Restraint order for man who accused solicitors of fraud – Legal Futures

Posted November 19th, 2018 in news by sally

‘The High Court has slapped an extended civil restraint order (ECRO) on a man who claimed the application was an attempt “to legitimise” a law firm’s attempt to defraud him.’

Full Story

Legal Futures, 19th November 2018

Source: www.legalfutures.co.uk

Tests see 90% of pubs fail to stop children accessing 18+ gaming machines – Local Government Lawyer

Posted November 19th, 2018 in news by sally

‘Tests on a sample of pubs in England indicate that almost 90% failed to prevent children accessing 18+ gaming machines, the Gambling Commission has revealed.’

Full Story

Local Government Lawyer, 16th November 2018

Source: www.localgovernmentlawyer.co.uk

Judges handling difficult cases “given psychological support” – Litigation Futures

Posted November 19th, 2018 in news by sally

‘Judges dealing with difficult caseloads are receiving annual one-to-one meetings with psychologists, the Lord Chief Justice has revealed.’

Full Story

Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

International law regarding use of force – OUP Blog

Posted November 19th, 2018 in news by sally

‘Through the power of precedent, international incidents involving the use of force help to clarify the meaning and interpretation of jus ad bellum, the corpus of rules arising from international custom and the United Nations Charter that govern the use of force. UN Charter Article 2(4) forbids states from using force in their international relations. Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors. In certain cases, state practice gives rise to new interpretations of existing rules or novel exceptions emerge. Through the study of precedents scholars often consider whether or not there has been a shift in the legal landscape. To give but a few illustrations, commentators have questioned if States take measures of self-defence under Article 51 to protect nationals abroad (a justification that has been invoked at various moments, for instance by Russia in the context of the crisis in Georgia in 2008), if a right to humanitarian intervention has emerged (a discussion triggered by the Kosovo crisis in 1999), or if self-defence under Article 51 can be invoked against non-state actors (a topical debate in the post 9/11 era). Consequently, depending on the precedent’s facts and the arguments invoked by the main protagonists different legal issues can be triggered.’

Full Story

OUP Blog, 19th November 2018

Source: blog.oup.com

NHS bosses failed to act over scandal-hit hospital where there were nearly 300 unexpected deaths, report finds – Daily Telegraph

Posted November 19th, 2018 in news by sally

‘NHS bosses failed to act over a scandal-hit hospital where there were nearly 300 unexpected deaths, a report has found.’

Full Story

Daily Telegraph, 18th November 2018

Source: www.telegraph.co.uk

Rotherham child sexual abuse: Six men jailed – BBC News

Posted November 19th, 2018 in news by sally

‘Six men have been jailed for sexually exploiting young girls in Rotherham who were gang-raped and abused by them.’

Full Story

BBC News, 16th November 2018

Source: www.bbc.co.uk

Ellie-May Minshull-Coyle death: ‘Cage bed’ couple jailed – BBC News

Posted November 19th, 2018 in news by sally

‘A woman and her ex-partner who strapped a toddler face down in a “monstrous cage bed” have each been sentenced to 10 years.’

Full Story

BBC News, 16th November 2018

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v Lucas, R (On the Application Of) [2018] EWCA Civ 2541 (16 November 2018)

Egeneonu v Egeneonu [2018] EWCA Civ 2565 (15 November 2018)

High Court (Administrative Court)

The Government of India v Chawla [2018] EWHC 3096 (Admin) (16 November 2018)

Shumba & Ors v Public Prosecutor In Nanterre County Court, France & Ors [2018] EWHC 3130 (Admin) (16 November 2018)

Sefton Metropolitan Borough Council, R (On the Application Of) v Highways England [2018] EWHC 3059 (Admin) (16 November 2018)

R v Warwick District Council [2018] EWHC 3123 (Admin) (16 November 2018)

Kotsev v The Sofia District Public Prosecutor’s Office (A Bulgarian Judicial Authority) [2018] EWHC 3087 (Admin) (16 November 2018)

Highbury Poultry Farm Produce Ltd v Crown Prosecution Service [2018] EWHC 3122 (Admin) (16 November 2018)

EU Lotto Ltd & Ors v Secretary of State for Digital, Culture, Media and Sport [2018] EWHC 3111 (Admin) (15 November 2018)

Finney v Welsh Ministers [2018] EWHC 3073 (Admin) (15 November 2018)

High Court (Chancery Division)

Network Homes Ltd v Harlow [2018] EWHC 3120 (Ch) (16 November 2018)

High Court (Queen’s Bench Division)

Philcox v Wilson & Anor [2018] EWHC 3138 (QB) (16 November 2018)

Bot & Anor v Barnick & Ors [2018] EWHC 3132 (QB) (16 November 2018)

High Court (Technology and Construction Court)

Synergy Gas Services Ltd v Northern Gas Heating Ltd [2018] EWHC 3060 (TCC) (15 November 2018)

Source: www.bailii.org

Noel Edmonds likely to file £60m Lloyds lawsuit on Wednesday – The Guardian

Posted November 19th, 2018 in news by sally

‘The TV and radio star Noel Edmonds, who is expected to join ITV’s I’m a Celebrity … Get Me Out Of Here jungle camp this week, is also likely to fire the starting gun on a £60m lawsuit against Lloyds Bank.’

Full Story

The Guardian, 19th November 2018

Source: www.theguardian.com

Prosecutor wants more convictions for crimes against elderly – BBC News

Posted November 19th, 2018 in news by sally

‘The head of the Crown Prosecution Service in Wales says he wants to see more prosecutions of people who commit crimes against older people.’

Full Story

BBC News, 19th November 2018

Source: www.bbc.co.uk

Fake psychiatrist case puts thousands of doctors under scrutiny – The Guardian

Posted November 19th, 2018 in news by sally

‘The records of up to 3,000 doctors are being reviewed after it emerged that a woman worked as a NHS consultant psychiatrist for 22 years with fake qualifications before she was convicted of trying to defraud a patient.’

Full Story

The Guardian, 19th November 2018

Source: www.theguardian.com

Supreme Court: grant of recreational rights over land can be easement – OUT-LAW.com

Posted November 16th, 2018 in easements, holidays, news, sport by tracey

‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 15th November 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2018 in legislation by tracey

The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018

The Van Benefit and Car and Van Fuel Benefit Order 2018

The Family Procedure (Amendment No. 2) Rules 2018

The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018

The School and Early Years Finance (England) (No. 2) Regulations 2018

The Armed Forces (Specified Aviation and Marine Functions) Regulations 2018

The Electricity and Gas (Energy Company Obligation) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 16th, 2018 in law reports by tracey

Supreme Court

Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) & Anor (rev 1) [2018] UKSC 56 (14 November 2018)

Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 (14 November 2018)

Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57 (14 November 2018)

Court of Appeal (Civil Division)

Jayaraman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 2545 (15 November 2018)

Fowler v HM Revenue and Customs [2018] EWCA Civ 2544 (15 November 2018)

Ahmed v Crown Prosecution Service [2018] EWCA Civ 2543 (15 November 2018)

Winter v Hockley Mint Ltd [2018] EWCA Civ 2480 (15 November 2018)

Faraday Development Ltd v West Berkshire Council & Anor [2018] EWCA Civ 2532 (14 November 2018)

British Telecommunications Plc v The Office of Communications [2018] EWCA Civ 2542 (14 November 2018)

High Court (Administrative Court)

Davies, R (On the Application Of) v The Criminal Cases Review Commission [2018] EWHC 3080 (Admin) (14 November 2018)

High Court (Chancery Division)

Hameed v Packe & Anor [2018] EWHC 3061 (Ch) (15 November 2018)

Brent London Borough Council v Davies & Ors [2018] EWHC 3129 (Ch) (15 November 2018)

Amin v London Borough of Redbridge & Anor [2018] EWHC 3100 (Ch) (15 November 2018)

Noble Group Ltd, Re [2018] EWHC 3092 (Ch) (14 November 2018)

High Court (Queen’s Bench Division)

Wallett & Ors v Vickers [2018] EWHC 3088 (QB) (14 November 2018)

Source: www.bailii.org

Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn – Supreme Court

Posted November 16th, 2018 in equity, estoppel, fiduciary duty, forfeiture, lectures, rectification, solicitors by tracey

‘Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn.’

Full speech

Supreme Court, 8th November 2018

Source: www.supremecourt.uk

Party awarded 2% of value of claim “was not winner” – Litigation Futures

Posted November 16th, 2018 in costs, damages, news, restitution by tracey

‘A claimant that recovered just 2% of the sum it originally claimed at trial was not the successful party, the High Court has ruled.’

Full Story

Litigation Futures, 16th November 2018

Source: www.litigationfutures.com

Law firm pays £20,000 compensation for unfair dismissal – Legal Futures

Posted November 16th, 2018 in compensation, constructive dismissal, law firms, news, unfair dismissal by tracey

‘A law firm accounts clerk who faced false allegations of sexually harassing a fellow employee has accepted damages of £20,000 after winning his claim of unfair constructive dismissal.’

Full Story

Legal Futures, 16th November 2018

Source: www.legalfutures.co.uk

Courts to pilot more flexible hours for the benefit of the public – Ministry of Justice

Posted November 16th, 2018 in courts, flexible working, pilot schemes, press releases by tracey

‘Early and late sittings will be piloted in civil and family courts, giving people greater access to hearings that can fit around their busy lives.’

Full press release

Ministry of Justice, 16th November 2018

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

Ian Naude: Cheshire PC convicted of raping 13-year-old girl – BBC News

Posted November 16th, 2018 in child abuse, news, police, rape by tracey

‘A policeman described as a “committed paedophile” has been convicted of raping a 13-year-old girl.’

Full Story

BBC News, 15th November 2018

Source: www.bbc.co.uk

Charles Bronson cleared of prison governor attack – The Independent

Posted November 16th, 2018 in attempts, grievous bodily harm, news, prison officers, prisons by tracey

‘Notorious inmate Charles Bronson has been cleared of trying to cause grievous bodily harm a senior prison officer.’

Full Story

The Independent, 15th November 2018

Source: www.independent.co.uk