British woman, 60, who wants to use dead daughter’s eggs to give birth to her own grandchild in world first wins legal appeal – Daily Telegraph

Posted June 30th, 2016 in appeals, assisted reproduction, embryology, grandparents, news, surrogacy by tracey

‘A woman who wants to use her dead daughter’s frozen eggs to give birth to her own grandchild has won a Court of Appeal battle.’

Full story

Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

Isle of Wight Council can fight school holiday ruling – BBC News

Posted June 30th, 2016 in appeals, fines, holidays, local government, news, school children by tracey

‘A council has been told it can apply to challenge a High Court decision which ruled in favour of a father who took his daughter on holiday in term time.’

Full story

BBC News, 30th June 2016

Source: www.bbc.co.uk

Divorce settlements open to challenge as lawyers ‘unaware of stamp duty change’ – Daily Telegraph

Posted June 30th, 2016 in appeals, divorce, financial provision, housing, matrimonial home, news, stamp duty by tracey

‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’

Full story

Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

Regina (Cooper) v Ashford Borough Council – WLR daily

Posted June 30th, 2016 in environmental protection, gipsies, law reports, local government, planning by tracey

Regina (Cooper) v Ashford Borough Council: [2016] EWHC 1525 (Admin)

‘The claimant sought judicial review of the grant of planning permission by the local planning authority for four gipsy pitches and associated development at a site, on the ground, inter alia, that the local authority had erred in failing to have regard to a material consideration, namely that the grant of permission would set a precedent for the development of further gipsy and traveller sites causing cumulative harm to the semi-natural ancient woodland in the area.’

WLR Daily, 24th June 2016

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 30th, 2016 in law reports by tracey

High Court (Commercial Court)

Marme Inversiones 2007 SL v Royal Bank of Scotland Plc & Ors [2016] EWHC 1570 (Comm) (29 June 2016)

High Court (Family Division)

M, Re [2016] EWHC 1572 (Fam) (30 June 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted June 30th, 2016 in legislation by tracey

The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016

The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016

Source: www.legislation.gov.uk

Trade bodies publish new market abuse guidance to replace Model Code – OUT- LAW.com

‘Guidance and specimen policy documents to help quoted companies comply with new market abuse rules when dealing in shares have been published by the UK’s main trade bodies for governance professionals and general counsel.’

Full story

OUT-LAW.com, 29th June 2016

Source: www.out-law.com

Senior judge: bigger fine discounts needed for companies agreeing deferred prosecution agreements – OUT-LAW.com

‘Companies should receive substantial discounts on fines if they enter into deferred prosecution agreements (DPAs) with the Serious Fraud Office (SFO) after uncovering and self-reporting corruption offences, according to one of the UK’s most senior judges.’

Full story

OUT-LAW.com, 30th June 2016

Source: www.out-law.com

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by tracey

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

Full story

UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

To recuse or not? – Ghadami v Bloomfield and others [2016] EWHC 1448(ch) – Zenith PI

‘Norris J has recently had to deal with an interesting case where he faced an application that he should recuse himself from a case. It also highlighted the negative impact a litigant in person can have on a case and administration of the Courts.’

Full story

Zenith PI, 29th June 2016

Source: www.zenithpi.wordpress.com

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales.’

Full press release

official-documents.gov.uk, 30th June 2016

Source: official-documents.gov.uk

Court of Appeal cuts sentence for breach of anti-social behaviour injunction – Local Government Lawyer

Posted June 30th, 2016 in appeals, ASBOs, news, sentencing by tracey

‘The Court of Appeal has ruled that the sentence imposed on a defendant for breaching the terms of an anti-social behaviour injunction, was manifestly excessive.’

Full story

Local Government Lawyer, 29th June 2016

Source: www.localgovernmentlawyer.co.uk

Part 36 uplift for beating offer includes contractual interest, High Court rules – Litigation Futures

Posted June 30th, 2016 in civil procedure rules, interest, news, part 36 offers by tracey

‘The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled.’

Full story

Litigation Futures, 27th June 2016

Source: www.litigationfutures.com

Costs lawyers highlight “arbitrary” nature of budgeting – Litigation Futures

Posted June 30th, 2016 in budgets, costs, judges, legal profession, news by tracey

‘The extent to which the costs management regime is working very much depends on which judge you are before, according to a survey of members of the Association of Costs Lawyers (ACL).’

Full story

Litigation Futures, 28th June 2016

Source: www.litigationfutures.com

Four sentenced to a total of 29 years for £98 million tax fraud scheme – Crown Prosecution Service

Posted June 30th, 2016 in conspiracy, fraud, press releases, sentencing, taxation by tracey

‘Four men have been sentenced to a total of 29 years imprisonment for their role in an elaborate tax fraud involving the funding of UK film productions. The defendants dishonestly claimed losses had been made so that income tax could be falsely claimed back from HM Revenue and Customs.’

Full press release

Crown Prosecution Service, 24th June 2016

Source: www.cps.gov.uk

Kayleigh Haywood’s killer brought to justice – Crown Prosecution Service

‘Two men have been convicted of a range of offences that culminated in the rape and murder of Leicestershire teenager Kayleigh Haywood.’

Full story

Crown Prosecution Service, 28th June 2016

Source: www.cps.gov.uk

Changes to barristers’ CPD: BSB consultation about the rule changes is open – Bar Standards Board

‘As announced back in April, a new Continuing Professional Development (CPD) regime for barristers on the Established Practitioner Programme will be in place from January 2017. To prepare for the new CPD regime, the Bar Standards Board (BSB) has published a consultation seeking views on the proposed changes to the rules and regulations governing the new scheme.’

Full press release

Bar Standards Board, 29th June 2016

Source: www.barstandardsboard.org.uk

Speech by Lord Justice Gross: Judicial Leadership – Courts and Tribunals Judiciary

Posted June 30th, 2016 in judges, judiciary, speeches by tracey

‘The changes in judicial leadership, is my central theme tonight. It is one that has a number of facets, in court and outside of court, all vital to the success of our justice system, both domestically and internationally.’

Full speech

Courts and Tribunals Judiciary, 24th June 2016

Source: www.judiciary.gov.uk

Legal aid contributions decision to face judicial review – Law Society’s Gazette

Posted June 30th, 2016 in appeals, costs, legal aid, news by tracey

‘The Court of Appeal has granted permission for a judicial review of a Legal Aid Agency decision on capital contributions, urging “meaningful negotiations” between the parties to prevent further costs being incurred for the relatively small sums at stake.’

Full story

Law Society’s Gazette, 28th June 2016

Source: www.lawgazette.co.uk

Lords sound legal privilege alarm over snooping bill – Law Society’s Gazette

Posted June 30th, 2016 in bills, electronic mail, investigatory powers, news, parliament, privilege by tracey

‘Distinguished legal figures on the red benches lined up to condemn threats to professional privilege posed by the government’s investigatory powers bill as it passed its second reading in the House of Lords this week.’

Full story

Law Society’s Gazette, 29th June 2016

Source: www.lawgazette.co.uk