Recent Statutory Instruments – legislation.gov.uk

Posted April 20th, 2017 in legislation by Verity

The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017

The British Nationality (Maldives) Order 2017

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2017

The Civil Courts (Amendment) Order 2017

Source: www.legislation.gov.uk

Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

Full story

Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

Full story

OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

Full story

Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

Full story

UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

Full story

Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

SRA attacks “disproportionate and unnecessary” money laundering regulations – Legal Futures

‘New anti-money laundering (AML) regulations planned by the Treasury would impose “disproportionate and unnecessary” burdens on law firms, the Solicitors Regulation Authority (SRA) has warned.’

Full story

Legal Futures, 20th April 2017

Source: www.legalfutures.co.uk

Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

Full story

The Guardian, 19th April 2017

Source: www.guardian.co.uk

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

Full story

Free Movement, 18th April 2017

Source: www.freemovement.org.uk

Gina Miller to launch tactical voting initiative against hard Brexit – The Guardian

Posted April 20th, 2017 in EC law, elections, news, parliament, political parties, treaties by sally

‘Gina Miller, the pro-EU campaigner behind a successful court challenge over article 50, is planning to launch a tactical voting initiative to support election candidates opposed to hard Brexit.’

Full story

The Guardian, 19th April 2017

Source: www.guardian.co.uk

Paid McKenzie Friends “play on uncertainty and victimhood” of separating fathers – Legal Futures

‘‘Professional’ paid McKenzie Friends associated with fathers’ rights groups (FRGs) play on their “uncertainty and sense of victimhood” to attract business, academic research has found, saying that there needed to be a code of conduct and a greater role for law school clinics in their place.’

Full story

Legal Futures, 20th April 2017

Source: www.legalfutures.co.uk

When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

Full story

Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

Child victims of sexual abuse in families let down by system: report – The Guardian

‘Child victims of sexual abuse within families are being let down by the system, the children’s commissioner for England has said.’

Full story

The Guardian, 20th April 2017

Source: www.guardian.co.uk

FCA to review investment platform market – OUT-LAW.com

Posted April 20th, 2017 in banking, competition, consumer protection, financial regulation, news, reports by sally

‘The Financial Conduct Authority (FCA) will carry out an investment platforms market study in the coming year, it has announced.’

Full story

OUT-LAW.com, 20th April 2017

Source: www.out-law.com

Taxi driver convicted of assaulting council parking attendant and colleague – Local Government Lawyer

Posted April 20th, 2017 in assault, community service, compensation, news, parking, sentencing, taxis by sally

‘A licensed taxi driver has been convicted of assaulting two members of a council’s parking team and given a community order requiring him to carry out 60 hours of unpaid work.’

Full story

Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Prisons violence is ‘out of control’, report warns – BBC News

Posted April 20th, 2017 in news, prison officers, prisons, reports, violence by sally

‘Violence is “spiralling out of control” in UK prisons and incidents are being under-reported, according to a European watchdog.’

Full story

BBC News, 19th April 2017

Source: www.bbc.co.uk

Judge alarmed about lack of lawyer as he jails woman for begging – The Guardian

‘A judge who sentenced a “fragile and vulnerable” woman to five-and-a-half months in jail for begging has expressed alarm that no lawyer could be found to represent her because of problems over legal aid.’

Full story

The Guardian, 20th April 2017

Source: www.guardian.co.uk