‘Compensation for victims’ as FCA secures £2.2m confiscation orders, says expert – OUT-LAW.com

Posted May 30th, 2017 in compensation, confiscation, financial regulation, news by sally

‘Victims of a failed unauthorised collective investment scheme (UCIS) can expect to receive about 40% of their investment back after the regulator secured two final confiscation orders from some of the major players in the scheme.’

Full Story

OUT-LAW.com, 26th May 2017

Source: www.out-law.com

Court of Appeal confirms right of Gambling Commission to veto gambling in pubs – OUT-LAW.com

Posted May 30th, 2017 in appeals, gambling, licensing, news, veto by sally

‘The Gambling Commission in Britain can prevent pubs from providing gambling services to consumers even if those pubs satisfy the criteria necessary for obtaining an operating licence, the Court of Appeal in London has confirmed.’

Full Story

OUT-LAW.com, 26th May 2017

Source: www.out-law.com

Publishers call for rethink of proposed changes to online privacy laws – The Guardian

Posted May 30th, 2017 in advertising, internet, news, privacy, publishing by sally

‘An alliance of news publishers has called on European regulators to rethink proposed changes to online privacy laws, arguing that they will potentially kill their digital businesses and give Google, Apple and Facebook too much control of advertising and personal data.’

Full Story

The Guardian, 29th May 2017

Source: www.theguardian.com

Claimant lawyers cast significant doubt over government’s plan to reform injured baby cases – Litigation Futures

Posted May 30th, 2017 in birth, children, compensation, news, personal injuries by sally

‘Claimant lawyers have strongly criticised government plans for a new administrative compensation scheme for birth injury claims, with the Association of Personal Injury Lawyers saying that families would “be held hostage” under it.’

Full Story

Litigation Futures, 30th May 2017

Source: www.litigationfutures.com

Ex-altar boy locked up for 15 years for planting home-made bomb on Tube train – Daily Telegraph

Posted May 30th, 2017 in explosives, news, sentencing, young offenders by sally

‘A former altar boy has been jailed for 15 years for planting a home-made bomb on a busy Tube train.’

Full Story

Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

Leading female lawyers among cadre of new deputy High Court judges – Litigation Futures

‘Twenty one new deputy High Court judges were appointed yesterday, of whom a third were women – among them a senior government solicitor, the vice-chair of the Bar Standards Board (BSB) and an academic.’

Full Story

Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Law Society “abused dominant position” with CQS training monopoly, competition tribunal rules – Legal Futures

‘The Law Society abused its dominant position by requiring over 3,000 law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation, the Competition Appeal Tribunal (CAT) has ruled.’

Full Story

Legal Futures, 26th May 2017

Source: www.legalfutures.co.uk

Judge catches ‘disability discrimination’ couple speeding on their mobility scooters – Daily Telegraph

Posted May 30th, 2017 in disability discrimination, disabled persons, energy, news, warrants by sally

‘A sharp-eyed judge rumbled a couple who claimed they were victims of disability benefit when he caught them speeding on their mobility scooters during a court break.’

Full Story

Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

200 drivers a day caught using phones on UK roads after crackdown – The Guardian

Posted May 30th, 2017 in news, road traffic, statistics, telecommunications by sally

‘More than 200 drivers a day were caught using their mobile phones illegally in the wake of a crackdown on the practice.’

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The Guardian, 29th May 2017

Source: www.theguardian.com

Castlemorton Common: The rave that changed the law – BBC News

Posted May 30th, 2017 in news, public order, travellers by sally

‘On a hot bank holiday weekend 25 years ago, 20,000 people descended on land in the shadow of the Malvern Hills. The word was spread by an answering machine message: “Right, listen up revellers. It’s happening now and for the rest of the weekend, so get yourself out of the house and on to Castlemorton Common… Be there, all weekend, hardcore.”‘

Full Story

BBC News, 28th May 2017

Source: www.bbc.co.uk

Striking teachers – Education Blog

Posted May 30th, 2017 in appeals, industrial action, news, remuneration, Supreme Court, teachers by sally

‘Teachers at a sixth form college participate in a full day of lawful strike action. The collective agreement (the Red Book) incorporated into their individual contracts of employment provides that in such a situation their employer can withhold their pay. But how much can the deductions be? That was the issue in Hartley v King Edward VI College (2017) UKSC 39. The employer had made the deductions at a rate of 1/260 of their annual pay. That was based on the number of weekdays in a calendar year. That was wrong say the Supreme Court. The employer was entitled to make deductions only at a rate of 1/365 of their annual salary. This is the effect of the Apportionment Act 1870 (“the Act”). This provides for accrual from day to day: Section 2.’

Full Story

Education Blog, 24th May 2017

Source: education11kbw.com

Mother asks court to permit doctors to cease care for ill daughter – The Guardian

Posted May 30th, 2017 in Court of Protection, euthanasia, families, medical treatment, news by sally

‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’

Full Story

The Guardian, 29th May 2017

Source: www.theguardian.com

Service charge disputes and recovery of costs – Nearly Legal

Posted May 30th, 2017 in costs, landlord & tenant, news, service charges, tribunals by sally

‘This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to a Qualifying Long Term Agreement, because the more general point concerned the landlord having put some £11,000 of legal costs on the drawn out service charge disputes through on the service charge (not, we should note, as an administrative charge).’

Full Story

Nearly Legal, 28th May 2017

Source: nearlylegal.co.uk

People who violently attack children to get longer jail terms, Theresa May pledges – Daily Telegraph

‘People who violently attack children will get longer jail terms under a Tory Government, Theresa May will announce today as part a major crackdown.’

Full Story

Daily Telegraph, 28th May 2017

Source: www.telegraph.co.uk

Six men drop Lord Janner compensation claims – BBC News

Posted May 30th, 2017 in civil justice, compensation, inquiries, news, sexual offences by sally

‘Six men who accused the late Lord Janner of child sexual abuse have discontinued a legal case aimed at winning damages from his estate.’

Full Story

BBC News, 28th May 2017

Source: www.bbc.co.uk

Charities say ‘gag law’ stops them speaking out on Tory social care plans – The Guardian

‘Charities have been silenced from speaking out about the Conservative social care plans despite believing they will be hugely damaging to elderly and disabled people across the country, it has been claimed.’

Full Story

The Guardian, 29th May 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2017 in legislation by Verity

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Source: www.legislation.gov.uk

Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

Full story

Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

BAILII: Recent Decisions

Posted May 26th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Commercial Court)

Watson & Ors v watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Source: www.bailii.org

High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by tracey

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’

Full story

Local Government Lawyer, 25th May 2017

Source: www.localgovernmentlawyer.co.uk