Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

Posted October 16th, 2018 in news by sally

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

London police force must act over excessive force claim, says court – The Guardian

Posted October 16th, 2018 in disciplinary procedures, news, public order, statutory duty by sally

‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Darnley v Croydon Health Services NHS Trust – Law Pod UK

‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’

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Law Pod UK, 15th October 2018

Source: audioboom.com

Sex abuse leaflets ‘won’t protect a soul’ – BBC News

Posted October 16th, 2018 in budgets, child abuse, criminal records, news, police, sexual offences by sally

‘Police are giving leaflets to people at risk of committing child sexual exploitation crimes, asking for their behaviour to stop, the BBC has found.’

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BBC News, 15th October 2018

Source: www.bbc.co.uk

Court quadruples sexual assault solicitor’s suspension – Legal Futures

Posted October 16th, 2018 in assault, disciplinary procedures, news, sexual offences, solicitors by sally

‘The suspension handed out by a disciplinary tribunal to a solicitor found guilty of sexual assault in a high-profile case was too lenient, the High Court has ruled in quadrupling its length.’

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Legal Futures, 16th October 2018

Source: www.legalfutures.co.uk

Environmental Law and the core of legal learning: framing the future of environmental lawyers – OUP Blog

Posted October 16th, 2018 in environmental protection, legal education, news, solicitors, universities by sally

‘Environmental law has not been taught or seen as a ‘core’ legal subject, giving environmental law academics freedom to teach the subject in many different ways. This structural sidelining, however, belies important questions about how teaching environmental law relates to the core of legal learning. We are not suggesting that there is a core of environmental law knowledge that every student should learn (although there is lots to learn), but that it is important to reflect on whether there are core legal concepts, reasoning processes and skills that all environmental lawyers should have. This issue is now particularly pertinent as the Solicitors Regulation Authority in England and Wales is ‘releasing’ the LLB from its conventional structure of core legal subjects, so that existing assumptions about how environmental law relates to the core of (undergraduate) legal learning are up for grabs.’

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OUP Blog, 15th October 2018

Source: blog.oup.com

Man took £2,000 from mother-in-law after lying about cancer for years – The Guardian

Posted October 16th, 2018 in fraud, married persons, news, sentencing, suspended sentences by sally

‘A man who conned his wife and her family into believing he had terminal cancer took £2,000 from his mother-in-law before his lie was exposed.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Paddy Power Betfair fined after stolen cash is gambled through its website – BBC News

Posted October 16th, 2018 in fines, gambling, money laundering, news by sally

‘Paddy Power Betfair has been fined £2.2m for failing to stop stolen money being gambled through its website and for failing to protect customers showing signs of problem gambling.’

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BBC News, 16th October 2018

Source: www.bbc.co.uk

Review of UK hate crime law to consider misogyny and ageism – The Guardian

Posted October 16th, 2018 in equality, hate crime, Law Commission, news by sally

‘Goths, men, women and elderly people could receive protection under hate crime laws after officials announced a wide-ranging review of current legislation.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog

Posted October 15th, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by tracey

‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in ​Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’

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Practical Law: Construction Blog, 12th October 2018

Source: constructionblog.practicallaw.com

Conscience and cake: the final chapter – UK Human Rights Blog

‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’

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UK Human Rights Blog, 15th October 2018

Source: ukhumanrightsblog.com

Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog

‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’

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UK Human Rights Blog, 11th October 2018

Source: ukhumanrightsblog.com

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases – Zenith PI

Posted October 15th, 2018 in accidents, costs, damages, fees, news, solicitors by tracey

‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’

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Zenith PI, 9th October 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 15th, 2018 in legislation by tracey

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 15th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

AS (Guinea) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2234 (12 October 2018)

Cheerupmate2 Ltd v Calce [2018] EWCA Civ 2230 (12 October 2018)

Sky Blue Sports & Leisure Ltd & Ors, R (on the application of) v Coventry City Council & Ors [2018] EWCA Civ 2252 (12 October 2018)

Witley Parish Council v Cavanagh [2018] EWCA Civ 2232 (11 October 2018)

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214 (11 October 2018)

Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 (11 October 2018)

High Court (Administrative Court)

B & Anor v Secretary of State for the Home Department [2018] EWHC 2651 (Admin) (12 October 2018)

BVC v EWF [2018] EWHC 2674 (Admin) (12 October 2018)

High Court (Chancery Division)

ESO Capital Luxembourg Holdings II SARL v GSA Invest Management SA & Anor [2018] EWHC 2656 (Ch) (12 October 2018)

Cantt Pak Ltd v Pak Southern China Property Investment Ltd [2018] EWHC 2564 (Ch) (12 October 2018)

M&P Enterprises (London) Ltd v Norfolk Square (Northern Section) Ltd [2018] EWHC 2665 (Ch) (12 October 2018)

Hague Plant Ltd v Hague & Ors [2018] EWHC 2517 (Ch) (11 October 2018)

High Court (Commercial Court)

Mamancochet Mining Ltd v Aegis Managing Agency Ltd & Ors [2018] EWHC 2643 (Comm) (12 October 2018)

High Court (Family Division)

PM v CF [2018] EWHC 2658 (Fam) (03 October 2018)

High Court (Patents Court)

Parainen Pearl Shipping Ltd & Ors v Kristian Gerhard Jebsen Skipsrederi AS & Ors [2018] EWHC 2628 (Pat) (11 October 2018)

High Court (Technology and Construction Court)

Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC) (11 October 2018)

Source: www.bailii.org

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

Full speech

Supreme Court, 10th October 2018

Source: www.supremecourt.uk

Judge who disparaged one party’s counsel “did not give appearance of bias” – Litigation Futures

‘A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled.’

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Litigation Futures, 15th October 2018

Source: www.litigationfutures.com

Speech by Lord Justice Gross: How can judges strengthen the rule of law? – Courts and Tribunals Judiciary

Posted October 15th, 2018 in education, human rights, judges, judiciary, rule of law, speeches by tracey

‘Speech by Lord Justice Gross: How can judges strengthen the rule of law?’

Full speech

Courts and Tribunals Judiciary, 15th October 2018

Source: www.judiciary.uk

Barristers to face new standard of proof in disciplinary cases – Law Society’s Gazette

‘The Legal Services Board (LSB) has granted permission for the bar regulator to change the standard of proof applied in disciplinary proceedings, a move which could make it easier for barristers to be sanctioned.’

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Law Society's Gazette, 12th October 2018

Source: www.lawgazette.co.uk

The Financial Remedies Court: Latest Developments – Family Law Week

Posted October 15th, 2018 in courts, families, financial dispute resolution, news, pilot schemes by tracey

‘Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.’

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Family Law Week, 14th October 2018

Source: www.familylawweek.co.uk