments Off on Five things you may have missed about the Chilcot inquiry – The Guardian

Seaside arcade ordered to pay £300 to girl, 8, after refusing to give her prize – Daily Telegraph

Posted July 27th, 2016 in children, compensation, gambling, news by sally

‘A seaside amusement arcade has been ordered to pay back more than £300 to an eight-year-old girl because they refused to give her a prize.’

Full story

Daily Telegraph, 26th July 2016

Source: www.telegraph.co.uk

Comments Off on Seaside arcade ordered to pay £300 to girl, 8, after refusing to give her prize – Daily Telegraph