Dead man’s child sexual abuse convictions overturned – BBC News

Posted April 7th, 2017 in appeals, child abuse, news, sexual offences, suicide by tracey

‘Appeal judges have overturned the child sex abuse conviction of a former Sussex boarding school worker who killed himself before the end of his trial.’

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BBC News, 6th April 2017

Source: www.bbc.co.uk

Elim Court RTM v Avon Freeholds Ltd [2014] UKUT 0397 – Tanfield Chambers

Posted April 7th, 2017 in company law, landlord & tenant, leases, news, service by sally

‘In 5 conjoined appeals the Court of Appeal considered whether there had been a failure to comply with the statutory procedural provisions and the consequences thereof.’

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Tanfield Chambers, 27th March 2017

Source: www.tanfieldchambers.co.uk

Justice Secretary Liz Truss ‘could be stripped of Lord Chancellor role’ after series of mishaps – The Independent

‘Cabinet ministers are reportedly urging Theresa May to sack Liz Truss from her role as Lord Chancellor after a series of embarrassing mistakes.’

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The Independent, 6th April 2017

Source: www.independent.co.uk

Shaken Baby Syndrome – Six Pump Court

‘This note is intended to set out how medical opinion in relation to and the Court’s approach to “shaken baby syndrome” have developed.’

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Six Pump Court, 22nd March 2017

Source: www.6pumpcourt.co.uk

BAILII: Recent Decisions

Posted April 7th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 6th, 2017 in legislation by Verity

The Judicial Pensions (Fee-Paid Judges) Regulations 2017

The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017

The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

The Crown Estate Transfer Scheme 2017

The Statutory Auditors and Third Country Auditors Regulations 2017

Source: www.legislation.gov.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

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Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

A Life of Spice – Legal Highs – Six Pump Court

Posted April 6th, 2017 in drug abuse, mental health, murder, news by sally

‘The so called legal high “Spice” has played a role in a number of recent murders.’

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Six Pump Court, 28th March 2017

Source: www.6pumpcourt.co.uk

Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court

Posted April 6th, 2017 in company law, foreign jurisdictions, legislation, news by sally

‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘

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Six Pump Court, 3rd April 2017

Source: www.6pumpcourt.co.uk

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

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Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Court of Appeal Ruling on Inquest Direction – Park Square Barristers

Posted April 6th, 2017 in appeals, inquests, jury directions, news, police, self-defence by sally

‘The applicant was the mother of Mark Duggan who was shot dead by a police officer following the vehicle he was driving being stopped in a planned operation mounted after the receipt of intelligence that he had acquired a firearm intended for criminal use. The applicant was appealing against the dismissal of her application for judicial review of the verdict of lawful killing returning by the jury at the Inquest.’

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Park Square Barristers, 4th April 2017

Source: www.parksquarebarristers.co.uk

Notification Injunctions to Preserve Assets: an overview by Marc Delehanty – Littleton Chambers

Posted April 6th, 2017 in appeals, freezing injunctions, injunctions, news, notification by sally

‘A notification injunction is a variant of a conventional freezing injunction. Broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.’

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Littleton Chambers, 24th March 2017

Source: www.littletonchambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

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New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Jeremy Lewis on NHS Applicant Whistleblowers: wider implications and mis-steps en route – Littleton Chambers

Posted April 6th, 2017 in consultations, disclosure, employment, health, news, regulations, whistleblowers by sally

‘On 20 March 2017 the Government published draft Regulations with a view to providing whistleblowing protection to applicants for NHS employment [1]. A consultation has been launched. Some two years after the publication of the report by Sir Robert Francis QC into whistleblowing in NHS, Freedom to Speak Up, the draft Regulations aim to implement the recommendation that consideration be given to outlawing discrimination against whistleblowers in recruitment by NHS employers. (Legislation giving power to make these regulations – s.49B of the Employment Rights Act 1996 – has been on the statute book since 6 May 2015).’

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Littleton Chambers, 21st March 2017

Source: www.littletonchambers.com

CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers

Posted April 6th, 2017 in appeals, competition, consumer protection, damages, news by sally

‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’

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Blackstone Chambers, 6th April 2017

Source: www.blackstonechambers.com

The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

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Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

New guideline published on sentence reduction for early plea – Henderson Chambers

Posted April 6th, 2017 in consultations, guilty pleas, news, sentencing by sally

‘After lengthy consultation last year the Sentencing Council has published its new guideline on the stages and levels of reduction for a guilty plea.’

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Henderson Chambers, 23rd March 2017

Source: www.hendersonchambers.co.uk

Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

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Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers

Posted April 6th, 2017 in confiscation, enforcement, news by sally

‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’

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Drystone Chambers, 5th April 2017

Source: www.drystone.com

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

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Cloisters, 30th March 2017

Source: www.cloisters.com