PAP witness statements “can be grounds for contempt” – Litigation Futures

Posted November 12th, 2019 in news by sally

‘A witness statement verified by a statement of truth made by a prospective claimant before the commencement of proceedings can give rise to contempt, the Court of Appeal has ruled.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

JUSTICE Report calls for mandatory training on the law for school teachers involved in excluding students – Local Government Lawyer

Posted November 12th, 2019 in news by sally

‘A new report has called for reform of the process by which schools permanently exclude students after suggesting that school teachers have an inconsistent understanding of their Equality Act duties and that Independent Review Panels (IRPs) lack the power to remedy unlawful exclusions.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Midwives Demand NHS Gives Pregnant Prisoners Specialist Carers – Rights Info

Posted November 12th, 2019 in news by sally

‘NHS trusts must ensure that pregnant inmates in prisons across the country are cared for by specialist midwives, the Royal College of Midwives (RCM) has urged.’

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Rights Info, 12th November 2019

Source: rightsinfo.org

Lady Hale: Courts should learn from tribunals on diversity – Legal Futures

Posted November 12th, 2019 in news by sally

‘Lady Hale, president of the Supreme Court, has called on the courts to learn lessons from the tribunal service in improving the diversity of judges.’

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Legal Futures, 12th November 2019

Source: www.legalfutures.co.uk

General election 2019: Lib Dems launch legal action over ITV debate – BBC News

Posted November 12th, 2019 in news by sally

‘The Liberal Democrats are launching a legal challenge against ITV over its decision to exclude their leader from the channel’s election debate.’

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BBC News, 11th November 2019

Source: www.bbc.co.uk

“Bedroom tax” unlawful -Strasbourg Court – UK Human Rights Blog

Posted November 12th, 2019 in news by sally

‘Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its verdict on the compatibility of the scheme with the prohibition on discrimination set out in Article 14 of the European Convention on Human Rights. The Strasbourg Court has found that the policy discriminated unlawfully against women at risk of domestic violence.’

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UK Human Rights Blog, 12th November 2019

Source: ukhumanrightsblog.com

Lincolnshire driver jailed after smashing into stationary traffic – BBC News

Posted November 12th, 2019 in news by sally

‘A lorry driver has been jailed for 18 months after smashing into a queue of stationary traffic.’

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BBC News, 11th November 2019

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 12th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Euroeco Fuels (Poland) Ltd & Ors v Szczecin And Swinoujscie Seaports Authority SA & Ors [2019] EWCA Civ 1932 (11 November 2019)

High Court (Administrative Court)

Raqeeb, R (On the Application Of) v Begum & Anor [2019] EWHC 2976 (Admin) (11 November 2019)

Court (Chancery Division)

Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 3032 (Ch) (11 November 2019

Vance & Anor v Collerton & Anor [2019] EWHC 2866 (Ch) (08 November 2019)

High Court (Commercial Court)

Aviva Insurance Ltd v Oliver [2019] EWHC 2824 (Comm) (11 November 2019)

Source: www.bailii.org

£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures

Posted November 12th, 2019 in news by sally

‘Employers paying for an employee’s to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 12th November 2019

Source: www.litigationfutures.com

Tory plan to water down Human Rights Act to protect ex-soldiers would turn UK into pariah, experts warn – The Independent

Posted November 12th, 2019 in news by sally

‘Conservative plans to water down the Human Rights Act – to prevent prosecutions of soldiers accused of murders in Northern Ireland – will make the UK a pariah, the party has been warned.’

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The Independent, 11th November 2019

Source: www.independent.co.uk

Robert Keogh jailed for smuggling guns into UK at Dover – BBC News

Posted November 12th, 2019 in firearms, news, sentencing by sally

‘A man who smuggled 60 guns hidden in his car into the UK has been jailed for nine years.’

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BBC News, 11th November 2019

Source: www.bbc.co.uk

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Homelessness: High Court Challenge Against ‘Begging Fines’ Granted – Rights Info

‘Human rights campaigners have launched a landmark legal bid to determine whether homeless people are being “criminalised” by fines against begging and leaving bedding in doorways.’

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Rights Info, 8th November 2019

Source: rightsinfo.org

District judge disallows court fee as disbursement – Law Society’s Gazette

Posted November 11th, 2019 in costs, fees, law firms, news by sally

‘A county court has disallowed a court fee after finding the claimant had failed to apply for remission. District Judge Jenkinson, sitting at Liverpool County Court, ruled in Stoney v Allianz that the £455 fee was not a disbursement reasonably incurred and was not recoverable.’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures

‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’

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Legal Futures, 8th November 2019

Source: www.legalfutures.co.uk

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Call for reform of pupil exclusions ‘as schools unaware of legal duties’ – The Guardian

The law reform group Justice has called for a radical overhaul of exclusions amid concerns that too many schools do not fully understand their legal duties and that the appeal process available to parents wishing to challenge an exclusion is inadequate.

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The Guardian, 11th November 2019

Source: www.theguardian.com

Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

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UKSC Blog, 11th November 2019

Source: ukscblog.com

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

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Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Tribunal lifts practising controls from ABS accountant – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has lifted practising restrictions on a finance director who was sanctioned less than three years ago, over the objections of the Solicitors Regulation Authority (SRA).’

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Legal Futures, 11th November 2019

Source: www.legalfutures.co.uk