Month: May 2016

Should “turning a blind eye” to allegations of child abuse be made illegal? – Halsbury’s Law Exchange

Posted May 27th, 2016 in child abuse, news, notification by tracey

‘According to the NSPCC’s 2015 report, How safe are our children? over 30,000 cases of child sexual abuse are now recorded annually in the UK. Perhaps this growing number can be attributed, in part, to people being more confident in speaking up and raising concerns, especially in an era of post-Yewtree Operation revelations.’

Full story

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

Reading the Riot Act: the future of riot damage compensation – Halsbury’s Law Exchange

Posted May 27th, 2016 in compensation, criminal damage, news, violent disorder by tracey

‘“If you carry on doing that I’ll read you the Riot Act!” So might a hapless parent or teacher plead to their unruly charges. But the real Riot Act 1714 (removed only in 1973 by the Statute Law (Repeals) Act of that year) meant business. For, if more than 12 people “unlawfully, riotously, and tumultuously assembled together”, it allowed a justice of the peace (or other specified local official) to command the assembly to disperse and within an hour “peaceably to depart to their habitations or to their lawful business”. If not they were liable to “suffer death” as felons.’

Full story

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com

Posted May 27th, 2016 in case management, disclosure, electronic filing, news by tracey

‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’

Full story

OUT-LAW.com, 25th May 2016

Source: www.out-law.com

Spitalfields Trust Ltd lose judicial review claim – OUT-LAW.com

Posted May 27th, 2016 in judicial review, local government, London, news, planning by tracey

‘The High Court has rejected Spitalfields Historic Trust Ltd’s judicial review claim against a planning permission decision by previous London mayor Boris Johnson.’

Full story

OUT-LAW.com, 26th May 2016

Source: www.out-law.com

BAILII: Recent Decisions

Posted May 27th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Project Blue Ltd v Revenue and Customs [2016] EWCA Civ 485 (26 May 2016)

Rizan & Anor v Hayes & Anor [2016] EWCA Civ 481 (26 May 2016)

Nelmes v NRAM Plc [2016] EWCA Civ 491 (26 May 2016)

High Court (Administrative Court)

Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin) (26 May 2016)

Graham & Ors, R (on the application of) v HM Revenue and Customs [2016] EWHC 1197 (Admin) (26 May 2016)

Plant, R (On the Application Of) v Somerset County Council & Anor [2016] EWHC 1245 (Admin) (26 May 2016)

Dennehy, R (On the Application Of) v Secretary of State for Justice [2016] EWHC 1219 (Admin) (26 May 2016)

Gopalakrishnan, R (on the application of) v General Medical Council [2016] EWHC 1247 (Admin) (26 May 2016)

High Court (Chancery Division)

The Girls’ Day School Trust v GDST Pension Trustees Ltd & Anor [2016] EWHC 1254 (Ch) (26 May 2016)

High Court (Family Division)

Birmingham City Council v LC & Ors [2016] EWHC 1278 (Fam) (27 May 2016)

High Court (Queen’s Bench Division)

Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1161 (QB) (26 May 2016)

Zahir v Vadodaria [2016] EWHC 1215 (QB) (26 May 2016)

Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1263 (QB) (26 May 2016)

Winchester Park Ltd v Sehayek [2016] EWHC 1216 (QB) (26 May 2016)

DS v Northern Lincolnshire and Goole NHS Foundation Trust (Rev 1) [2016] EWHC 1246 (QB) (26 May 2016)

Parke v Butler [2016] EWHC 1251 (QB) (26 May 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2016 in legislation by tracey

The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016

The Open Internet Access (EU Regulation) Regulations 2016

The Education (Postgraduate Master’s Degree Loans) Regulations 2016

Source: www.legisaltion.gov.uk

QOCS protection extends to appeals, High Court rules – Litigation Futures

Posted May 27th, 2016 in appeals, costs, news by tracey

‘Qualified one-way costs shifting (QOCS) applies not only to trials but to appeals, the High Court has ruled.’

Full story

Litigation Futures, 26th May 2016

Source: www.litigationfutures.com

Government eyes stronger powers to discipline solicitors as part of insurance fraud crackdown – Legal Futures

Posted May 27th, 2016 in fraud, insurance, news, solicitors by tracey

‘The government yesterday accepted recommendations for stronger fining powers for the Solicitors Regulation Authority (SRA), a lower burden of proof before the Solicitors Disciplinary Tribunal (SDT), and the need to introduce further measures to discourage ‘late’ personal injury claims, in the next stage of its crackdown on fraudulent behaviour.’

Full story

Legal Futures, 27th May 2016

Source: www.legalfutures.co.uk

New powers to strengthen coastal security – Home Office

Posted May 27th, 2016 in customs and excise, drug trafficking, immigration, press releases by tracey

‘New powers to help target smugglers and prevent illegal entry come into force.’

Full press release

Home Office, 26th may 2016

Source: www.gov.uk/home-office

Master of the Rolls: Sir Terence Etherton – Courts and Tribunals Judiciary

Posted May 27th, 2016 in judiciary, press releases by tracey

‘Her Majesty The Queen has been pleased to approve the appointment of The Rt Hon Sir Terence Etherton as the Master of the Rolls with effect from 3 October 2016. This appointment follows the retirement of The Rt Hon Lord Dyson on 2 October 2016.’

Full press release

Courts and Tribunals Judiciary, 26th May 2016

Source: www.judiciary.gov.uk

Susan Whiting death: Woman guilty of manslaughter – BBC News

Posted May 27th, 2016 in homicide, news, rape by tracey

‘A man has been jailed for life for murdering a student with learning difficulties as his wife has been convicted of her manslaughter.’

Full story

BBC News, 26th May 2016

Source: www.bbc.co.uk

Top judge hands divorcee £3.5m despite husband arguing it should be less as ex-wife lives with another man – Daily Telegraph

Posted May 27th, 2016 in divorce, financial provision, news by tracey

‘Women who move in with other men after getting divorced are still entitled to a share of their ex-husband’s wealth, the UK’s most senior family judge has ruled.’

Full story

Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

Children of woman jailed for Syria plot will live with relatives – The Guardian

Posted May 27th, 2016 in care orders, children, families, news, terrorism by tracey

‘Three children whose British Muslim mother has been jailed after planning a move to an area of Syria controlled by Islamic State are to live with relatives pending decisions about their long-term future, a high court judge has been told.’

Full story

The Guardian, 26th May 2016

Source: www.guardian.co.uk

Wardrobe death case: Care home must pay £150,000 – BBC News

Posted May 27th, 2016 in care homes, elderly, fines, health & safety, news by tracey

‘The owner of a care home where an 80-year-old woman was found dead under a fallen wardrobe has been ordered to pay £150,000 after being prosecuted.’

Full story

BBC News, 26th May 2016

Source: www.bbc.co.uk

Logan Peters killed himself following police custody – BBC News

Posted May 27th, 2016 in detention, inquests, mental health, news, restraint, suicide by tracey

‘A series of police failures caused a man to kill himself a day after being released from custody, an inquest found.’

Full story

BBC News, 27th May 2016

Source: www.bbc.co.uk

Serial killer Joanna Dennehy loses claim her human rights are being violated – The Independent

Posted May 27th, 2016 in detention, human rights, murder, news, prisons by tracey

‘Serial killer Joanna Dennehy has lost her High Court claim that she is entitled to damages for human rights violations after being placed in solitary confinement in jail.’

Full story

The Independent, 26th May 2016

Source: www.independent.co.uk

Fingerprints and DNA of up to 800 terror suspects destroyed because of errors by spies and the police – Daily Telegraph

Posted May 27th, 2016 in DNA, fingerprints, intelligence services, news, police, terrorism by tracey

‘The fingerprint and DNA profiles of up to 800 terror suspects have been destroyed because of errors by spies and the police, it has emerged.’

Full story

Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

Cuts have left court system ‘close to breaking point’ and have put its credibility at risk, MPs warn – The Independent

Posted May 27th, 2016 in budgets, criminal justice, delay, news, select committees by tracey

‘Inquiry finds that a shortage of judges is contributing to two-thirds of trials in the Crown Court being delayed, or not going ahead at all.’

Full story

The Independent, 27th May 2016

Source: www.independent.co.uk

Competition watchdog attacks UK cloud storage providers – The Guardian

Posted May 27th, 2016 in competition, consumer protection, contracts, internet, news by tracey

‘Cloud storage providers are treating customers unfairly and risk users losing access to their photos and other personal possessions, the competition regulator said. An investigation by the Competition and Markets Authority found providers offered contract terms and practices that could breach consumer law.’

Full story

The Guardian, 27th May 2016

Source: www.guardian.co.uk

Father should be allowed to apply for parental responsibility following surrogacy – UK Human Rights Blog

Posted May 26th, 2016 in adoption, declarations of incompatibility, human rights, news, parental responsibility, surrogacy, treaties by tracey

‘Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human Fertilisation and Embryology Act on grounds of discrimination.’

Full story

UK Human Rights Blog, 25th May 2016

Source: www.ukhumanrightsblog.com