Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another – WLR Daily

Posted February 6th, 2017 in civil procedure rules, dismissal, news, solicitors by sally

Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another [2017] EWHC 6 (Comm)

‘The claimants issued a claim form on 26 April 2016, arguably just before the expiry of the relevant limitation periods. As a result of the claimants’ failure immediately to serve the claim form, the defendants’ solicitors gave notice under CPR r 7.7 requiring the claimants to serve or discontinue by Friday, 10 June. On that day, in compliance with CPR r 7.5(1), the claim form was left at the relevant place, namely the defendants’ solicitors, they having been authorised to accept service. The defendants applied for dismissal of the claim pursuant to r 7.7(3) on the ground that there had been neither service nor discontinuance by 10 June, since, by CPR r 6.14, the claim form was deemed to have been served on Tuesday, 14 June, namely the second business day after completion of the relevant step under rule 7.5(1).’

WLR Daily, February 2017

Source: www.iclr.co.uk

Sharp v Leeds City Council – WLR Daily

Sharp v Leeds City Council [2017] EWCA Civ 33

‘The claimant alleged that an accident in which she sustained an injury had been caused by the failure of the local authority to maintain a footpath, in breach of its statutory duty. As the damages alleged were less than £25,000 or less, the claim fell within the purview of the Pre-Action Protocol for Low Value Personal Injury (Employer’s Liability and Public Liability) Claims (“EL/PL Protocol”). The claimant commenced the claims process pursuant to the protocol by loading a claim notification form (“CNF”) via the online Portal process, alleging breach of statutory duty under the Highways Act 1980. The claim subsequently ceased to continue within the EL/PL Protocol and thereafter fell within the Pre-action Protocol for Personal Injury Claims (“the Personal Injury Protocol”), the claimant’s CNF being treated as a letter of claim. As the local authority failed to provide the required pre-action disclosure within the prescribed time pursuant to the Personal Injury Protocol, the claimant made a pre-action disclosure application to the County Court under section 52 of the County Courts Act 1984. The district judge awarded her the costs of the pre-action disclosure application, summarily assessing them on the standard basis at £1,250. He treated the fixed costs regime provided by Section IIIA of CPR Pt 45 as inapplicable to the costs of applications under section 52 in respect of claims which had started, but no longer continued, under the EL/PL Protocol. However, on appeal, a different judge concluded that the fixed costs regime did apply, and the costs payable were reduced to £305.’

WLR Daily, February 2017

Source: www.iclr.co.uk

Official Secrets Acts reviewed to meet the challenges of the 21st Century – Law Commission

‘The Officials Secret Acts are being independently reviewed to ensure that the law is keeping pace with the challenges of the 21st century.’

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Law Commission, 2nd February 2017

Source: www.lawcom.gov.uk

Society challenges government’s ‘concern’ for road accident victims – Law Society’s Gazette

‘Plans to increase the small claims limit will create difficulties for road accident victims, the Law Society has warned, as the government begins considering more than 9,000 responses to its proposals for tougher punishment for dangerous drivers.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

Claims of child-on-child sexual offences soar in England and Wales – The Guardian

‘Allegations of children committing sexual offences against other children have risen 78% in England and Wales in four years, prompting renewed calls for compulsory education on sexual consent and healthy relationships.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

Lawyer behind petition calling for cancelling Donald Trump’s UK state visit could be disciplined by CPS – The Independent

‘The lawyer who started a petition calling on the UK Government to cancel Donald Trump’s planned state visit could be disciplined by the Crown Prosecution Service.’

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The Independent, 6th February 2017

Source: www.independent.co.uk

Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

In the cross-fire – New Law Journal

Posted February 6th, 2017 in news by sally

‘Where now for domestic violence in family proceedings, asks David Burrows.’

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New Law Journal, 3rd February 2017

Source: www.newlawjournal.co.uk

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal legal event. Populist law. If many people say a legally incorrect thing many times, it may come to be treated as if it were correct. Alternative law.’

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UK Constitutional Law Association, 2nd February 2017

Source: www.ukconstitutionallaw.org

IP Enterprise Court still attractive despite alternatives – presiding judge – Law Society’s Gazette

Posted February 6th, 2017 in courts, intellectual property, judges, news, patents, pilot schemes, trials by sally

‘The presiding judge at the UK’s Intellectual Property Enterprise Court has said the court still serves a purpose despite the growing availability of flexible trials elsewhere.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

Councils rejecting parking appeals ‘out of hand’ without reading them – watchdog report – Daily Telegraph

Posted February 6th, 2017 in appeals, fines, local government, news, ombudsmen, parking, reports by sally

‘Cash-hungry councils are “all too often” rejecting out of hand drivers’ challenges to parking fines without even bothering to read them, according to a watchdog report.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

AI revolution could hit access to justice for people on low incomes – Legal Futures

‘Artificial intelligence (AI) could have a knock-on impact on legal services for poorer people, such as weakening pro bono assistance by cutting the number of commercial lawyers, according to a report by Professor Roger Smith.’

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Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk

Costs judge says no: paparazzi lose bid to recover additional liabilities from TV star Walliams – Litigation Futures

Posted February 6th, 2017 in costs, harassment, judges, news, photography, publishing by sally

‘A picture agency which sent photographers to David Walliams’ house when news of his divorce broke is not a news publisher and so cannot recover additional liabilities following the settlement of an action brought by the entertainer, the Senior Costs Judge has ruled.’

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Litigation Futures, 3rd February 2017

Source: www.litigationfutures.com

One female genital mutilation case reported every hour in the UK – The Independent

Posted February 6th, 2017 in children, female genital mutilation, health, news, statistics, women by sally

‘A case of female genital mutilation (FGM) is either discovered or treated at a medical appointment in England every hour, according to analysis of NHS statistics by a charity.’

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The Independent, 6th February 2017

Source: www.independent.co.uk

Reasonable costs of Improvements – Nearly Legal

‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’

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Nearly Legal, 5th February 2017

Source: www.nearlylegal.co.uk

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

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The Guardian, 4th February 2017

Source: www.guardian.co.uk

Ex-Sheffield City Council boss Roger Dodds jailed for sex abuse – BBC News

Posted February 6th, 2017 in local government, news, sentencing, sexual offences, young persons by sally

‘An ex-council boss who forced teenagers to engage in sex acts to get grant payments has been jailed for 16 years.’

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BBC News, 3rd February 2017

Source: www.bbc.co.uk

UK must remain under EU law during Brexit transition, diplomats say – The Guardian

Posted February 6th, 2017 in courts, diplomats, EC law, markets, news, referendums by sally

‘EU diplomats have warned the Foreign Office that the UK will not be able to leave the jurisdiction of the European court of justice (ECJ) if there is to be a transition period while details of Brexit are negotiated.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

Criminals fleeing British justice can no longer use Cyprus as a safe haven, judges rule, in landmark decision – Daily Telegraph

‘Fugitives from British justice cannot use Northern Cyprus to dodge punishment for their crimes, High Court judges have ruled in a landmark decision.’

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Daily Telegraph, 3rd February 2017

Source: www.telegraph.co.uk

UK police accused of ignoring claims about abuse by prison staff – The Guardian

‘At least 14 former inmates of a detention centre who made allegations of historical sexual and physical abuse against prison officers claim that their complaints were ignored by police.’

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The Guardian, 5th February 2017

Source: www.guardian.co.uk