Court battle over six-year-old boy missing in Afghanistan – Daily Telegraph

Posted May 31st, 2016 in Afghanistan, children, immigration, news, residence orders by tracey

‘A six-year-old boy who was born in Afghanistan and is never thought to have set foot in Britain is at the centre of a taxpayer-funded family court dispute between his separated Afghan parents.’

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Daily Telegraph, 31st May 2016


High Court rejects appeal from solicitor who “neither thought nor cared about” the rules – Legal Futures

‘The High Court has rejected an appeal against striking off from a solicitor who “neither thought nor cared about” the rules governing his profession.’

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Legal Futures, 31st May 2016


And the first shall be last – Nearly Legal

Posted May 31st, 2016 in amendments, housing, landlord & tenant, local government, news by tracey

‘An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession proceedings against someone who was not a tenant under either agreement. Just how was this going to work out.’

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Nearly Legal, 30th May 2016


Got needs that need assessing – Nearly Legal

‘Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin). What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than the Local Authority handing over a leaflet and/or list of letting agents. But this judicial review, unusually, involves a consideration of fulfilment of the duty.’

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Nearly Legal, 29th May 2016


Rule committee “sympathetic” with PIBA complaints about solicitors using unregistered barristers in court – Litigation Futures

‘The government has been asked to look at changing the Civil Procedure Rules to prevent solicitors from employing unregistered barristers as agents to represent clients in court.’

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Litigation Futures, 27th May 2016


Bar Council responds to PAC report on criminal justice – The Bar Council

Posted May 31st, 2016 in barristers, criminal justice, press releases, reports by tracey

‘The Bar Council has responded to today’s report from the Public Accounts Committee, on the criminal justice system.’

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The Bar Council, 27th May 2016


Recent Statutory Instruments –

Posted May 31st, 2016 in legislation by tracey

The Onshore Wind Generating Stations (Exemption) (England and Wales) (Revocation) Order 2016

The Blood Safety and Quality (Amendment) Regulations 2016

The Welfare Reform and Work Act 2016 (Commencement No. 2) Regulations 2016


BAILII: Recent Decisions

Posted May 31st, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Samsung Electronics Co Ltd & Anor v Telefonaktiebolaget LM Ericsson & Ors [2016] EWCA Civ 489 (27 May 2016)

Randall v Randall [2016] EWCA Civ 494 (27 May 2016)

S (A Child) [2016] EWCA Civ 495 (27 May 2016)

Singh v The Secretary of State for the Home Department [2016] EWCA Civ 492 (27 May 2016)

Court of Appeal (Criminal Division)

AXN v The Queen [2016] EWCA Crim 590 (27 May 2016)

High Court (Administrative Court)

Scott v Solicitors Regulation Authority [2016] EWHC 1256 (Admin) (27 May 2016)

The Professional Standards Authority v Health and Care Professions Council & Anor [2016] EWHC 1237 (Admin) (27 May 2016)

Hill, R (On the Application Of) v Cornwall Council [2016] EWHC 1264 (Admin) (27 May 2016)

K, A & B, R (on the application of) v Secretary of State for Defence Secretary of State for the Foreign and Commonwealth Affairs [2016] EWHC 1261 (Admin) (27 May 2016)

Lancashire County Council v The Secretary of State for the Environment, Food and Rural Affairs & Anor [2016] EWHC 1238 (Admin) (27 May 2016)

High Court (Commercial Court)

AS Latvijas Krajbanka v Antonov [2016] EWHC 1262 (Comm) (27 May 2016)

High Court (Queen’s Bench Division)

R + V Versicherung AG v Robertson And Co SA [2016] EWHC 1243 (QB) (27 May 2016)

HM Solicitor General v Cox & Anor [2016] EWHC 1241 (QB) (27 May 2016)

High Court (Technology and Construction Court)

Cooper & Anor v Thameside Construction Company Ltd [2016] EWHC 1248 (TCC) (27 May 2016)

Lungowe & Ors v Vedanta Resources Plc & Anor [2016] EWHC 975 (TCC) (27 May 2016)


Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by tracey

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

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Law Society’s Gazette, 27th May 2016


Court rules on QOCS protection in appeals – Law Society’s Gazette

Posted May 31st, 2016 in appeals, civil procedure rules, costs, news, personal injuries by tracey

‘Costs protection will apply to first appeals in personal injury proceedings, the High Court has ruled in a judgment intended to clear up an area of confusion.’

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Law Society’s Gazette, 30th May 2016


Ex-Army Major, 90, died after falling from trolley when hospital staff failed to secure sides – Daily Telegraph

Posted May 31st, 2016 in fines, health & safety, hospitals, news by tracey

‘A retired Army Major died after falling from a hospital trolley as NHS staff wheeled him for a routine hip X-Ray, a judge had been told.’

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Daily Telegraph, 29th May 2016


Probe into UK occupational pension schemes – BBC News

Posted May 31st, 2016 in inquiries, news, parliament, pensions, select committees by tracey

‘An inquiry is to be launched into the UK’s 6,000 occupational pension schemes after question marks about the future of the BHS and British Steel schemes.’

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BBC News, 30th May 2016


Ken Clarke: Change rules on ‘public danger’ prisoners – BBC News

Posted May 31st, 2016 in dangerous offenders, news, parole, prisons, probation, rehabilitation, sentencing by tracey

‘Former justice secretary Ken Clarke says parole boards should have more power to free criminals jailed because they were a danger to the public. He told BBC Radio 4’s Today programme it was “absurd” to keep prisoners in jail beyond their original terms.’

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BBC News, 30th May 2016


Jailed for false retraction, rape victim to challenge reduced compensation – The Guardian

‘A woman who was jailed for falsely retracting a true allegation of rape is to challenge the compensation awarded to her by a tribunal.’

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The Guardian, 30th May 2016


Elliott Johnson: Inquest opens into death of ‘bullied’ Tory activist found on rail tracks – The Independent

Posted May 31st, 2016 in bullying, inquests, news, political parties, suicide by tracey

‘A coroner will today start taking evidence into the death of a young Tory activist who is believed to have taken his life after being bullied while campaigning for the party.’

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The Independent, 31st May 2016