Recent Statutory Instruments – legislation.gov.uk

Posted May 11th, 2017 in legislation by Verity

The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2017

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2017

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2017

Source: www.legislation.gov.uk

Supreme and Strasbourg Courts square off on Art. 6 and housing – UK Human Rights Blog

Posted May 11th, 2017 in homelessness, housing, human rights, local government, mental health, news by tracey

‘Poshteh v Royal Borough of Kensington & Chelsea S [2017] UKSC 36, 10 May 2017. For the last 15 years, whether the right of the homeless to suitable council accommodation is an Art.6(1) ECHR civil right has been argued over in the courts. And the question arose again in today’s judgment of the Supreme Court.’

Full story

UK Human Rights Blog, 10th May 2017

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted May 11th, 2017 in law reports by tracey

Supreme Court

Gard Marine and Energy Ltd & Anor v China National Chartering Company Ltd & Anor [2017] UKSC 35 (10 May 2017)

Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 (10 May 2017)

Suffolk Coastal District Council v Hopkins Homes Ltd & Anor [2017] UKSC 37 (10 May 2017)

Court of Appeal (Civil Division)

Clegg v The Estate & Personal Representatives of Andrew Gregory Pache & Ors [2017] EWCA Civ 256 (11 May 2017)

OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 (10 May 2017)

Amirteymour v The Secretary of State for the Home Department [2017] EWCA Civ 353 (10 May 2017)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2017] EWCA Civ 335 (10 May 2017)

Orientfield Holdings Ltd v Bird & Bird LLP [2017] EWCA Civ 348 (09 May 2017)

LC (Albania) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 351 (09 May 2017)

High Court (Administrative Court)

Vrang v Revenue And Customs [2017] EWHC 1055 (Admin) (09 May 2017)

Moulton Parish Council & Anor v Secretary of State for Communities and Local Government [2017] EWHC 1047 (Admin) (09 May 2017)

EL, R (On the Application Of) v Essex County Council [2017] EWHC 1041 (Admin) (08 May 2017)

High Court (Commercial Court)

Baturina v Chistyakov [2017] EWHC 1049 (Comm) (10 May 2017)

High Court (Family Division)

B v B (Maintenance Regulation -Stay) [2017] EWHC 1029 (Fam) (09 May 2017)

High Court (Queen’s Bench Division)

Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB) (08 May 2017)

Source: www.bailii.org

Council “did not have power to prosecute alleged legal aid fraud”: Court of Appeal – Local Government Lawyer

‘Thurrock Council did not have power to bring prosecution proceedings on behalf of the Legal Aid Agency in relation to an alleged legal aid fraud, the Court of Appeal has ruled.’

Full story

Local Government Lawyer, 9th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court backs decision of reviewing officer over accommodation offer – Local Government Lawyer

‘The Supreme Court has upheld a reviewing officer’s decision that it was reasonable for a refugee to accept an offer of accommodation which she claimed reminded her of prison in Iran.’

Full story

Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

High Court rejects litigation privilege claim in test case – Litigation Futures

Posted May 11th, 2017 in civil justice, crime, disclosure, documents, fraud, news, privilege, prosecutions, trials by tracey

‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’

Full story

Litigation Futures, 10th May 2017

Source: www.litigationfutures.com

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

Full story

Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

CPS statement on election expenses – Crown Prosecution Service

‘Nick Vamos, CPS Head of Special Crime, said: “We have considered files of evidence from 14 police forces in respect of allegations relating to Conservative Party candidates’ expenditure during the 2015 General Election campaign.”‘

Full press release

Crown Prosecution Service, 10th May 2017

Source: www.cps.gov.uk

Supreme Court denies councils’ appeals in housing policy case – Law Society’s Gazette

Posted May 11th, 2017 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’

Full story

Law Society’s Gazette, 11th May 2017

Source: www.lawgazette.co.uk

Tainted blood scandal victim’s son to sue amid cover-up allegations – The Independent

‘A family member of a victim of the “biggest treatment disaster in the history of the NHS” plans to launch a landmark legal case amid allegations of a Government cover-up.’

Full story

The Independent, 10th May 2017

Source: www.independent.co.uk

Number of suspected slavery victims in London expected to leap by 60% – The Guardian

Posted May 11th, 2017 in human rights, London, news, police, statistics, victims by tracey

‘The head of the Metropolitan police’s anti-slavery unit has said the number of suspected victims in London is expected to leap by 60% this year, as campaigners warn that people are being left open to repeated abuse because of a failure to protect them.’

Full story

The Guardian, 10th May 2017

Source: www.guardian.co.uk

Driver jailed for three years for ramming car into cyclist who confronted her for using mobile phone at the wheel – The Independent

‘A motorist who ploughed into a cyclist with her car after he challenged her for using a mobile phone while driving has been jailed for three years.’

Full story

The Independent, 11th May 2017

Source: www.independent.co.uk

Nuisance call firm Keurboom hit with record fine – BBC News

Posted May 11th, 2017 in advertising, complaints, fines, news, nuisance, privacy, telecommunications by tracey

‘A cold-calling firm has been fined a record £400,000 by the Information Commissioner’s Office (ICO) for making almost 100 million nuisance calls.’

Full story

BBC News, 11th May 2017

Source: www.bbc.co.uk

Tory election spending: CPS announces it will not charge Conservative candidates amid campaign spending allegations – The Independent

Posted May 11th, 2017 in elections, evidence, expenses, news, political parties, prosecutions by tracey

‘The Crown Prosecution Service has announced it will make no charges against Conservative candidates who were alleged to have broken election spending rules.’

Full story

The Independent, 10th May 2017

Source: www.independent.co.uk