Barristers still face flexible working penalty – The Bar Council

Posted August 2nd, 2016 in barristers, equality, flexible working, press releases, rent, women by tracey

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

Full story

The Bar Council, 1st August 2016


Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by tracey

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

Full story

Nearly legal, 1st August 2016


Allocation & unreasonable behaviour – Nearly Legal

Posted August 2nd, 2016 in housing, local government, news, rehabilitation by tracey

‘YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin). YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these were spent under Rehabilitation of Offenders Act 1974 at the relevant time. YA applied to be added to H&F’s housing register.’

Full story

Nearly legal, 31st July 2016


Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

Full story

Local Government Law. 27th July 2016


Migrant who entered UK illegally raped woman on her morning commute after being allowed to stay – Daily Telegraph

Posted August 2nd, 2016 in assault, immigration, news, rape by tracey

‘A migrant who entered the UK illegally raped a “terrified” woman on her morning commute to work just months after he was allowed to stay.’

Full story

Daily Telegraph, 1st August 2016


Loose Women cleared over Katie Price’s son swearing – BBC News

Posted August 2nd, 2016 in codes of practice, disabled persons, media, news, obscenity by tracey

‘Loose Women has been cleared by Ofcom over an incident which saw Katie Price’s disabled son, Harvey, swear live on air.’

Full story

BBC News, 1st August 2016


Leytonstone Tube attacker Muhiddin Mire jailed for life – BBC News

Posted August 2nd, 2016 in assault, attempted murder, attempts, murder, news, offensive weapons, sentencing by tracey

‘A man who attacked Tube passengers with a knife in London and tried to behead one of them has been jailed for life.’

Full story

BBC News, 1st August 2016


High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

Full story

The Guardian, 1st August 2016


Teenager filmed raping ‘completely comatose’ 18-year-old woman is jailed – The Independent

Posted August 2nd, 2016 in news, rape, sentencing, sexual offences, video recordings by tracey

‘A teenager who was filmed raping a girl while she was “completely comatose” has been jailed.’

Full story

The Independent, 2nd August 2016


Judge to rule on NHS funding for ‘game-changing’ HIV treatment – The Guardian

Posted August 2nd, 2016 in health, HIV, medicines, news by tracey

‘A high court judge is to rule on whether a preventive treatment for HIV that charities say is a “game changer” should be funded by the NHS.’

Full story

The Guardian, 2nd August 2016


Supreme Court: money owed by insolvent agent to its principal not held on constructive trust –

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

Full story, 29th July 2016


BAILII: Recent Decisions

Posted August 1st, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 (29 July 2016)

Kucherov, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 791 (29 July 2016)

W (A Child) [2016] EWCA Civ 793 (29 July 2016)

C (A Child) [2016] EWCA Civ 798 (29 July 2016)

Apata, R (On the Application of) v Secretary of State for the Home Department [2016] EWCA Civ 802 (29 July 2016)

Carder v The University of Exeter [2016] EWCA Civ 790 (29 July 2016)

Goyal v Goyal [2016] EWCA Civ 792 (29 July 2016)

Raza, R (On the Application Of) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807 (29 July 2016)

Menston Action Group v City of Bradford Metropolitan District Council [2016] EWCA Civ 796 (28 July 2016)

Court of Appeal (Criminal Division)

Murray v R [2016] EWCA Crim 1051 (29 July 2016)

High Court (Administrative Court)

Napp Pharmaceuticals Ltd, R (On the Application Of) v Secretary of State for Health acting as The Licensing Authority [2016] EWHC 1982 (Admin) (29 July 2016)

The Secretary of State for the Home Department v EB [2016] EWHC 1970 (Admin) (29 July 2016)

KK v Director of Public Prosecutions [2016] EWHC 1976 (Admin) (29 July 2016)

Czach & Anor v Poland [2016] EWHC 1993 (Admin) (29 July 2016)

TDT, R (On the Application Of) v Secretary Of State For The Home Department [2016] EWHC 1912 (Admin) (29 July 2016)

Gray v The Police Appeals Tribunal [2016] EWHC 1239 (Admin) (29 July 2016)

High Court (Chancery Division)

Iiyama (UK) Ld ) & Ors v Samsung Electronics Co Ltd & Ors [2016] EWHC 1980 (Ch) (29 July 2016)

Ready Rentals Ltd v Ahmed & Anor [2016] EWHC 1996 (Ch) (29 July 2016)

BHS Ltd, Re [2016] EWHC 1965 (Ch) (29 July 2016)

High Court (Commercial Court)

C v D [2016] EWHC 1893 (Comm) (29 July 2016)

High Court (Family Division)

West Sussex County Council v Alma [2016] EWHC 2009 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2016] EWHC 1975 (QB) (29 July 2016)

Warne v Vinters-Armstrongs Ltd [2016] EWHC 1971 (QB) (29 July 2016)

High Court (Technology and Construction Court)

Energysolutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) (29 July 2016)


Recent Statutory Instruments –

Posted August 1st, 2016 in legislation by Mark L

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2016

The Suspension Appeals (Churchwardens etc.) Rules 2016


Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

Full text

Ministry of Justice, 29th July 2016


Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in brexit, costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

Full story

Litigation Futures, 29th July 2016


Chambers urged to shape up on diversity as discrimination claims rise – Legal Futures

‘Chambers are seeing more grievances over discriminatory treatment by both employees and members, according to solicitors who advise them on dealing with their equality and diversity obligations.’

Full story

Legal Futures, 1st August 2016


Modern Slavery Act 2015 review: one year on – Home Office

‘An independent review into the effectiveness of the criminal justice provisions in the Modern Slavery Act 2015 one year after coming into effect.’

Full press release

Home Office, 31st July 2016


Teenager sentenced for Derby knife murder – Crown Prosecution Service

Posted August 1st, 2016 in murder, press releases, sentencing, violent disorder, weapons, young offenders by Mark L

‘A 16-year-old has been sentenced to 14 years in custody for the murder of 22-year-old Tom Webb, who was stabbed to death in the centre of Derby in January 2016.’

Full press release

Crown Prosecution Service, 29th July 2016


Cybercriminal “Sir King Cash” ordered to pay back over half a million pounds – Crown Prosecution Service

‘Fraudster Sean Benson, who went by the screen name “Sir King Cash”, has been ordered to pay back £554,000 by a judge at Southwark Crown Court. Benson now has three months in which to pay back the money or face a further five years in jail. All of the money will be paid back to the victims of the fraud.’

Full press release

Crown Prosecution Service, 29th July 2016


Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

Full story

Law Society’s Gazette, 29th July 2016