Fraudster ‘Fast Eddie’ ordered to pay £13.5m – Daily Telegraph
‘The self-styled ‘Lord’ Davenport’s fine is over criminal profits he made selling London mansion used for sex parties.’
Daily Telegraph, 21st May 2015
Source: www.telegraph.co.uk
Month: May 2015
No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog
‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’
UK Human Rights Blog, 20th May 2015
Source: www.ukhumanrightsblog.com
Credit Hire Simplified? – Zenith PI Blog
‘In cases where the hirer of a car on credit terms is not impecunious, we thought we knew where we stood after Dimond v Lovell [2001] 1AC 384. The Claimant was entitled to recover the ‘spot rate’ or, as the Court of Appeal in Pattni v First Leicester Buses Ltd [2012] RTR 17 insisted, ‘basic hire rate’ or BHR. In Burdis v Livsey [2003] QB 36, three possible ways of calculating the basic hire rate were considered and indeed that consideration was repeated by Aikens LJ in Pattni. Both the Court of Appeal in Burdis and the Court of Appeal in Pattni rejected the mode of calculation of applying a reasonable discount to the credit hire rate charged. That left two methods of calculation. The first, which was not favoured by the Court of Appeal in Burdis, was to break down the charge made by the credit hire company and remove the additional elements from the claim in respect of credit, claim handling and delivery &c. The Court of Appeal in Burdis thought that the cost of working all that out might well be disproportionate. The court in Pattni, however, considered that where the actual credit hire company which had hired the replacement car to the Claimant, disclosed the BHR for that type of car in that area at that time, that might well be the best mode of calculation.’
Zenith PI Blog, 20th May 2015
Source: www.zenithpi.wordpress.com
Police officer jailed for eight months for assaulting student at London protest – The Guardian
‘A police officer who knocked part of a man’s tooth out with his riot shield during a student protest in 2010 has been sentenced to eight months in prison.’
The Guardian, 20th May 2015
Source: www.guardian.co.uk
Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer
‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’
Local Government Lawyer, 21st May 2015
Source: www.localgovernmentlawyer.co.uk
‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog
‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’
Zenith PI Blog, 20th May 2015
Source: www.zenithpi.wordpress.com
The London borough that has turned homeless people into ‘criminals – The Independent
‘Homeless people face being criminalised in a east London borough due to a ban on anti-social behaviour, a charity has warned.’
The Independent, 21st May 2015
Source: www.independent.co.uk
Midwife struck off for misconduct after deaths of two babies – The Guardian
‘A former midwife whose actions were said to have contributed to the deaths of two babies is to be struck off, a misconduct tribunal has ruled.’
The Guardian, 20th May 2015
Source: www.guardian.co.uk
Care officers subjected youngsters to ‘degrading treatment, racist comments’ – Daily Telegraph
‘Care officers at a secure detention centre for young offenders were found to be taking drugs at work, smuggling in “inappropriate” DVDs as Ofsted rates them inadequate.’
Daily Telegraph, 20th May 2015
Source: www.telegraph.co.uk
Defence – Some personal reflections – Zenith PI Blog
‘There is a striking difference between CPR part 16.4, which deals with the Particulars of Claim and 16.5, which deals with the defence. Whereas there is a clear instruction that the Particulars of Claim has to include only a concise statement of the facts on which the Claimant replies, there is no corresponding provision so far as the Defence is concerned.’
Zenith PI Blog, 20th May 2015
Source: www.zenithpi.wordpress.com
Victims of disability hate crime are still being let down, report claims – The Guardian
‘Victims of disability hate crimes are being failed by police, prosecutors and the probation service, according to a report by inspectors.’
The Guardian, 21st May 2015
Source: www.guardian.co.uk
The Law and the Gender Pay Gap – BBC Unreliable Evidence
‘Clive Anderson and a panel of senior legal experts discuss the apparent failure of the 1970 Equal Pay Act to bridge the gender pay gap.’
Listen
BBC Unreliable Evidence, 13th May 2015
Source: www.bbc.co.uk
Legal aid legislation ‘disgracefully complex’ – Law Society’s Gazette
‘The Court of Appeal has called for clarity over ‘disgracefully complex’ legal aid legislation after an elderly man was committed to prison in the absence of publicly funded legal representation to which he was entitled.’
Law Society’s Gazette, 19th May 2015
Source: www.lawgazette.co.uk
Scott Sheard death: Bouncer jailed for four years – BBC News
‘A nightclub bouncer convicted of killing a man who died more than two years after being punched outside a bar has been jailed for four years.’
Full story
BBC News, 19th May 2015
Source: www.bbc.co.uk
Judgment prompts review of thousands of housing cases – Law Society’s Gazette
‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’
Law Society’s Gazette, 18th May 2015
Source: www.lawgazette.co.uk
Pension reforms loophole: Ex-wives may lose out in rule change over shared pot – Daily Telegraph
‘New rules allowing people to withdraw entire pension funds create loophole that can override agreements to share benefits built up by breadwinner.’
Daily Telegraph, 20th May 2015
Source: www.telegraph.co.uk
Paedophile doctor Myles Bradbury’s appeal ‘contemptible’ – BBC News
‘A paedophile doctor’s appeal against his sentence is “utterly contemptible”, the mother of one victim has said.’
BBC News, 19th May 2015
Source: www.bbc.co.uk
Intelligence agencies can hack computers without breaking UK laws – OUT-LAW.com
‘The UK government changed the law to enable intelligence agencies to engage in computer hacking without being said to be in breach of the Computer Misuse Act, privacy campaigners have claimed. The government has said the powers were already in existence and that the reforms merely serve to clarify the legal position.’
OUT-LAW.com, 18th May 2015
Source: www.out-law.com
Man jailed for West Bromwich body in wheelie bin murder – BBC News
‘A man convicted of bludgeoning to death a Romanian woman whose body was found in a wheelie bin has been jailed for life.’
BBC News, 19th May 2015
Source: www.bbc.co.uk
