Christmas Break

Posted December 21st, 2016 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2017.

Happy Christmas and thanks for reading!

Police and council pay damages to children kept in care too long – BBC News

Posted December 21st, 2016 in children, damages, families, fostering, local government, news, police by tracey

‘Two children who were kept in care for too long have been awarded damages from a police force and council.’

Full story

BBC News, 21st December 2016

Source: www.bbc.co.uk

EU’s highest court delivers blow to UK snooper’s charter – The Guardian

‘“General and indiscriminate retention” of emails and electronic communications by governments is illegal, the EU’s highest court has ruled, in a judgment that could trigger challenges against the UK’s new Investigatory Powers Act – the so-called snooper’s charter.’

Full story

The Guardian, 21st December 2016

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2016 in legislation by tracey

The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016

The Immigration Act 2014 (Current Accounts) (Excluded Accounts and Notification Requirements) Regulations 2016

The Sporting Testimonial Payments (Excluded Relevant Step) Regulations 2016

The Armed Forces Act 2011 (Commencement No. 6) Order 2016

The Copyright and Performances (Application to Other Countries) Order 2016

The Contracts for Difference (Allocation) (Excluded Sites) Amendment Regulations 2016

The Companies, Partnerships and Groups (Accounts and Non-Financial Reporting) Regulations 2016

Source: www.legislation.gov.uk

Applications to appeal patent rulings should no longer be given easy passage – Litigation Futures

Posted December 21st, 2016 in appeals, civil procedure rules, courts, news, patents by tracey

‘The principle outlined in the White Book that the Court of Appeal should more readily grant permission to appeal in patent cases no longer holds good, it ruled last week.’

Full story

litigation Futures, 20th December 2016

Source: www.litgationfutures.com

MoJ plan to impose fixed-term contracts on judges “could be unlawful” – Legal Futures

Posted December 21st, 2016 in diversity, fees, fixed-term contracts, judges, judiciary, Ministry of Justice, news by tracey

‘Plans by the Ministry of Justice (MoJ) to impose fixed-term contracts on fee- paid judges could be unlawful, the Bar Council has warned.’

Full story

Legal Futures, 21st December 2016

Source: www.legalfutures.co.uk

Bar Chairman: Government must protect UK legal services’ strength in Brexit process – The Bar council

Posted December 21st, 2016 in EC law, legal services, press releases, statistics by tracey

‘Bar Council responds to new report from TheCityUK on value of legal services.’

Full press release

The impact of Brexit on the UK-based legal services sector

The Bar Council, 20th December 2016

Source: www.barcouncil.org.uk

Committee aims for smaller House of Lords – BBC News

Posted December 21st, 2016 in news, parliament by tracey

‘A cross-party group of peers has been set up to come up with ways to reduce the size of the House of Lords.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk

GP and health boss get suspended sentences for £153k fraud – BBC News

Posted December 21st, 2016 in doctors, fraud, health, news by tracey

‘A GP and a senior health manager who fraudulently invoiced the NHS for £153,600 have been sentenced.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk

Watchdogs release damning reports on Marie Stopes abortion clinics – Daily Telegraph

Posted December 21st, 2016 in abortion, charities, consent, health, learning difficulties, news, reports by tracey

‘Staff at Britain’s biggest abortion provider tried to give a vulnerable woman a termination even though she did not understand what was going on, a damning report has found.’

Full story

Daily Telegraph, 20th December 2016

Source: www.telegraph.co.uk

Gangmasters agree to pay more than £1m to settle modern slavery claim – The Guardian

‘A Kent-based gangmaster couple have agreed to a landmark settlement worth more than £1m in compensation and legal costs for a group of migrants who were trafficked to work on farms producing eggs for high street brands.’

Full story

The Guardian, 20th December 2016

Source; www.guardian.co.uk

Couple who sacked housekeeper who let boyfriend stay at £10m mansion and drove Porsche when they were away ordered to pay him £8,000 – Daily Telegraph

Posted December 21st, 2016 in employment tribunals, judgments, news, unfair dismissal by tracey

‘A housekeeper who drove his millionaire bosses’ Porsche and had his boyfriend to stay at their home was unfairly sacked because his employers did not follow the correct procedures, a tribunal has ruled.’

Full story

Daily Telegraph, 20th December 2016

Source: www.telegraph.co.uk

Role of Law Officers on Devolution and Bills – Attorney General’s Office

Posted December 20th, 2016 in attorney general, bills, devolution, speeches, Wales by tracey

‘The Solicitor General spoke to Public Law Wales on the role of the Law Officers on Devolution and Bills.’

Full speech

Attorney General’s Office, 20th December 2016

Source: www.gov.uk/ago

New terms and conditions for judges will hinder diversity – Law Society’s Gazette

Posted December 20th, 2016 in consultations, diversity, judiciary, news, tribunals by tracey

‘Government proposals to increase the diversity of the judiciary and improve career prospects could be counter-productive, the Law Society warned today.’

Full story

Law Society’s Gazette, 20th December 2016

Source: www.lawgazette.co.uk

Foreign Adoptions: how and in what circumstances should they be afforded recognition? – Family Law Week

Posted December 20th, 2016 in adoption, families, foreign jurisdictions, human rights, news by tracey

‘Michael Jones of Deans Court Chambers examines recent important decisions concerning the recognition of adoption orders made abroad.’

Full story

Family Law Week, 16th December 2016

Source: www.familylawweek.co.uk

Human cannonball stunt death boss gets community service – BBC News

Posted December 20th, 2016 in accidents, community service, costs, fines, health & safety, news, sentencing by tracey

‘The organiser of a daredevil stunt show in which a “human cannonball” died has been given a 12-month community order and his firm fined £100,000.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk

Turn off life support for police officer, judge rules – The Guardian

Posted December 20th, 2016 in euthanasia, medical treatment, news, police by tracey

‘Doctors should stop providing life support treatment to a police officer who was left in a minimally conscious state after a road accident, a judge has ruled.’

Full story

The Guardian, 20th December 2016

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 20th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Vyas & Anor v Goraya, (t/a Taj Construction Roofing) [2016] EWCA Civ 1304 (20 December 2016)

Totel Ltd v Revenue And Customs [2016] EWCA Civ 1310 (20 December 2016)

Govia Gtr Railway Ltd v The Associated Society of Locomotive Engineers and Firemen [2016] EWCA Civ 1309 (20 December 2016)

Credit Suisse Asset Management LLC v Titan Europe 2006-1 PLC & Ors [2016] EWCA Civ 1293 (20 December 2016)

Criminal Injuries Compensation Authority v Hutton & Ors [2016] EWCA Civ 1305 (20 December 2016)

Simpson v Simpson [2016] EWCA Civ 1306 (20 December 2016)

Caroopen & Myrie v The Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016)

Yegiazaryan v Vitaly Ivonovich Smagin [2016] EWCA Civ 1290 (19 December 2016)

Granada Group Ltd v The Law Debenture Pension Trust Corporation Plc [2016] EWCA Civ 1289 (16 December 2016)

L (A Child) [2016] EWCA Civ 1297 (16 December 2016)

Rollerteam Ltd & Anor v Riley & Anor [2016] EWCA Civ 1291 (16 December 2016)

Teva UK Ltd v Boehringer Ingelheim Pharma GmbH & Co KG [2016] EWCA Civ 1296 (16 December 2016)

Court of Appeal (Criminal Division)

Da Silva, R v [2016] EWCA Crim 1939 (16 December 2016)

High Court (Administrative Court)

Friends of the Earth Ltd & Anor, R (on the application of) v North Yorkshire County Council & Anor [2016] EWHC 3303 (Admin) (20 December 2016)

Muller Property Group v Secretary of State for Communities And Local Government [2016] EWHC 3323 (Admin) (19 December 2016)

Shasha & Ors (As Trustees of the Placement Pension Fund) v Westminster City Council [2016] EWHC 3283 (Admin) (19 December 2016)

Lyndon-Stanford v Mid Suffolk District Council [2016] EWHC 3284 (Admin) (19 December 2016)

G v Secretary of State for the Home Department [2016] EWHC 3232 (Admin) (16 December 2016)

Zmyslowski v Regional Court In Lublin, Poland [2016] EWHC 3271 (Admin) (16 December 2016)

Kazaniecki v Regional Court In Torun, Poland & Anor [2016] EWHC 3210 (Admin) (16 December 2016)

Lauzikas v The Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016)

High Court (Chancery Division)

A & B v Persons Unknown [2016] EWHC 3295 (Ch) (19 December 2016)

Owen & Anor v Watson & Ors [2016] EWHC 3259 (Ch) (16 December 2016)

Harrison & Anor v Brading [2016] EWHC 3267 (Ch) (16 December 2016)

High Court (Commercial Court)

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2016] EWHC 3278 (Comm) (19 December 2016)

Tchenguiz & Ors v Grant Thornton UK LLP & Ors [2016] EWHC 3727 (Comm) (16 December 2016)

Deutsche Bank AG v Sebastian Holdings Inc [2016] EWHC 3222 (Comm) (16 December 2016)

High Court (Family Division)

GD & BD (Children) [2016] EWHC 3312 (Fam) (20 December 2016)
AB v FC [2016] EWHC 3285 (Fam) (19 December 2016)

Court (Queen’s Bench Division)

Roberts v The Attorney General & Anor [2016] EWHC 3219 (QB) (20 December 2016

Welds v Yorkshire Ambulance Service NHS Trust & Anor [2016] EWHC 3325 (QB) (20 December 2016)

Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 3276 (QB) (19 December 2016)

EH v Dorset Healthcare University NHS Foundation Trust [2016] EWHC 3275 (QB) (19 December 2016)

Younes v Chrysanthou & Anor [2016] EWHC 3269 (QB) (16 December 2016)

Smith v Tesco Plc & Ors [2016] EWHC 3252 (QB) (16 December 2016)

Autonomy, Inc (aka HP Autonomy) & Anor v Hussain [2016] EWHC 3268 (QB) (16 December 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 20th, 2016 in legislation by tracey

The Bank of England Act 1998 (Macro-prudential Measures) Order 2016

The Bank Recovery and Resolution Order 2016

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2016

The Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2016

The Investigatory Powers Act 2016 (Commencement No. 1 and Transitional Provisions) Regulations 2016

The Safeguarding and Clergy Discipline Measure 2016 (Commencement No. 3) Order 2016

The Copyright (Amendment) Regulations 2016

The Finance Act 2016, Section 162(1) and Schedule 20 (Appointed Day) Regulations 2016

The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) (No. 2) Order 2016

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2016

The ISIL (Da’esh) and Al-Qaida (Sanctions) (Overseas Territories) Order 2016

The Environmental Permitting (England and Wales) Regulations 2016

Source: www.legislation.gov.uk

John ‘Goldfinger’ Palmer was ‘unlawfully killed’ – BBC News

Posted December 20th, 2016 in inquests, murder, news, unlawful killing by sally

‘Notorious criminal John “Goldfinger” Palmer was shot six times in a “contract-style” killing, an inquest has heard.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk