Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2017 in legislation by tracey

The Individual Savings Account (Amendment No. 2) Regulations 2017

The Serious Crime Act 2015 (Commencement No. 6) Regulations 2017

The Water Supply Licence and Sewerage Licence (Modification of Standard Conditions) Order 2017

The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017

The Town and Country Planning (Brownfield Land Register) Regulations 2017

The Town and Country Planning (Permission in Principle) Order 2017

The Offshore Installations (Safety Zones) (No. 2) Order 2017

The National Minimum Wage (Amendment) Regulations 2017

The Nuclear Industries Security (Amendment) Regulations 2017

The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017

The Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Bar Council issues warning over plan for extended court sittings – Litigation Futures

Posted March 27th, 2017 in barristers, children, courts, diversity, news, pilot schemes, women by tracey

‘Forthcoming plans for courts to start earlier and finish later will disadvantage barristers with children and do not take account of the cab-rank rule, the Bar Council has warned.’

Full story

Litigation Futures, 24th March 2017

Source: www.litigationfutures.com

BSB announces decision on the future of Bar training – Bar Standards board

‘At its Board meeting last night, the Bar Standards Board (BSB) decided that it will authorise a limited number of future training routes for prospective students to qualify as barristers. One of these is likely to be a new training course, which has been proposed by the Council of the Inns of Court (COIC) and the Bar Council. The Board also agreed a Policy Statement setting out its vision for the future of Bar training.’

Full press release

Bar Standards Board, 24th March 2017

Source: www.barstandardsboard.org.uk

Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by tracey

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

Full story

Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

Full story

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

Full story

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

WhatsApp must be accessible to authorities, says Amber Rudd – The Guardian

‘Amber Rudd has called for the police and intelligence agencies to be given access to WhatsApp and other encrypted messaging services to thwart future terror attacks, prompting opposition politicians and civil liberties groups to say her demand was unrealistic and disproportionate.’

Full story

The Guardian, 26th March 2017

Source: www.guardian.co.uk

DPP accuses judge of ‘victim-blaming’ in sex assault cases – The Guardian

Posted March 27th, 2017 in alcohol abuse, Crown Prosecution Service, judges, news, rape, victims by tracey

‘The head of the Crown Prosecution Service has launched a public attack on a sitting judge, accusing him of “victim-blaming” and peddling “discredited rape myths”.’

Full story

The Guardian, 26th March 2017

Source: www.guardian.co.uk

‘Handbags in the cul-de-sac’: Judge accuses neighbours of ‘acting like immature teenagers’ in boundary row – Daily Telegraph

‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’

Full story

Daily Telegraph, 26th March 2017

Source: www.telegraph.co.uk

Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by tracey

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

Full story

The Guardian, 27th March 2017

Source: www.guardian.co.uk

BT fined record £42m for late installations – BBC News

Posted March 27th, 2017 in compensation, delay, fines, news, telecommunications by tracey

‘BT has been hit with a £42m fine from telecoms regulator Ofcom and will also pay £300m to corporate customers for delays in installing high-speed lines.’

Full story

BBC News, 27th March 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 24th, 2017 in legislation by tracey

The National Health Service (Mandate Requirements) Regulations 2017

The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

The Universal Credit (Tenant Incentive Scheme) Amendment Regulations 2017

The Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Revocation) and the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2017

The Immigration (Health Charge) (Amendment) Order 2017

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

The Reporting on Payment Practices and Performance Regulations 2017

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017

The Immigration and Nationality (Fees) (Amendment) Order 2017

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017

The Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

Full story

Litigation Futures, 22nd March 2017

Source: www.litigationfutures.com

Councils struggle to meet duties under Children Act – Local Government Lawyer

Posted March 24th, 2017 in children, local government, news, statutory duty by sally

‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’

Full story

Full report

Local Government Lawyer, March 2017

Source: www.localgovernmentlawyer.co.uk

Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

Full story

Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

Lord Chancellor announces changes to personal injury compensation payments – Litigation Futures

Posted March 24th, 2017 in compensation, news, personal injuries by sally

‘On 27th February, Elizabeth Truss announced her decision to lower the Discount Rate from 2.5% to minus 0.75% in accordance with the law and in her capacity as independent Lord Chancellor.’

Full story

Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com

Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

Full story

UK Constitutional Law Association, 24th March 2017

Source: www.ukconstitutionallaw.org

Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert – OUT-LAW.com

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’

Full story

OUT-LAW.com, 21st March 2017

Source: www.out-law.com

Rendition: government evidence to be heard in secret in UK for first time – The Guardian

Posted March 24th, 2017 in closed material, news, rendition by sally

‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’

Full story

The Guardian, 23rd March 2017

Source: www.guardian.co.uk

Master validates party’s defective delivery of part 36 withdrawal because of new discount rate – Litigation Futures

Posted March 24th, 2017 in news, part 36 offers, personal injuries, service by sally

‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.

Full story

Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com