“Massive memory test” preventing Bar students from understanding ethical values – Legal Futures

‘Bar students are struggling to understand ethical values because of the “massive memory test” awaiting them in the examination room, a senior lecturer has claimed.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Queen’s Speech confirms that unfair rules on logbook loans are being sent to the scrapheap – Law Commission

Posted June 22nd, 2017 in bills, loans, news, parliament, press releases, repossession by tracey

‘The Law Commission welcomes plans outlined in today’s Queen Speech to close a legal loophole which means buyers of second-hand vehicles are at risk of having them repossessed due to unfair logbook loans.’

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Law Commission, 21st June 2017

Source: www.lawcom.gov.uk

Bar Council cautions over online guilty pleas – The Bar Council

Posted June 22nd, 2017 in barristers, electronic filing, guilty pleas, news, press releases by tracey

‘Using a smartphone to plead guilty to a criminal offence may seem convenient, but the Bar Council has warned that Government plans to roll out online pleas, outlined in today’s Queen’s Speech, risk down-playing potentially serious consequences for defendants.’

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The Bar Council, 21st June 2017

Source: www.barcouncil.org.uk

Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by tracey

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by tracey

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

UK hacker exploits online bank loophole to steal £100,000 – BBC News

Posted June 22nd, 2017 in banking, computer crime, fraud, news, sentencing by tracey

‘A UK hacker has been jailed for stealing almost £100,000 from a bank by exploiting a bug in the bank’s online banking system.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

SFO granted a reprieve from plans to scrap it a day after Barclays charges – Daily Telegraph

Posted June 22nd, 2017 in banking, fraud, news, prosecutions, Serious Fraud Office by tracey

‘The Serious Fraud Office appears to have been granted a reprieve from plans to abolish it in a U-turn that came just a day after the organisation targeted Barclays with the first criminal charges ever brought against a bank over the financial crisis. Controversial proposals in the Conservative manifesto to fold the SFO into the National Crime Agency were quietly dropped from the Queen’s Speech on Wednesday.’

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Daily Telegraph, 21st June 2017

Source: www.telegraph.co.uk

Man and daughter jailed for killing neighbour over burst football – BBC News

Posted June 22nd, 2017 in homicide, news, sentencing by tracey

‘A father and daughter who launched a fatal attack on a neighbour who punctured a child’s football have each been jailed for seven years.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

Queen’s Speech: Chief Inspector of Prisons expresses fury after penal reform dropped from agenda – The Independent

Posted June 22nd, 2017 in bills, news, parliament, prisons by tracey

‘The Chief Inspector of Prisons has expressed fury and disappointment after the Government’s commitment to prison reform, which was given high prominence in 2016, was omitted from the Queen’s Speech.’

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The Independent, 21st June 2017

Source: www.independent.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

In re Nortel Networks UK Ltd and related companies (No 2) – WLR Daily

Posted June 21st, 2017 in administrators, courts, expenses, insolvency, jurisdiction, law reports by sally

In re Nortel Networks UK Ltd and related companies (No 2) [2017] EWHC 1429 (Ch)

‘The applicants, the administrators of companies in the same group, were aware of a number of potential claims, which might if established, qualify as administration expenses (“expense claims”), and thereby rank for payment in priority to the claims of unsecured creditors. Neither the Insolvency Act 1986, nor the Insolvency Rules 1986, nor the Insolvency Rules 2016 provided any express mechanism under which an administrator could require expense claims to be asserted by a specific date, or enable him to refuse to deal with claims asserted after that date in the context of a distribution to unsecured creditors. In the absence of any applicable statutory scheme, the administrators applied to the High Court for directions under paragraph 63 of Schedule B1 to the 1986 Act to implement a scheme informing potential claimants that any expense claims which had not yet been made had to be notified to the administrators on a prescribed form on or before a specified date.’

WLR Daily, 16th June 2017

Source: www.iclr.co.uk

Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Regina (Khan) v Secretary of State for the Home Department [2017] EWCA Civ 424

‘The claimant, a national of Pakistan, had limited leave to remain in the United Kingdom. A few days before the expiry of his leave he applied for an extension of his period of leave. The Secretary of State rejected that application on the grounds that it had not been accompanied by the required fee. Since the claimant had no right of appeal against this rejection, he submitted a renewed application accompanied by the required fee. The Secretary of State refused that application on the merits, informing the claimant that he had no right of appeal against her refusal since his renewed application had been made at a time when he had no leave to remain. The claimant sought judicial review of the Secretary of State’s determination that he had no right of appeal, contending that he had had leave to remain at the time of making his renewed application since his leave had been automatically extended pursuant to section 3C of the Immigration Act 1971 when he made his original application for an extension, and was still continuing. The claimant was granted permission to proceed with his claim, but at the full hearing the Upper Tribunal dismissed the claim on the basis that the claimant had an alternative remedy in the form of an appeal to the First-tier Tribunal.’

WLR Daily, 8th June 2017

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 21st, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Lord Chancellor swearing-in speech: David Lidington – Ministry of Justice

Posted June 21st, 2017 in lord chancellor, Ministry of Justice, news, parliament, speeches by sally

‘Full text of the speech given by the Rt Hon David Lidington at his Lord Chancellor swearing-in ceremony in June 2017.’

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Ministry of Justice, 19th June 2017

Source: www.gov.uk

The UK Jurisdictions After 2019 – Sir Geoffrey Vos, Chancellor of the High Court

The UK Jurisdictions After 2019 (PDF)

Sir Geoffrey Vos, Chancellor of the High Court

Lecture to the Faculty of Advocates, 20th June 2017

Source: www.judiciary.gov.uk

Becoming a barrister remains highly competitive, new report shows – Bar Standards Board

Posted June 21st, 2017 in barristers, legal education, news, statistics by sally

‘The BSB has today published the third annual edition of its statistical information on student performance on the Bar Professional Training Course (BPTC).’

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Bar Standards Board, 19th June 2017

Source: www.barstandardsboard.org.uk

Surrogacy Law / HFEA Update – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy judgments and the latest cases concerning administrative errors relating to consent forms and the HFEA.’

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Family Law Week, 21st June 2017

Source: www.familylawweek.co.uk

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com