Judge lambasts council and police for flaws in investigation and care case – Local Government Lawyer

Posted January 5th, 2017 in care orders, damages, human rights, news, police, social services by tracey

‘A High Court judge has strongly criticised a council and a police force for serious breaches of the Human Rights Act, after two children were retained in care despite their mother not being charged with an offence following her arrest.’

Full story

Local Government Lawyer, 4th January 2017

Source: www.localgovernmentlawyer.co.uk

SRA ordered to disclose report into law firm investigation – Legal Futures

‘The Law Society’s freedom of information adjudicator has ordered the Solicitors Regulation Authority (SRA) to disclose an investigator’s report, saying the regulator had overlooked “the public interest in transparency as a good in itself”.’

Full story

Legal Futures, 5th January 2017

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted January 5th, 2017 in law reports by tracey

High Court (Patents Court)

Warner-Lambert Company LLC v Sandoz GmbH & Anor (Rev 1) [2016] EWHC 3317 (Pat) (21 December 2016)

Illumina, Inc (“Illumina”) & Ors v Illumina, Inc & Ors [2016] EWHC 3345 (Pat) (16 December 2016)

High Court (Queen’s Bench Division)

Barkhuysen v Hamilton [2016] EWHC 3371 (QB) (23 December 2016)

Barron & Ors v Collins [2016] EWHC 3350 (QB) (22 December 2016)

Holdsworth v Luton And Dunstable University Hospital NHS Foundation Trust [2016] EWHC 3347 (QB) (21 December 2016)

Chelmsford City Council v Secretary of State for Communities And Local Government [2016] EWHC 3329 (QB) (21 December 2016)

High Court (Technology and Construction Court)

Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy (a firm) [2016] EWHC 3233 (TCC) (21 December 2016)

Willmott Dixon Construction Ltd v Robert West Consulting Ltd [2016] EWHC 3291 (TCC) (21 December 2016)

Arroyo & Ors v Equion Energia Ltd [2016] EWHC 3348 (TCC) (21 December 2016)

Source: www.bailii.org

Whiplash reforms treat victims ‘like an inconvenience’ – APIL – Law Society’s Gazette

Posted January 5th, 2017 in consultations, fraud, legal profession, news, personal injuries, small claims, victims by tracey

‘Claimant lawyers have mounted an all-out attack on the government’s plans to overhaul the personal injury sector as the deadline approaches for responses to a consultation.’

Full story

Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

Lord Sumption and the Limits of the Law: Is the Human Rights Project Undemocratic and Elitist? – Family Law Week

Posted January 5th, 2017 in constitutional law, human rights, judges, judiciary, news, treaties by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, considers the arguments in a debate of vital importance to family lawyers.’

Full story

Family Law Week, 4th January 2017

Source: www.familylawweek.co.uk

Former soldier sentenced under Terrorism Act after attempting to travel to Syria to fight Isis – The Independent

Posted January 5th, 2017 in armed forces, community service, news, sentencing, terrorism, war by tracey

‘A former soldier has been sentenced under the Terrorism Act after he attempted to travel to Syria to fight Isis.’

Full story

The Independent, 4th January 2017

Source: www.independent.co.uk

Government names new chief to lead crackdown on worker exploitation – The Guardian

Posted January 5th, 2017 in employment, gangmasters, immigration, minimum wage, news by tracey

‘The government has moved to crack down on unscrupulous employers by appointing a new boss to lead the collection of government bodies tasked with stamping out exploitation in the workplace. Prof Sir David Metcalf, a founding member of the Low Pay Commission and former chairman of the Migration Advisory Committee, was named on Thursday as the first director of Labour Market Enforcement.’

Full story

The Guardian, 5th January 2017

Source: www.guardian.co.uk

All prisoners should be allowed to wear their own clothes because transgender inmates can, inspectors say – Daily Telegraph

Posted January 5th, 2017 in freedom of expression, news, prisons, reports, transgender persons by tracey

‘Prisoners should be allowed to wear their own clothes in jail because transgender inmates are allowed to wear dresses and make-up, inspectors have said.’

Full story

Daily Telegraph, 5th January 2017

Source: www.telegraph.co.uk

Truss orders review to ban abusers tormenting victims in family courts – The Guardian

‘The Justice Secretary has set up an emergency review to find the quickest way to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system.’

Full story

The Guardian, 4th January 2017

Source: www.guardian.co.uk

Almshouses, tenancies and Article 14 – Nearly Legal

Posted January 4th, 2017 in appeals, charities, human rights, landlord & tenant, news by tracey

‘This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to the Street v Mountford mantra that exclusive possession for a fixed term at a rent = tenancy.’

Full story

Nearly Legal, 29th December 2016

Source: www.nearlylegal.co.uk

Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

Full story

Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

Sanctity of life v personal autonomy: Court of Protection – UK Human Rights Blog

Posted January 4th, 2017 in consent, Court of Protection, married persons, medical treatment, news by tracey

‘Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016). Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection judgement is a clear indication that judges – or some of them – are prepared to favour an individual’s autonomy over the traditional emphasis on the sanctity of life above all else.’

Full story

UK Human Rights Blog, 3rd January 2017

Source: www.ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 4th, 2017 in legislation by tracey

The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016

The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016

The Wales Act 2014 (Commencement No. 1) Order 2016

The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2016

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

The Plant Health (Fees) (England) (Amendment) Regulations 2016

The Consumer Rights (Enforcement and Amendments) Order 2016

Source: www.legislation.gov.uk

Psychoactive substances ban 6 months on: almost 500 arrests and first convictions – Home Office

Posted January 4th, 2017 in drug offences, press releases, prosecutions, statistics by tracey

‘Nearly 500 people have been arrested since the government’s landmark Psychoactive Substances Act came into force 6 months ago.’

Full press release

Home Office, 29th December 2016

Source: www.gov.uk/home-office

BAILII: Recent Decisions

Posted January 4th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Justice v (Staffordshire County Council & Anor [2016] EWCA Civ 1317 (22 December 2016)

Otkritie International Investment Management Ltd & Ors v Jemai [2016] EWCA Civ 1316 (21 December 2016)

Wright v Lewis Silkin LLP [2016] EWCA Civ 1308 (21 December 2016)

G B Housley Ltd v HM Revenue and Customs [2016] EWCA Civ 1299 (21 December 2016)

Squire v Thames Valley Police & Anor (R on the Application of) [2016] EWCA Civ 1315 (21 December 2016)

Actial Farmaceutica LDA v Professor De Simone & Ors [2016] EWCA Civ 1311 (21 December 2016)

Novartis Ag & Ors v Focus Pharmaceuticals UK Ltd & Ors [2016] EWCA Civ 1295 (21 December 2016)

Court of Appeal (Criminal Division)

Lewinson v R [2016] EWCA Crim 1969 (21 December 2016)

Embleton, R v [2016] EWCA Crim 1968 (21 December 2016)

Hurley, R v [2016] EWCA Crim 1901 (20 December 2016)

High Court (Administrative Court)

Cupi v The Government of Albania [2016] EWHC 3288 (Admin) (21 December 2016)

Patel, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2016] EWHC 3354 (Admin) (21 December 2016)

Taylor v Honiton Town Council & Anor [2016] EWHC 3307 (Admin) (21 December 2016)

Miah, R (On the Application Of) v The Independent Police Complaints Commission [2016] EWHC 3310 (Admin) (21 December 2016)

Stryjecki v District Court In Lublin, Poland [2016] EWHC 3309 (Admin) (21 December 2016)

Bhatia v General Medical Council [2016] EWHC 3221 (Admin) (21 December 2016)

Derbyshire County Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2016] EWHC 3355 (Admin) (21 December 2016)

Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) (21 December 2016)

New Dawn Homes Ltd v Secretary of State for Communities and Local Government [2016] EWHC 3314 (Admin) (20 December 2016)

High Court (Chancery Division)

Agents Mutual Ltd v Moginnie James Ltd [2016] EWHC 3384 (Ch) (30 December 2016)

Fujifilm Kyowa Kirin Biologics Co Ltd v Abbvie Biotechnology Ltd [2016] EWHC 3383 (Ch) (29 December 2016)

Haastrup & Anor v Haastrup & Anor [2016] EWHC 3311 (Ch) (21 December 2016)

Glenn v Watson & Ors [2016] EWHC 3346 (Ch) (21 December 2016)

GAS and Electricity Markets Authority v GB Energy Supply Ltd [2016] EWHC 3341 (Ch) (21 December 2016)

Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2016] EWHC 3342 (Ch) (21 December 2016)

First Personnel Services Ltd v Halfords Ltd [2016] EWHC 3220 (Ch) (20 December 2016)

High Court (Commercial Court)

Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2016] EWHC 3340 (Comm) (21 December 2016)

Dexia Crediop SPA v Provincia Di Brescia [2016] EWHC 3261 (Comm) (21 December 2016)

Banque Cantonale De Genève v Sanomi [2016] EWHC 3353 (Comm) (21 December 2016)

Source: www.bailii.org

Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

Unreasonable defendant must face costs consequences – Law Society’s Gazette

Posted January 4th, 2017 in budgets, costs, indemnities, news, proportionality by tracey

‘The High Court has sent another warning message to litigants that they should expect to face costs penalties for unreasonable conduct. In Barkhuysen v Hamilton, published just before Christmas, Mr Justice Warby said the claimant was entitled to more than budgeted costs due to how the case was handled.’

Full story

Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

Making newspapers pay legal costs for libel cases even if they win is ’eminently fair’, says Max Mosley – The Independent

Posted January 4th, 2017 in costs, defamation, media, news by tracey

‘Proposals which could see newspapers forced to pay their opponents’ legal costs even if they win in court are “eminently fair”, according to Max Mosley.’

Full story

The Independent, 3rd January 2017

Source; www.independent.co.uk

Jailed marine Alexander Blackman’s defence team ‘fell below standard required’, official report concludes – Daily Telegraph

Posted January 4th, 2017 in armed forces, legal representation, miscarriage of justice, murder, news by tracey

‘The legal team tasked with defending a Royal Marine accused of murdering a wounded Taliban fighter were responsible for a litany of failings that rendered his subsequent conviction unsafe, the body that investigates potential miscarriages of justice has found.’

Full story

Daily Telegraph, 3rd January 2017

Source: www.telegraph.co.uk

Terror suspect ‘linked to Osama Bin Laden’ wins battle with Home Office to stay in UK – The Independent

Posted January 4th, 2017 in deportation, disabled persons, news, terrorism by tracey

‘A disabled terror suspect previously linked to Osama Bin Laden has won a 21-year legal battle to remain in the UK.
The wheelchair-bound Algerian man, known only as “G”, has been fighting Home Office deportation efforts for over two decades despite being accused of helping enlist young Muslims to extremist training camps abroad.’

Full story

The Independent, 3rd January 2017

Source: www.independent.co.uk