Transparency failures put three firms in the dock – Legal Futures

Posted January 15th, 2021 in news by tracey

‘Law firms in London, Manchester and Bath have become the first sanctioned for failing to publish price and service information, with compliance made a condition of their authorisation.’

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Legal Futures, 15th January 2021

Source: www.legalfutures.co.uk

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in news by tracey

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

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Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2021 in legislation by tracey

The Tax Credits Reviews and Appeals (Amendment) Order 2021

The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021

The Chief Regulator of Qualifications and Examinations Order 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 3) Regulations 2021

The Countryside Stewardship (England) (Amendment) Regulations 2021

The Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021

The General Pharmaceutical Council (Coronavirus) (Amendment) Rules Order of Council 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 15th, 2021 in law reports by tracey

Supreme Court

The Financial Conduct Authority & Ors v Arch Insurance (UK) Ltd & Ors [2021] UKSC 1 (15 January 2021)

Court of Appeal (Civil Division)

Rowe & Ors v Ingenious Media Holdings PLC & Ors [2021] EWCA Civ 29 (15 January 2021)

Wright v Granath [2021] EWCA Civ 28 (15 January 2021)

Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (15 January 2021)

Large v Hart & Anor [2021] EWCA Civ 24 (15 January 2021)

Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23 (15 January 2021)

Z v University Hospitals Plymouth NHS Trust (NO 2) [2021] EWCA Civ 22 (13 January 2021)

Sutton v Norwich City Council [2021] EWCA Civ 20 (13 January 2021)

WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)

Friends of the Earth Ltd, R (On the Application Of) v Secretary of State for Transport [2021] EWCA Civ 13 (13 January 2021)

Court of Appeal (Criminal Division)

Hamilton & Ors v Post Office Ltd [2021] EWCA Crim 21 (15 January 2021)

Felstead & Ors v Post Office Ltd [2021] EWCA Crim 25 (15 January 2021)

Uddin & Anor v R. [2021] EWCA Crim 14 (13 January 2021)

High Court (Administrative Court)

Brown v Hambleton District Council [2021] EWHC 1 (Admin) (15 January 2021)

RS, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 54 (Admin) (14 January 2021)

High Court (Chancery Division)

Hinkel v Simmons & Simmons LLP [2021] EWHC 55 (Ch) (15 January 2021)

Byers & Ors v Samba Financial Group [2021] EWHC 60 (Ch) (15 January 2021)

Kent v Guest [2021] EWHC 51 (Ch) (14 January 2021)

Euro Accessories Ltd, Re [2021] EWHC 47 (Ch) (13 January 2021)

General Electric Company v AI Alpine UA Bidco Inc & Ors [2021] EWHC 45 (Ch) (13 January 2021)

High Court (Commercial Court)

Ardent Advisors Ltd v UK Web Media Ltd & Ors [2021] EWHC 63 (Comm) (15 January 2021)

Net Insurance SPA & Anor v Torzi & Ors [2021] EWHC 26 (Comm) (12 January 2021)

High Court (Family Division)

A Local Authority v JK & Anor [2021] EWHC 33 (Fam) (15 January 2021)

High Court (Patents Court)

Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) (14 January 2021)

High Court (Queen’s Bench Division)

Soriano v Forensic News LLC & Ors [2021] EWHC 56 (QB) (15 January 2021)

Source: www.bailii.org

Remote hearings in family proceedings – how is justice perceived? – Family Law

Posted January 15th, 2021 in news by tracey

‘The motion for the recent Kingsley Napley debate: “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against. With an audience made up of over a hundred family lawyers and barristers, this result was no doubt influenced by their experience of remote court hearings heard either via video link or by telephone over the last six months, since the national lockdown in March.’

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Family Law, 14th January 2021

Source: www.familylaw.co.uk

Police to implement strict bail conditions on domestic abuse and sexual violence suspects under new measures – The Independent

Posted January 15th, 2021 in news by tracey

‘Police will now be able to implement strict bail conditions on more suspects in high-harm cases where the victim has suffered domestic abuse or sexual violence.’

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The Independent, 14th January 2021

Source: www.independent.co.uk

Sexual harassment victims ‘less likely to be believed if they are seen as less feminine’ – The Independent

Posted January 15th, 2021 in news by tracey

‘Women that suffer sexual harassment who are deemed to be less stereotypically feminine are less likely to have their allegations believed, a new study has found.’

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The Independent, 14th January 2021

Source: www.independent.co.uk

Government rejects report it will lower workers’ rights post-Brexit – The Guardian

Posted January 15th, 2021 in news by tracey

‘The government has rejected a report that following Brexit, it plans to tear up employment protections based in EU law – a strategy that Labour has called “a disgrace”.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

Bedford hospital: ‘Risk of baby abduction’ at ‘inadequate’ maternity unit – BBC News

Posted January 15th, 2021 in news by tracey

‘Maternity services at a hospital have been downgraded to “inadequate” after inspectors found a “potential risk for baby abduction”. The Care Quality Commission (CQC) inspected Bedford Hospital’s maternity services in November following “14 whistle-blower inquiries”.’

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BBC News, 15 January 2021

Source: www.bbc.co.uk

Technical issue resolved after ‘150,000 police records lost – BBC News

Posted January 15th, 2021 in news by tracey

‘The government is assessing the impact of a “technical issue” that led to 150,000 records being deleted from police databases.’

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BBC News, 15th January 2021

Source: www.bbc.co.uk

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Expert was not under “fiduciary duty” to client – Litigation Futures

Posted January 14th, 2021 in conflict of interest, contracts, expert witnesses, fiduciary duty, news by tracey

‘The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client.’

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Litigation Futures, 13th January 2021

Source: www.litigationfutures.com

Tribunal rejects law firm’s second challenge to age discrimination ruling – Legal Futures

Posted January 14th, 2021 in age discrimination, employment tribunals, law firms, news, solicitors by tracey

‘An employment judge has refused a second application from a law firm to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination when he applied for a job with it.’

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Legal Futures, 14th January 2021

Source: www.legalfutures.co.uk

Man sentenced for sending malicious email after Bristol statue toppled – Crown Prosecution Service

‘A 72-year-old man from Merseyside has been sentenced for sending abusive messages to the Mayor of Bristol after protestors removed the statue of Edward Colston in the city in June last year.’

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Crown Prosecution Service, 13th January 2021

Source: www.cps.gov.uk

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

Legal bid launched to ban ex-Carillion directors from top boardroom roles – The Guardian

Posted January 14th, 2021 in company directors, disqualification, insolvency, news, public interest by tracey

‘The UK government has launched a legal bid to ban eight former Carillion directors from holding senior boardroom positions, almost three years on from the collapse of the outsourcing business.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Three victims of trafficking and modern slavery to sue Biffa – The Guardian

Posted January 14th, 2021 in forced labour, news, trafficking in human beings, victims, waste by tracey

‘Three victims of trafficking and modern slavery who were subcontracted to sort rubbish for the national waste and recycling firm Biffa Waste Services are to launch legal proceedings to sue the firm for damages.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by tracey

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by tracey

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

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The Independent, 13th January 2021

Source: www.independent.co.uk