Court of Protection Update (Autumn 2016): Part 2 – Family Law Week

Posted November 3rd, 2016 in costs, Court of Protection, litigants in person, news, reporting restrictions by tracey

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.’

Full story

Family Law Week, 2nd November 2016

Source: www.familylawweek.co.uk

Costs relevant to part 36 consequences – but not to whether offer has been beaten, says High Court – Litigation Futures

Posted November 3rd, 2016 in costs, news, part 36 offers by tracey

‘Costs should not be taken into account when deciding whether a part 36 offer has been beaten, the High Court has ruled, but they are relevant when deciding whether to apply the consequences of beating an offer.’

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Litigation Futures, 1st November 2016

Source: www.litigationfutures.com

Justice Secretary calls time on failing prisons in white paper to help cut crime and protect society – Ministry of Justice

‘Justice Secretary embarks on a major shake-up of prisons to help cut £15bn cost of reoffending.’

Full press release

Ministry of Justice, 3rd November 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Employed barristers point to financial security & work/life balance as reasons for going in-house – The Bar Council

Posted November 3rd, 2016 in barristers, employment, press releases, reports by tracey

‘New research from the Bar Council, the representative body for all barristers in England & Wales, on employed barristers’ experiences shows that financial security, a good work/life balance, pension and an interesting and diverse range of work are key factors in choosing to work in-house.’

Full press release

The Bar Council, 3rd November 2016

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted November 3rd, 2016 in law reports by tracey

High Court (Administrative Court)

Miller & Anor, R (on the application v of) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016)

ClientEarth (No.2) v Secretary of State for the Environment, Food and Rural Affairs [2016] EWHC 2740 (Admin) (02 November 2016)

Singhar Beauty Clinic Ltd v Secretary of State for the Home Department [2016] EWHC 2703 (Admin) (02 November 2016)

Shropshire Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2733 (Admin) (02 November 2016)

Moore, R (on the application of) v Watford Borough Council & Anor [2016] EWHC 2736 (Admin) (02 November 2016)

Williams, R (on the application of) v Police Appeals Tribunal & Anor [2016] EWHC 2708 (Admin) (02 November 2016)

High Court (Chancery Division)

Nortel group, Re (Global Settlement) [2016] EWHC 2769 (Ch) (03 November 2016)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 2743 (Ch) (02 November 2016)
Menelaou v Bank of Cyprus UK Ltd [2016] EWHC 2656 (Ch) (31 October 2016)

Easynet Global Services Ltd, Re [2016] EWHC 2681 (Ch) (31 October 2016)

Pittville Ltd v Hunters & Frankau Ltd & Anor [2016] EWHC 2683 (Ch) (27 October 2016)

Hague Plant Ltd v Hague & Ors [2016] EWHC 2663 (Ch) (26 October 2016)

McLean & Anor v Trustees of the Bankruptcy Estate of Dent & Ors [2016] EWHC 2650 (Ch) (26 October 2016)

Phonographic Performance Ltd v CGK Trading Ltd & Ors [2016] EWHC 2642 (Ch) (25 October 2016)

High Court (Commercial Court)

Lehman Brothers International (Europe) v Exxonmobil Financial Services BV [2016] EWHC 2699 (Comm) (28 October 2016)

Regulus Ship Services PTE Ltd v Lundin Services BV & Anor [2016] EWHC 2674 (Comm) (27 October 2016)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016] EWHC 2657 (Comm) (27 October 2016)

High Court (Family Division)

X (A Child) (No 3), Re [2016] EWHC 2755 (Fam) (02 November 2016)

Rotherham Metropolitan Borough Council v M & Ors [2016] EWHC 2660 (Fam) (25 October 2016)

AB (Surrogacy: Consent), Re [2016] EWHC 2643 (Fam) (25 October 2016)

High Court (Patents Court)

Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) (28 October 2016)

Hospira UK Ltd v Cubist Pharmaceuticals, LLC [2016] EWHC 2661 (Pat) (17 October 2016)

High Court (Queen’s Bench Division)

Williams, R (on the application of) v Police Appeals Tribunal & Ors [2016] EWHC 2708 (QB) (02 November 2016)

TUI UK Ltd v Tickell & Ors [2016] EWHC 2741 (QB) (01 November 2016)

Suresh v Samad & Ors (Rev 1) [2016] EWHC 2704 (QB) (31 October 2016)

XYZ v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 2687 (QB) (28 October 2016)

Begg v British Broadcasting Corporation [2016] EWHC 2688 (QB) (28 October 2016)

Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016)

High Court (Technology and Construction Court)

Milton Keynes v Viridor (Community Recycling MK) Ltd [2016] EWHC 2764 (TCC) (03 November 2016)

Connect Plus (M25) Ltd v Highways England Company Ltd [2016] EWHC 2614 (TCC) (27 October 2016)

Perinatal Institute v Healthcare Quality Improvement Partnership [2016] EWHC 2626 (TCC) (26 October 2016)

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC) (25 October 2016)

Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2500 (TCC) (19 October 2016)

Source: www.bailii.org

Hillsborough inquests: Families’ legal fees were £63.6m – BBC News

Posted November 3rd, 2016 in costs, families, health & safety, inquests, legal aid, legal representation, news, police, sport by tracey

‘Legal costs for the families at the inquests into the deaths of the 96 Hillsborough victims totalled £63.6m.’

Full story

BBC News, 2nd November 2016

Source: www.bbc.co.uk

Top judge warns rising court fees threaten access to justice – The Guardian

Posted November 3rd, 2016 in civil justice, courts, criminal justice, fees, judges, judiciary, news, reports by tracey

‘Excessive court fees are in danger of driving away international legal business from London and preventing access to justice, the lord chief justice has warned. In his annual report, Lord Thomas of Cwmgiedd also expresses concern about low morale in the judiciary and the difficulties in recruiting high court judges.’

Full story

The Guardian, 3rd November 2016

Source: www.guardian,.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by tracey

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

Full story

BBC News, 3rd November 2016

Source: www.bbc.co.uk

Lawyer rebuked for gloating at ‘win’ over parents seeking special needs support – The Guardian

‘he lawyer who sent a series of tweets gloating at a tribunal victory over parents who were trying to get specialist support for an autistic child has been given an official rebuke by the Solicitors’ Regulation Authority.’

Full story

The Guardian, 2nd November 2016

Source: www.guardian.co.uk

UK Government has breached air pollution laws and failed to take enough action on emissions, High Court rules – The Independent

‘The High Court has ruled against the Government over its failure to tackle illegal air pollution.’

Full story

The Independent, 2nd November 2016

Source: www.independent.co.uk

Sir Philip Green in firing line as Pensions Regulator begins enforcement action over BHS’s £571m pension deficit – Daily Telegraph

Posted November 3rd, 2016 in enforcement notices, news, parliament, pensions by tracey

‘The Pensions Regulator has begun enforcement action against a number of parties including Sir Philip Green after failing to reach a deal to plug BHS’s £571m pension deficit. In a dramatic development, the regulator, which has been in talks with Sir Philip and his Taveta group of companies over the retailer’s pension fund since BHS collapsed in late April, issued a warning notice to the Top Shop entrepreneur setting out why it believes he is liable to support the scheme.’

Full story

Daily Telegraph, 2nd November 2016

Source: www.telegraph.co.uk

Prisons in England and Wales get boost of 2,500 new staff to tackle violence -The Guardian

‘An extra 2,500 frontline prison staff are to be recruited to tackle soaring levels of gang violence, drug abuse and attacks on staff and inmates inside prisons across England and Wales, the justice secretary is to announce.’

Full story

The Guardian, 2nd November 2016

Source: www.guardian.co.uk

Police forces ‘overwhelmed’ by digital evidence, watchdog finds – BBC News

Posted November 3rd, 2016 in documents, electronic mail, evidence, internet, news, police, telecommunications by tracey

‘Some police forces in England and Wales risk being “overwhelmed” by the volume of digital evidence being collected, the police watchdog has warned.’

Full story

BBC News, 3rd November 2016

Source: www.bbc.co.uk

High Court to rule on Brexit legal battle and Theresa May’s decision to use the royal prerogative – Daily Telegraph

Posted November 3rd, 2016 in EC law, elections, news, parliament, referendums, treaties by tracey

‘This morning the High Court will rule on a court action against Theresa May to prevent her using executive powers under the royal prerogative to start the process of leaving the European Union.’

Full story

Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

FCA to investigate banks’ high-cost credit including overdrafts – The Guardian

Posted November 3rd, 2016 in banking, competition, fees, financial regulation, loans, news by tracey

‘The City regulator is to launch an investigation into loans that charge high interest rates in a move that will also wade into the controversy over fees on overdrafts. The decision by the Financial Conduct Authority (FCA) to look at overdraft charges comes after the Competitition and Markets Authority stepped back from imposing a limit on these fees after a two-year investigation into high-street banking.’

Full story

The Guardian, 3rd November 2016

Source: www.guardian.co.uk