Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in news by tracey

‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’

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OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com

The Construction Act and modular construction projects – Practical Law Construction Blog

Posted December 12th, 2019 in news by tracey

‘Since my colleague Eveline Strecker last blogged about modular construction, it has continued to develop in popularity. The more we see of modular, the more it becomes clear that it is a very different beast to “traditional” construction projects, demanding an evolution in procurement routes and contract content.’

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Practical Law Construction Blog, 11th December 2019

Source: constructionblog.practicallaw.com

Faculty Jurisdiction – further amendments, April 2020 – Law & Religion UK

Posted December 12th, 2019 in news by tracey

‘On 1 April 2020, The Faculty Jurisdiction (Amendment) Rules 2019 come into force; these make a number of important changes to the earlier Rules, including: the substitution of a new Part 4 dealing with consultation and advice; revision and expansion of Lists A and B; extension of the Archdeacon’s jurisdiction for temporary minor re-ordering; and various other amendments to improve the operation of the Rules.’

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Law & Religion UK, 12th December 2019

Source: www.lawandreligionuk.com

BAILII: Recent Decisions

Posted December 12th, 2019 in Uncategorized by tracey

Supreme Court

Lancashire CC, R (on the application of) v SSEFRA & Anor [2019] UKSC 58 (11 December 2019)

Court of Appeal (Civil Division)

Lakatamia Shipping Company Ltd v Morimoto [2019] EWCA Civ 2203 (11 December 2019)

Tiplady v City of Bradford Metropolitan District Council [2019] EWCA Civ 2180 (11 December 2019)

Court of Appeal (Criminal Division)

McCarthy v R. [2019] EWCA Crim 2202 (11 December 2019)

High Court (Administrative Court)

AB, R (On the Application Of) v The London Borough of Ealing [2019] EWHC 3351 (Admin) (11 December 2019)

Arowojolu v General Medical Council [2019] EWHC 3155 (Admin) (11 December 2019)

High Court (Chancery Division)

Boyle v Burke & Anor [2019] EWHC 3364 (Ch) (10 December 2019)

High Court (Commercial Court)

Manek & Ors v IIFL Wealth (UK) Ltd & Ors [2019] EWHC 3361 (Comm) (11 December 2019)

High Court (Queen’s Bench Division)

Kirkegaard v Smith [2019] EWHC 3393 (QB) (11 December 2019)

Source: www.bailii.org

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in news by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Circuit judge wins online harassment injunction – Legal Futures

Posted December 12th, 2019 in news by tracey

‘A circuit judge has won an injunction against a disgruntled litigant in person who created a website to attack him and his family, and had thrown out as vexatious an attempt to counter-claim.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Call for “real inclusion” rather than tick boxes at the Bar – Legal Futures

Posted December 12th, 2019 in news by tracey

‘The Bar should focus on “real inclusion” and “actionable, practical steps” to improve diversity rather than tick boxes, a black barrister and human rights activist has argued.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Three teens jailed for robbery via the use of Grindr – Crown Prosecution Service

Posted December 12th, 2019 in news by tracey

‘Three teenagers have been jailed for numerous robberies and assault of men who had been enticed via one of the largest social media dating apps, Grindr.’

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Crown Prosecution Service, 11th December 2019

Source: www.cps.gov.uk

Judge sues MoJ claiming racial discrimination – Law Society’s Gazette

Posted December 12th, 2019 in news by tracey

‘A district judge is suing the Ministry of Justice and two supervising judges for unconscious bias, harassment, victimisation, micro-aggression and discrimination after a complaint was made against him by an appellant in one of his cases.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Guidelines for judges to divert newborns from care proceedings – Law Society’s Gazette

Posted December 12th, 2019 in news by tracey

‘Newborns could be diverted from care proceedings if more time is given to pre-birth assessments where there are safeguarding concerns, according to a review published today.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Advert offering ‘life insurance to die for’ banned for trivialising suicide – Daily Telegraph

Posted December 12th, 2019 in news by tracey

‘A Facebook advert for a company that sells “life insurance to die for” has been banned for trivialising suicide among young men.’

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Daily Telegraph, 11th December 2019

Source: www.telegraph.co.uk

Doctors at West Suffolk hospital ‘too scared’ to report safety issues – The Guardian

Posted December 12th, 2019 in news by tracey

‘Doctors at a hospital accused of bullying its staff have told the NHS care regulator that they are too scared to report lapses in patient safety in case they end up facing disciplinary action.’

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The Guardian, 11th December 2019

Source: www.theguardian.com

Paedophile who preyed on girl, 13, spared jail after backlogs delayed his case – Daily Telegraph

Posted December 12th, 2019 in child abuse, delay, news, prosecutions, sentencing, sexual offences, suspended sentences by tracey

‘A paedophile who admitted having sex with a 13-year-old girl has been spared jail after backlogs meant his case took over two years to come before the courts.’

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Daily Telegraph, 11th December 2019

Source: www.telegraph.co.uk

Home Office unlawfully delaying support for modern slavery victims, High Court rules – The Independent

‘The Home Office has been unlawfully forcing trafficked people to wait for months and sometimes years before granting them leave to remain in the UK, the High Court has ruled.’

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The Independent, 11th December 2019

Source: www.independent.co.uk

Red Funnel ferry captain cleared over Solent boat crash – BBC News

Posted December 12th, 2019 in cautions, collisions at sea, news, ships by tracey

‘The captain of a car ferry that crashed with a pleasure boat has been cleared of committing two maritime offences.’

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BBC News, 11th December 2019

Source: www.bbc.co.uk

‘Modern slave’, 19, convicted of murder of Jaden Moodie, 14 – The Guardian

Posted December 12th, 2019 in drug trafficking, gangs, murder, news, offensive weapons by tracey

‘A teenager who had been classed as a “modern slave” has been convicted of murdering a child as part of a drugs feud.’

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The Guardian, 11th December 2019

Source: www.theguardian.com

VAT recoverable on shareholder employee tax avoidance scheme says tribunal – OUT-LAW.com

Posted December 11th, 2019 in company directors, employment, news, shareholders, tax avoidance, taxation, tribunals, VAT by tracey

‘Advice on incentivising employees in a tax efficient manner has a direct and immediate link to the purposes of the business and so VAT input tax should be recoverable, even if the employees are directors and shareholders, the UK’s First-tier Tribunal (FTT) has ruled.’

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OUT-LAW.com, 10th December 2019

Source: www.pinsentmasons.com

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences – Local Government Lawyer

Posted December 11th, 2019 in appeals, fees, judicial review, licensing, local government, news, professional conduct, taxis by tracey

‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Council fined £500k after first prosecution by CQC over failure to provide safe care – Local Government Lawyer

‘Derbyshire County Council has been fined £500,000 following the first prosecution that the Care Quality Commission has brought against a local authority since the watchdog was given powers to prosecute health and social care providers for failing to provide safe care and treatment in 2015.’

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Local Government Lawyer, 10th December 2019

Source: www.localgovernmentlawyer.co.uk

McKenzie Friends giving “biased and misleading” online advice – Legal Futures

‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’

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Legal Futures, 11th December 2019

Source: www.legalfutures.co.uk