Shorter trials scheme case keeps costs under control – Litigation Futures

Posted July 11th, 2017 in costs, disclosure, news, pilot schemes, trials by sally

‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’

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Litigation Futures, 11th July 2017

Source: www.litigationfutures.com

Court of Appeal QOCS decision provides claimant insurers comfort, says expert – OUT-LAW.com

Posted July 11th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

The Grenfell Tower inquiry: is Moore-Bick the fact-finder for the job? – Legal Futures

Posted July 11th, 2017 in evidence, fire, judges, news by sally

‘If you write a blog on civil procedure, it is not hard to steer a course away from the issues of the day.

However, there is one issue of the day that is hard to ignore. The criticisms of the appointment of Sir Martin Moore-Bick to chair the inquiry into the Grenfell Tower disaster.’

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Legal Futures, 11th July 2017

Source: www.legalfutures.co.uk

Big pharma sues drugs watchdog over medicines price cap – Daily Telegraph

Posted July 11th, 2017 in competition, health, medicines, news by sally

‘British pharmaceutical companies are suing the NHS’s drugs watchdog in an effort to prevent drug rationing.’

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Daily Telegraph, 10th July 2017

Source: www.telegraph.co.uk

Matthew Taylor report: Government should look at reducing the cost of employment tribunal fees – The Independent

‘Government officials should look at reducing the cost of employment tribunal fees, according to Matthew Taylor, who today publishes a long-awaited review into employment rights of workers in the gig economy.’

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The Independent, 11th July 2017

Source: www.independent.co.uk

Golf firm boss jailed for manslaughter over ball collector’s lake death – The Guardian

‘A golf company director has been jailed over the manslaughter of a man with learning difficulties who drowned as he dived for lost balls in a cold, murky course lake.’

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The Guardian, 10th July 2017

Source: www.theguardian.com

Summary Judgment – You Can’t Just Hope for the Best; Dodd v Raebarn Estates Ltd and Others [2017] EWCA CIV 439 – Zenith PI Blog

Posted July 11th, 2017 in appeals, news, personal injuries, summary judgments by sally

‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’

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Zenith PI Blog, 10th July 2017

Source: zenithpi.wordpress.com

Charity issues guidance on publication of judgments about family matters – Local Government Lawyer

Posted July 11th, 2017 in family courts, judgments, law centres, news by sally

‘The Transparency Project has published a new guide designed to help parties in the family justice system “navigate the complicated issue of publishing judgments about private family matters”.’

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Local Government Lawyer, 10th July 2017

Source: www.localgovernmentlawyer.co.uk

Court lifts ban on naming faith school in segregation case – The Guardian

Posted July 11th, 2017 in disclosure, Islam, news, sex discrimination by sally

‘A state-funded Muslim faith school in Birmingham at the centre of a legal battle over its policy of gender segregation in the classroom has been named ahead of the start of a court of appeal hearing on the legality of its approach.’

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The Guardian, 10th July 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2017 in legislation by Verity

The Tribunal Procedure (Amendment) Rules 2017

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2017

The Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) (Amendment) Regulations 2017

The Loans for Mortgage Interest Regulations 2017

The Offshore Installations (Safety Zones) (No. 3) Order 2017

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017

The Policing and Crime Act 2017 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2017

Source: www.legislation.gov.uk

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

BAILII: Recent Decisions

Posted July 10th, 2017 in law reports by sally

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Commercial Court)

High Court (Family Division)

Source: www.bailii.org

Why We Should Oppose Gender Identity Fraud Prosecutions – Legal Voice

‘Following the conviction of Gayle Newland for tricking a female friend into having sex by pretending to be a man, Alex Sharpe looks at why such prosecutions are wrong.’

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Legal Voice, 10th July 2017

Source: www.legalvoice.org.uk

Cardiff imam jailed for 13 years for abusing girls at Qur’an lessons – The Guardian

‘An imam who sexually touched four young girls during Qur’an lessons at a mosque has been jailed for 13 years.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

UK arms sales to Saudi Arabia ruled lawful – BBC News

Posted July 10th, 2017 in evidence, export controls, news, Saudi Arabia, war, weapons by sally

‘UK government arms sales to Saudi Arabia are lawful, the High Court has ruled, after seeing secret evidence.’

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BBC News, 10th July 2017

Source: www.bbc.co.uk

Grenfell Tower inquiry aims for first public hearings in September – The Guardian

Posted July 10th, 2017 in housing, inquiries, judges, local government, London, news by sally

‘The Grenfell Tower fire inquiry hopes to hold its first public hearings into the cause of the disaster in September as it prepares to seize council planning archives.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Spending on Online Court “should be halted”, says leading academic – Legal Futures

Posted July 10th, 2017 in courts, dispute resolution, internet, news by sally

‘No further public money should be spent on the Online Court until the performance of the newly-expanded online tribunal in British Columbia – which went live for small claims last month – has been assessed, according to veteran justice campaigner Professor Roger Smith.’

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Legal Futures, 7th July 2017

Source: www.legalfutures.co.uk

RSPCA seeks new powers to seize ‘suffering’ animals – BBC News

Posted July 10th, 2017 in animals, charities, news, powers of entry, warrants by sally

‘The RSPCA is seeking new powers in England and Wales to search some private property, including sheds and gardens, without a police warrant.’

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BBC News, 8th July 2017

Source: www.bbc.co.uk