Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2017 in legislation by Verity

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Source: www.legislation.gov.uk

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Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

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Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

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BAILII: Recent Decisions

Posted May 26th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Commercial Court)

Watson & Ors v watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Source: www.bailii.org

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High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by tracey

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’

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Local Government Lawyer, 25th May 2017

Source: www.localgovernmentlawyer.co.uk

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“Don’t call them McKenzie friends” – Court of Appeal looks to counter growth of unqualified advisers in crime cases – Legal Futures

‘The term “McKenzie friend” is not appropriate in the criminal division of the Court of Appeal, the vice-president of the court has said in a ruling detailing the problems that the increasing number of “unqualified third parties” is causing.’

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Legal Futures, 26th May 2017

Source: www.legalfutures.co.uk

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BSB proposes change to its rules to require chambers to allow all self-employed barristers access to parental leave – Bar Standards Board

Posted May 26th, 2017 in barristers, maternity leave, news, paternity leave, self-employment by tracey

‘At its meeting last night, the Bar Standards Board (BSB) agreed to change the equality rules to enable all self-employed barristers in chambers to take parental leave, regardless of whether their spouse or partner takes parental leave.’

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Bar Standards Board, 26th May 2017

Source: www.barstandardsboard.org.uk

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Court of Appeal backs claimants over post-legal aid CFA – Law Society’s Gazette

Posted May 26th, 2017 in appeals, costs, fees, legal aid, news by tracey

‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’

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Law Society’s Gazette, 24th May 2017

Source: www.lawgazette.co.uk

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Paedophiles can be banned from using Snapchat, judge rules – Daily Telegraph

‘Paedophiles can be banned from using Snapchat because the app deletes images, a judge has ruled in a landmark case.’

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Daily Telegraph, 25th May 2017

Source: www.telegraph.co.uk

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Audi garage not to blame for bullied mechanic killing himself, coroner rules – The Guardian

Posted May 26th, 2017 in inquests, mental health, news, suicide by tracey

‘An Audi garage where an apprentice mechanic was bullied before he killed himself was not to blame for his death, a coroner has decided.’

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The Guardian, 25th May 2017

Source: www.guardian.co.uk

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‘Measures needed’ after Gatwick Express train window death – BBC News

Posted May 26th, 2017 in accidents, health & safety, news, railways by tracey

‘Train companies should do more to stop passengers leaning out of train windows following the death of a man in south London, investigators have said.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

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Man awarded £8m Sheffield hospital negligence payout – BBC News

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

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Man who started toilet fire on Sharm el-Sheikh flight has sentence more than doubled – Daily Telegraph

Posted May 26th, 2017 in aircraft, appeals, arson, news, sentencing by tracey

‘A man who started a fire in the toilet of a plane carrying more than 200 people has had his prison sentence more than doubled at the Court of Appeal.’

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Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

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Bullying mother robbed teenage son of his childhood by convincing him he was dying, judge says – Daily Telegraph

‘A “bullying” mother robbed her teenage son of his childhood by convincing him he was dying, a judge has said.’

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Daily Telegraph, 25th May 2017

Source: www.telegraph.co.uk

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New payday loan regulations come into force – BBC News

Posted May 26th, 2017 in advertising, internet, loans, news by tracey

‘New payday loan regulations come into force on Friday, requiring all online lenders to advertise on at least one price comparison website.’

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BBC News, 26th May 2017

Source: www.bbc.co.uk

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Charlie Gard’s parents lose life support court appeal – BBC News

‘Doctors can stop providing life-support treatment to ill baby Charlie Gard, Court of Appeal judges have ruled.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

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Would-be bomber who said he was ‘bedroom radicalised’ found guilty of fairy lights bomb plot – Daily Telegraph

Posted May 26th, 2017 in explosives, news, terrorism by tracey

‘A would-be terrorist who improvised detonator parts from fairy lights has been found guilty of attempting to make a pressure-cooker bomb.’

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Daily Telegraph, 25th May 2017

Source: www.telegraph.co.uk

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Number of people detained for longer than six months under Immigration Act powers increases by 10% – The Independent

Posted May 26th, 2017 in detention, immigration, news, statistics by tracey

‘The number of people detained under Immigration Act powers for longer than six months has increased by 10 per cent in the past year, statistics have revealed.’

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The Independent, 26th May 2017

Source: www.independent.co.uk

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Diary of a Wimpy Minister – Panopticon

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

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Panopticon, 25th May 2017

Source: www.panopticonblog.com

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Landlords found guilty after housing 31 people in four-bed home – Local Government Lawyer

Posted May 25th, 2017 in costs, housing, landlord & tenant, licensing, news by tracey

‘Three family members who received £112,000 a year by housing 31 people into a four-bedroom home in Wembley, have been found guilty of breaching landlord licensing rules.’

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Local Government Lawyer, 24th May 2017

Source: www.localgovernmentlawyer.co.uk

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Appeal court judge outlines hesitation at penalising parties who shun mediation – Litigation Futures

Posted May 25th, 2017 in appeals, arbitration, costs, judges, news by tracey

‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’

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Litigation Futures, 25th May 2017

Source: www.litigationfutures.com

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