Transactions in land tax rules: unexpected implications – OUT-LAW.com

Posted October 18th, 2017 in news by sally

‘New ‘transactions in land’ UK tax rules took effect from 5 July 2016. The rules were aimed at larger property developers with the means to implement cross-border structures to avoid UK income or corporation tax.’

Full Story

OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Can Social Media Damage Your Right to a Fair Trial? – RightsInfo

Posted October 18th, 2017 in news by sally

‘An impartial jury is an essential part of our right to a fair trial, and the people may only consider evidence which has been lawfully presented in the courtroom.’

Full Story

RightsInfo, 18th October 2017

Source: rightsinfo.org

Ten years after the death of Fiona Pilkington, have the police got better at tackling hate crime? – The Independent

Posted October 18th, 2017 in news by sally

‘Everyone remembers Fiona as the woman who burnt herself to death. They remember reading about her in the papers or seeing her face on the news: a photo of a brown-haired, middle-aged woman with downcast eyes. No one knew her personally. Fiona spent much of her life isolated and alone. Ten years on, residents in the Leicestershire village where she lived and worked still seem disconnected to her death. Locals living just a few metres from the lay-by where Fiona eventually set her own car ablaze struggle to recall the details. “We saw nothing,” one elderly resident says. “There was no fuss here. We had no one asking any questions.”’

Full Story

The Independent, 18th October 2017

Source: www.independent.co.uk

Two-child limit on benefit claims to be challenged in court – The Guardian

Posted October 18th, 2017 in news by sally

‘The government is facing a high court challenge to its two-child limit on benefit claims, the basis for the hugely controversial “rape clause” policy, it has emerged.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Catford park murder: Longer sentence for lost shoe boy killer – BBC News

Posted October 18th, 2017 in news by sally

‘A killer who beat a five-year-old boy to death for losing a trainer in a park has had his prison sentence extended to a minimum of 21 years.’

Full Story

BBC News, 17th October 2017

Source: www.bbc.co.uk

Couple who had sex at Domino’s Pizza banned from spending the night together – Daily Telegrap

Posted October 18th, 2017 in news by sally

‘A couple who had sex at a pizza takeaway as staff worked on the other side of the counter will not be allowed to spend the night together for nearly six months.’

Full Story

Daily Telegraph, 17th October 2017

Source: www.telegraph.co.uk

Brook House: Inquiry call into immigration centre allegations – BBC News

Posted October 18th, 2017 in news by sally

‘A “prompt” and independent inquiry should be held into alleged abuse at an immigration removal centre in the UK, a human rights body has said.’

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BBC News, 18th October 2017

Source: www.bbc.co.uk

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by tracey

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

Full Story

OUT-LAW.com, 16th October 2017

Source: www.out-law.com

UK courts did not breach man’s right to reputation when dismissing his defamation claims, rules human rights court – OUT-LAW.com

Posted October 17th, 2017 in defamation, human rights, internet, news, publishing by tracey

‘Courts in the UK did not breach their obligation to protect a budding politician’s right to respect for his reputation when it dismissed his claim for allegedly defamatory comments published about him online, the European Court of Human Rights (ECtHR) has said.’

Full Story

OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

Full Story

Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

Full Story

Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

BAILII: Recent Decisions

Posted October 17th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GmbH [2017] EWCA Civ 1567 (16 October 2017)

Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 1) [2017] EWCA Civ 1426 (13 October 2017)

Lungowe & Ors v Vedanta Resources Plc & Anor [2017] EWCA Civ 1528 (13 October 2017)

Barclays Wealth Trustees (Jersey) Ltd & Anor v Revenue And Customs [2017] EWCA Civ 1512 (13 October 2017)

Bukovsky v Crown Prosecution Service [2017] EWCA 1529 Civ (13 October 2017)

High Court (Administrative Court)

Tapster v Nursing And Midwifery Council [2017] EWHC 2544 (Admin) (13 October 2017)

General Medical Council v Stone [2017] EWHC 2534 (Admin) (13 October 2017)

High Court (Commercial Court)

Zayo Group International Ltd v Ainger & Ors [2017] EWHC 2542 (Comm) (13 October 2017)

The Kyrgyz Republic v Stans Energy Corporation & Anor [2017] EWHC 2539 (Comm) (13 October 2017)

High Court (Queen’s Bench Division)

Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB) (13 October 2017)

Source: www.bailii.org

Life sentences for killer drivers – Ministry of Justice

Posted October 17th, 2017 in alcohol abuse, dangerous driving, drug abuse, homicide, press releases, sentencing by tracey

‘Ministers confirm plans to introduce tougher sentences for those who drive irresponsibly and devastate lives.’

Full press release

Ministry of Justice, 15th October 2017

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

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by tracey

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

Full Story

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Junior barristers “bearing the brunt” of pressure in criminal courts – Legal Futures

Posted October 17th, 2017 in barristers, case management, courts, criminal justice, diversity, news by tracey

‘ “Concerned words” about diversity and social mobility need to be turned into action through changes to the way the criminal courts operate if junior barristers are to be retained, the Criminal Bar Association has warned.’

Full Story

Legal Futures, 17th October 2017

Source: www.legalfutures.co.uk

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by tracey

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

Full Story

Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by tracey

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Hip implant patients sue manufacturer – BBC News

Posted October 17th, 2017 in consumer protection, health, news, prosecutions by tracey

‘Hundreds of people who received allegedly faulty hip replacements are suing the manufacturer at the High Court. The hearing is thought to be one of the largest product liability group actions ever heard in the UK.’

Full Story

BBC News, 16th October 2017

Source: www.bbc.co.uk

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by tracey

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

Full Story

The Guardian, 16th October 2017

Source: www.theguardian.com