Supreme Court rejects appeal by Zambrano carer over provision – Local Government Lawyer

Posted November 17th, 2017 in benefits, carers, children, EC law, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.’

Full Story

Local Government Lawyer, 17th November 2017

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 17th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Onur Air Tasimacilik AS v Goldtrail Travel Ltd [2017] EWCA Civ 1830 (16 November 2017)

The Friends of Finsbury Park, R (on the application of) v Haringey London Borough Council & Ors [2017] EWCA Civ 1831 (16 November 2017)

Court of Appeal (Criminal Division)

Harris, R v (Rev 3) [2017] EWCA Crim 1849 (16 November 2017)

High Court (Administrative Court)

Hallam Land Management Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 2865 (Admin) (16 November 2017)

Waterstone Estates Ltd v Welsh Ministers [2017] EWHC 2922 (Admin) (16 November 2017)

Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin) (16 November 2017)

High Court (Chancery Division)

The Competition and Markets Authority v Concordia International RX (UK) Ltd [2017] EWHC 2911 (Ch) (16 November 2017)

Koza Ltd & Anor v Akçil & Ors [2017] EWHC 2889 (Ch) (16 November 2017)

The Secretary of State for Business, Innovation and Skills v Akbar & Ors [2017] EWHC 2856 (Ch) (16 November 2017)

High Court (Commercial Court)

Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893 (Comm) (16 November 2017)

High Court (Patents Court)

Actavis Group PTC EHF v ICOS Corporation [2017] EWHC 2880 (Pat) (10 November 2017)

Accord Healthcare Ltd v Research Corporation Technologies, Inc (Rev 1) [2017] EWHC 2711 (Pat) (07 November 2017)

Source: www.bailii.org

Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

Full speech

Supreme Court, 16th November 2017

Source: www.supremecourt.uk

No-fault divorce: the future of divorce law? – Family Law

Posted November 17th, 2017 in divorce, news, reports by tracey

‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’

Full Story

Family Law, 16th November 2017

Source: www.familylaw.co.uk

Defendant nationality declarations ‘offensive’ – Law Society’s Gazette

Posted November 17th, 2017 in bias, citizenship, immigration, magistrates, news by tracey

‘Making defendants in criminal proceedings declare their nationality is “offensive and objectionable”, the former president of the London Criminal Courts Solicitors’ Association (LCCSA) has said.’

Full Story

Law Society's Gazette, 16th November 2017

Source: www.lawgazette.co.uk

Bach to the future – Counsel

Posted November 17th, 2017 in budgets, legal aid, news, reports by tracey

‘Time for legal aid to break free from party political discourse? Yes, argues Lucie Wibberley, in light of the recommendations of the Bach Commission for a new Right to Justice Act.’

Full Story

Counsel, November 2017

Source: www.counselmagazine.co.uk

Age of consent for athlete-coach relationships to rise to 18, says sports minister Tracey Crouch – The Independent

Posted November 17th, 2017 in age of consent, news, sport by tracey

‘Sexual relationships between sports coaches and 16- and 17-year-olds in their care will be made illegal, the sports minister Tracey Crouch has revealed.’

Full Story

The Independent, 16th November 2017

Source: www.independent.co.uk

MPs denounce food regulator after 2 Sisters chicken scandal – The Guardian

Posted November 17th, 2017 in food hygiene, news, reports, select committees by tracey

‘Scathing report by MPs attacks oversight and inspection regimes at Food Standards Agency and local authorities.’

Full Story

The Guardian, 17th November 2017

Source: www.theguardian.com

British firm battling to stop ‘billion dollar brain’ being deported to China after computer code theft – The Independent

Posted November 17th, 2017 in computer crime, extradition, news by tracey

‘Investment fund bosses are trying to stop the deportation of an analyst convicted of stealing millions of pounds worth of computer codes.’

Full Story

The Independent, 16th November 2017

Source: www.independent.co.uk

Rotherham child sex abuse case: Three men jailed – BBC News

Posted November 17th, 2017 in child abuse, news, sentencing, sexual grooming, sexual offences by tracey

‘Three men have been jailed following the first trial to come out of the National Crime Agency’s inquiry into historical sex abuse in Rotherham.’

Full Story

BBC News, 16th November 2017

Source: www.bbc.co.uk

Lancashire shoe firm’s ‘sexist’ topless women ad banned – BBC News

Posted November 17th, 2017 in advertising, complaints, news, women by tracey

‘A “sexist” online shoe advert featuring topless women has been banned by the advertising watchdog.’

Full Story

BBC News, 16th November 2017

Source: www.bbc.co.uk

Pet ban for owner who tried to heal cat’s wounds with honey – Daily Telegraph

Posted November 17th, 2017 in animal cruelty, fines, news by tracey

‘A cat owner has been banned from keeping pets for a year after she attempting to heal its wounds with honey. Denise Smith, 58, had applied manuka honey to her cat Blacky’s leg believing it had healing properties which would help him.’

Full Story

Daily Telegraph, 17th November 2017

Source: www.telegraph.co.uk

British soldier shot comrade dead ‘after mistaking him for target’ during training exercise, inquiry finds – The Independent

Posted November 17th, 2017 in accidents, armed forces, inquiries, news by tracey

‘A young soldier was shot dead by a comrade who mistook him for a target during a flawed training exercise, an inquiry has found.’

Full Story

The Independent, 16th November 2017

Source: www.independent.co.uk

Rolf Harris indecent assault conviction overturned – BBC News

Posted November 16th, 2017 in appeals, news, sexual offences by tracey

‘Former entertainer Rolf Harris has had one of 12 indecent assault convictions overturned by the Court of Appeal.’

Full Story

BBC News, 16th November 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2017 in legislation by Verity

The Childcare Payments Act 2014 (Commencement No. 5) Regulations 2017

The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2017

The Childcare Payments (Eligibility) (Amendment) Regulations 2017

The Patents and Patents (Fees) (Amendment) Rules 2017

The Childcare Payments (Amendment) Regulations 2017

Source: www.legislation.gov.uk

A cautionary tale on the importance of client service – Practical Law: Construction Blog

Posted November 16th, 2017 in budgets, construction industry, news by tracey

‘The recent decision in Riva Properties Ltd v Foster + Partners Ltd, considers the duties that an architect owes to its client, specifically in the context of working in accordance with the client’s budget. Helena White and Matt Malloy have recently written about issues of contributory negligence and evidence arising out of the case. One of the most interesting aspects of the decision for me is that, over the course of a searing 313 paragraph judgment, Fraser J delivers a forceful reminder that client service is at the heart of the construction industry. Although the case specifically concerns the provision of architectural design services, it is a cautionary tale of the consequences of failing to put clients’ objectives first, which is just as relevant to lawyers, professional advisers of any specialism and indeed to all parties involved in the delivery of construction projects.’

Full Story

Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice

Posted November 16th, 2017 in employment tribunals, fees, press releases, repayment by tracey

‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”

Full press release

Ministry of Justice, 15th November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures

Posted November 16th, 2017 in case management, law firms, news, personal injuries, solicitors, victims by tracey

‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’

Full Story

Litigation Futures, 16th November 2017

Source: www.litigationfutures.com

Progress report on police response to domestic abuse causes concern – Family Law

Posted November 16th, 2017 in domestic violence, news, police, reports, victims by tracey

‘Organisations working to support victims of domestic abuse have expressed concerns over a progress report on police response to such abuse, saying it demonstrates that forces are struggling to cope with the rising levels of abuse recorded and that little appears to have changed for victims. Refuge and Women’s Aid said the report underlined the urgent need for the law reform proposed within the Domestic Violence and Abuse Bill, announced in the Queen’s Speech in June.’

Full Story

Family Law, 15th November 2017

Source: www.familylaw.co.uk

BAILII: Recent decisions

Posted November 16th, 2017 in law reports by tracey

Supreme Court

Gordon & Ors (Trustees of the Inter Vivos Trust) v Campbell Riddell Breeze Paterson LLP (Scotland) [2017] UKSC 75 (15 November 2017)

HC, R (on the application of) v Secretary of State for Work and Pensions [2017] UKSC 73 (15 November 2017)

De Silva & Anor, R (on the application of)v Revenue and Customs [2017] UKSC 74 (15 November 2017)

Scotch Whisky Association & Ors v The Lord Advocate & Anor (Scotland) [2017] UKSC 76 (15 November 2017)

Court of Appeal (Criminal Division)

Fletcher, R v [2017] EWCA Crim 1778 (15 November 2017)

High Court (Administrative Court)

Monarch Airlines Ltd -v- Airport Coordination Ltd Anor [2017] EWHC 2896 (Admin) (15 November 2017)

Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) (15 November 2017)

McDermott v The Health and Care Professions Council [2017] EWHC 2899 (Admin) (15 November 2017)

High Court (Family Division)

His Royal Highness the Duke of Windsor (Deceased), Re [2017] EWHC 2887 (Fam) (15 November 2017)

X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (15 November 2017)

Source: www.bailii.org