Article 50 triggered today: The key points, reaction and analysis – Daily Telegraph

Posted March 29th, 2017 in brexit, EC law, news, notification, referendums, treaties by sally

‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’

Full story

Daily Telegraph, 29th March 2017


Model for online court “will begin to hear small claims from 1 June” – Legal Futures

Posted March 29th, 2017 in electronic filing, news, small claims by sally

‘The pioneering digital tribunal thought to be the model for England and Wales’s online court (OC) will begin resolving small claims disputes worth under about £3,000 on 1 June, it has emerged.

Full story

Legal Futures, 29th March 2017


‘Hillsborough law’ could imprison police officers who are not truthful – The Guardian

Posted March 29th, 2017 in health & safety, inquests, news, police, statutory duty by sally

‘A proposed “Hillsborough law” requiring police forces and public authorities to be open and truthful in legal proceedings, including about their own failures, and that would give bereaved families the same resources as the police to make their case at future inquests is to be presented to parliament.’

Full story

The Guardian, 29th March 2017


RSPCA reports rise in animal cruelty claims but fall in convictions – BBC News

Posted March 29th, 2017 in animal cruelty, news, statistics by sally

‘The RSPCA investigated more than 400 allegations of animal cruelty per day last year – a rise of nearly 5% compared to the previous 12 months.’

Full story

BBC News, 29th March 2017


UK government can force encryption removal, but fears losing, experts say – The Guardian

Posted March 29th, 2017 in encryption, investigatory powers, news, terrorism by sally

‘The government already has the power to force technology firms to act as it wants over end-to-end encryption, but is avoiding using existing legislation as it would force it into a battle it would eventually lose, security experts have said.’

Full story

The Guardian, 29th March 2017


Attorney general urged to review release of man who beat wife with cricket bat – The Guardian

Posted March 28th, 2017 in assault, attorney general, domestic violence, judges, news, sentencing by sally

‘The attorney general has been urged to examine the sentencing remarks of a judge who freed a man guilty of domestic abuse because he did not believe the victim was vulnerable.’

Full story

The Guardian, 27th March 2017


Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017


Changes to insurance industry reducing work for their lawyers, research claims – Litigation Futures

Posted March 28th, 2017 in insurance, law firms, news, reports by sally

‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’

Full story

Litigation Futures, 27th March 2017


Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

Full story

Local Government Lawyer, 27th March 2017


Prisons watchdog condemns lack of action on rising female suicides – The Guardian

Posted March 28th, 2017 in mental health, news, prisons, suicide, women by sally

‘The prisons and probation ombudsman has hit out at a “lack of concerted and sustained action” following a rise in the number of suicides among female prisoners.’

Full story

The Guardian, 28th March 2017


McKenzie Friend Marketplace to ban “active” students from giving legal advice in wake of criticism – Legal Futures

‘The McKenzie Friend Marketplace (MFM), which hopes to help hundreds of law students find paid work offering legal services, has responded to criticism from practitioners by announcing that it will ban active students from providing legal advice – although they will be able to give clients other types of support.’

Full story

Legal Futures, 28th March 2017


Supreme Court backs regulator in investment bank management identification case –

Posted March 28th, 2017 in appeals, banking, financial regulation, fines, news, notification by sally

‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’

Full story, 27th March 2017


Floating rights – Nearly Legal

Posted March 28th, 2017 in appeals, canals, disabled persons, housing, human rights, news by sally

‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’

Full story

Nearly Legal, 26th March 2017


Marine A to be resentenced over fatal shooting of Taliban fighter – Daily Telegraph

‘Royal Marine who is in prison for the fatal shooting of a Taliban fighter in Afghanistan finds out today if he is to be freed or must serve more time behind bars.’

Full story

Daily Telegraph, 28th March 2017


Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

Full story

The Guardian, 28th March 2017


Tesco fined £129m for overstating profits – BBC News

‘Tesco has agreed to pay a fine of £129m to avoid prosecution for overstating its profits in 2014.’

Full story

BBC News, 28th March 2017


Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

Full story

The Guardian, 28th March 2017


£1,200 cost for unfair dismissal claims is challenged in UK’s highest court – The Guardian

‘Steep rises in fees for bringing unfair dismissal claims at employment tribunals – which have led to a 70% fall in the number of cases – are to be challenged at the UK’s highest court.’

Full story

The Guardian, 27th march 2017


Former Adams family gang boss loses cash case appeal – BBC News

Posted March 27th, 2017 in appeals, certificates of inadequacy, confiscation, disclosure, gangs, London, news by tracey

‘Former gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’

Full story

BBC News, 27th March 2017


BAILII: Recent Decisions

Posted March 27th, 2017 in law reports by tracey

Supreme Court

N v ACCG & Ors [2017] UKSC 22 (22 March 2017)

AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 (22 March 2017)

BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel) (Rev 1) [2017] UKSC 21 (22 March 2017)

Gordon v Scottish Criminal Cases Review Commission (Scotland) [2017] UKSC 20 (22 March 2017)

Financial Conduct Authority v Macris [2017] UKSC 19 (22 March 2017)

Court of Appeal (Civil Division)

Paton v Rosesilver Group Corp [2017] EWCA Civ 158 (24 March 2017)

Owens v Owens [2017] EWCA Civ 182 (24 March 2017)

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 (24 March 2017)

Harrod & Ors v Chief Constable of West Midlands Police & Ors [2017] EWCA Civ 191 (24 March 2017)

Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181 (23 March 2017)

Ilkerler Otomotiv & Anor v Perkins Engines Company Ltd [2017] EWCA Civ 183 (23 March 2017)

Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 (23 March 2017)

Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 (23 March 2017)

London Borough of Islington v Dyer [2017] EWCA Civ 150 (22 March 2017)

Dove v London Borough of Havering [2017] EWCA Civ 156 (22 March 2017)

AM (Pakistan) & Ors v Secretary of State for the Home Department [2017] EWCA Civ 180 (22 March 2017)

Clutterbuck & Anor v Cleghorn (As Judicial Factor To the Estate of Nichol) [2017] EWCA Civ 137 (21 March 2017)

Synthon BV v Teva Pharmaceutical Industries Ltd [2017] EWCA Civ 148 (21 March 2017)

Takhar v Gracefield Developments Ltd & Ors [2017] EWCA Civ 147 (21 March 2017)

Court of Appeal (Criminal Division)

Johnson v R (Rev 1) [2017] EWCA Crim 191 (16 March 2017)

High Court (Administrative Court)

Botan, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 550 (Admin) (24 March 2017)

Haigh v Westminster Magistrates’ Court (Costs) [2017] EWHC 559 (Admin) (22 March 2017)

BS v Court of First Instance Brussels (Belgium) [2017] EWHC 571 (Admin) (22 March 2017)

The Environment Agency v Barrass & Ors [2017] EWHC 548 (Admin) (21 March 2017)

Barton v Secretary of State for Communities and Local Government & Anor [2017] EWHC 573 (Admin) (20 March 2017)

High Court (Chancery Division)

Baugniet v Capita Employee Benefits Ltd (t/a Teachers’ Pensions) & Anor [2017] EWHC 501 (Ch) (20 March 2017)

High Court (Commercial Court)

Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC [2017] EWHC 520 (Comm) (23 March 2017)

High Court (Family Division)

HB v A Local Authority & Anor (Wardship – Costs Funding Order) [2017] EWHC 524 (Fam) (21 March 2017)

H (A Child), Re (Interim Care Order : fact finding) [2017] EWHC 518 (Fam) (16 March 2017)

High Court (Patents Court)

Teva UK Ltd & Ors v Merck Sharp & Dohme Corporation [2017] EWHC 539 (Pat) (21 March 2017)

High Court (Queen’s Bench Division)

Richards v Investigatory Powers Tribunal & Ors [2017] EWHC 560 (QB) (24 March 2017)

Sullivan v Guy’s and St Thomas’ NHS Foundation Trust [2017] EWHC 602 (QB) (24 March 2017)

Lyons v Fox Williams LLP [2017] EWHC 532 (QB) (23 March 2017)

Rahmatullah v Ministry of Defence & Anor [2017] EWHC 547 (QB) (22 March 2017)

Whyatt & Ors v Powell & Anor [2017] EWHC 484 (QB) (17 March 2017)

Lisle-Mainwaring v Associated Newspapers Ltd & Anor [2017] EWHC 543 (QB) (17 March 2017)

High Court (Technology and Construction Court)

Bombardier Transportation Ltd v Merseytravel [2017] EWHC 575 (TCC) (24 March 2017)