32Red hit with £2m penalty for sole problem gambler – BBC News

Posted June 20th, 2018 in news by sally

‘Online gambling operator 32Red has been hit with a £2m penalty for failing to protect a problem gambler.’

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BBC News, 20th June 2018

Source: www.bbc.co.uk

Court of Appeal upholds ‘reasonable’ widely-drafted exclusion clause – OUT-LAW.com

Posted June 20th, 2018 in news by sally

‘A widely-drafted exclusion clause in the standard terms of a fire protection system provider was not unreasonable, and therefore should be upheld, the Court of Appeal has confirmed.’

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OUT-LAW.com, 19th June 2018

Source: www.out-law.com

Profession keeps on growing as women form the majority – Law Society’s Gazette

Posted June 20th, 2018 in news by sally

‘Ninety-five years after the profession admitted Carrie Morrison, women have overtaken men as a majority of practising solicitors. That is the stand-out finding of the Law Society Annual Statistics Report, which continues to track a trend of long-term and bullish growth.’

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Law Society's Gazette, 18th June 2018

Source: www.lawgazette.co.uk

Widespread blame expected from inquiry into suspicious hospital deaths – The Guardian

Posted June 20th, 2018 in news by sally

‘A four-year inquiry into the deaths of hundreds of elderly people who were routinely prescribed opioid drugs is expected to say that blame lies not just with the doctor involved but also those who worked with her, failed to monitor her and who failed to investigate – including the government.’

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The Guardian, 20th June 2018

Source: www.theguardian.com

A treatise in defence of ground rents – Hardwicke Chambers

Posted June 19th, 2018 in news by sally

‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’

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Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

Legal professional privilege under attack again (even Donald Trump thinks so!) – Hardwicke Chambers

Posted June 19th, 2018 in legal profession, news, privilege, solicitors by sally

‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’

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Hardwicke Chambers, 25th May 2018

Source: www.hardwicke.co.uk

SCCO refuses latest bid for solicitor’s file as appeal looms – Litigation Futures

Posted June 19th, 2018 in appeals, costs, documents, law firms, news, personal injuries, solicitors by sally

‘The Senior Courts Costs Office (SCCO) has again rejected a bid by a personal injury client for access to their former law firm’s file.’

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Litigation Futures, 18th June 2018

Source: www.litigationfutures.com

Opportunistic Conduct and Good Faith – the line that joint venturers may not cross – Hardwicke Chambers

Posted June 19th, 2018 in agreements, contracts, joint ventures, news by sally

‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’

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Hardwicke Chambers, 16th May 2018

Source: www.hardwicke.co.uk

Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

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Family Law, 18th June 2018

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2018 in legislation by tracey

The Civil Registration Fees (Data-Sharing) Regulations 2018

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018

The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018

The Insolvency of Registered Providers of Social Housing Regulations 2018

The Water Supply (Water Quality) (Amendment) Regulations 2018

The Private Water Supplies (England) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

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Oxford Human Rights Hub, 18th June 2018

Source: ohrh.law.ox.ac.uk

Supreme Court rules on true employment status of a contractor in Pimlico Plumbers case – UK Human Rights Blog

Posted June 19th, 2018 in appeals, employment, news, self-employment, substitution, Supreme Court by sally

‘The Supreme Court has unanimously dismissed Pimlico Plumbers Ltd’s appeal and upheld the Employment Tribunal’s ruling that the Respondent – Mr Smith – a plumbing and heating engineer had been:

(a) a “worker” within the meaning of section 230(3) of the Employment Rights Act 1996;

(b) a “worker” within the meaning of regulation 2(1) of the Working Time Regulations 1998 (SI 1998/1833)

(c) in Pimlico’s “employment” within the meaning of section 83(2)(a) of the Equality Act.’

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UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted June 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371 (18 June 2018)

Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 (15 June 2018)

Axa Insurance UK Plc v Financial Claims Solutions Ltd & Ors [2018] EWCA Civ 1330 (15 June 2018)

Connell, R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1329 (15 June 2018)

SS (Sri Lanka), R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1391 (15 June 2018)

Court of Appeal (Criminal Division)

Rostami v R [2018] EWCA Crim 1383 (19 June 2018)

High Court (Administrative Court)

Parkinson, R (On the Application Of) v HM Senior Coroner for Kent [2018] EWHC 1501 (Admin) (15 June 2018)

High Court (Chancery Division)

TQ Delta LLC v Zyxel Communications UK Ltd & Anor [2018] EWHC 1515 (Ch) (13 June 2018)

Keystone Healthcare Ltd & Anor v Parr & Ors 2018] EWHC 1509 (Ch) (18 June 2018)

Richmond v Selecta Systems Ltd [2018] EWHC 1446 (Ch) (14 June 2018)

High Court (Commercial Court)

Jeddi v Sotheby’s & Ors [2018] EWHC 1491 (Comm) (15 June 2018)

High Court (Patents Court)

Liqwd Inc & Anor v L’Oréal (UK) Ltd & Anor [2018] EWHC 1394 (Pat) (11 June 2018 )

High Court (Queen’s Bench Division)

Warsama & Anor v The Foreign and Commonwealth Office & Ors (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse ) [2018] EWHC 1461 (QB) (15 June 2018)

High Court (Technology and Construction Court)

Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors [2018] EWHC 1494 (TCC) (15 June 2018)

Source: www.bailii.org

Former mayor jailed for sex with girl aged 13 asked police: ‘Do you know who I am?’ – Daily Telegraph

‘A former town mayor has been jailed for nine years after a court heard he had sex with a 13-year-old girl and let her share a bed with him and his wife.’

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Daily Telegraph, 18th June 2018

Source: www.telegraph.co.uk

HMP Woodhill has ‘staggering’ rate of self-inflicted deaths – BBC News

Posted June 19th, 2018 in news, prisons, reports, self-harm, suicide by sally

‘A prison where 20 men have taken their lives since 2011 has a “staggering” death rate and is still failing vulnerable inmates, a report has said.’

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BBC News, 19th June 2018

Source: www.bbc.co.uk

Carl Sargeant family say they are being excluded from inquiry – The Guardian

‘The family of Carl Sargeant have claimed they are being excluded from an inquiry into the circumstances surrounding his sacking as a Welsh minister four days before he took his own life.’

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The Guardian, 18th June 2018

Source: www.theguardian.com

Upskirting: government confirms plan to introduce ban – The Guardian

Posted June 19th, 2018 in crime, legislation, news, photography, sexual offences, voyeurism by sally

‘The government has confirmed it will introduce legislation to ban upskirting after a Conservative backbencher was berated by party colleagues for blocking a bill to make the practice a specific criminal offence.’

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The Guardian, 18th June 2018

Source: www.theguardian.com

If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

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Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

Home Office to pay damages for detention of immigrant claimant – UK Human Rights Blog

Posted June 18th, 2018 in detention, false imprisonment, government departments, immigration, news by sally

‘The Court of Appeal has upheld an award of damages for false imprisonment in the context of immigration detention. The Court found that an unlawful curfew which required residence at a specific address between specific hours each day and which was backed by the threat of criminal sanctions and electronic tagging gave rise to the tort of false imprisonment.’

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UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk