Recent Statutory Instruments –

Posted August 2nd, 2017 in legislation by Verity

The Payments to the Churches Conservation Trust Order 2017

The Education (Information About Children in Alternative Provision) (England) (Amendment) Regulations 2017

The Health Act 1999 (Commencement No. 17) Order 2017

The Health Service Medical Supplies (Costs) Act 2017 (Commencement No. 1 and Saving Provision) Regulations 2017


Collection of fees in receivables finance agreement must not be “arbitrary, capricious or irrational” says High Court –

Posted August 2nd, 2017 in banking, Cayman Islands, fees, fiduciary duty, indemnities, news, receivers by tracey

‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’

Full Story, 1st august 2017


County council apologises for breach of court order in child protection case – Local Government Lawyer

Posted August 2nd, 2017 in care orders, children, local government, news, social services by tracey

‘Gloucestershire County Council has issued an unreserved apology after it was found to have breached a court order in a child protection case.’

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Local Government Lawyer, 2nd August 2017


London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017


Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 2nd August 2017


Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’

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Home Office, 31st July 2017


Bar Council responds to Lord Justice Jackson’s FRC proposals – The Bar council

Posted August 2nd, 2017 in civil justice, costs, judges, news, press releases, reports by tracey

‘Responding to the publication today of the Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs by Lord Justice Jackson,Chair of the Bar, Andrew Langdon QC, said: “Today’s review by Jackson LJ indicates that he has listened carefully to the views of the legal profession and accepted proposals from the Bar Council and others that multi track cases are so varied in character that they do not lend themselves to any rigid costs matrix, and that cost management is working better than had been supposed.”

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The Bar Council, 31st July 2017


BSB increases efficiency in handling complaints – Bar Standards Board

‘The Bar Standards Board (BSB) has today published its Enforcement Annual Report for 2016-17.’

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Bar Standards Board, 1st August 2017


Judge spearheading late-night courts confronts the critics – Law Society’s Gazette

Posted August 2nd, 2017 in courts, diversity, judges, legal profession, news, pilot schemes by tracey

‘The senior judge in charge of modernising the courts service has hit out at “ill-informed comments” from lawyers and “misunderstandings” about controversial plans to test out-of-hours courts.’

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Law Society's Gazette, 1st August 2017


Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017


BAILII: Recent Decisions

Posted August 2nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Commodities Research Unit International (Holdings) Ltd & Ors v QSP Residual Recoveries LLP [2017] EWCA Civ 1197 (01 August 2017)

MS & Anor v The Secretary of State for the Home Department [2017] EWCA Civ 1190 (31 July 2017)

Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169 (31 July 2017)

Stevensdrake Ltd (t/a Stevensdrake Solicitors) v Hunt [2017] EWCA Civ 1173 (31 July 2017)

BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188 (31 July 2017)

Sharp & Anor, R (On the Application Of) v North Essex Magistrates Court [2017] EWCA Civ 1143 (31 July 2017)

Main & Orsv (Giambrone & Law (a firm) & Ors [2017] EWCA Civ 1193 (31 July 2017)

BAT Caribbean SA & Ors v PHP Tobacco Carib SARL & Ors [2017] EWCA Civ 1131 (31 July 2017)

Mionis v Democratic Press SA & Ors [2017] EWCA Civ 1194 (31 July 2017)

Bradbury v British Broadcasting Corporation [2017] EWCA Civ 1144 (28 July 2017)

Ealing London Borough Council v H & Ors, R (On the Application of) [2017] EWCA Civ 1127 (28 July 2017)

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 (28 July 2017)

Sabbagh v Khoury & Ors [2017] EWCA Civ 1120 (28 July 2017)

Clarise Properties Ltd v Rees & Anor [2017] EWCA Civ 1135 (28 July 2017)

SAE Education Ltd v Revenue And Customs [2017] EWCA Civ 1116 (28 July 2017)

Vining v London Borough of Wandsworth [2017] EWCA Civ 1092 (28 July 2017)

Court of Appeal (Criminal Division)

Smith, R v [2017] EWCA Crim 1174 (31 July 2017)

Rose v R (Rev 1) [2017] EWCA Crim 1168 (31 July 2017)

High Court (Administrative Court)

RT v The Circuit Court in Tarnobrzeg, Poland [2017] EWHC 1978 (Admin) (01 August 2017)

Purcell & Anor v Public Prosecutor of Antwerp & Anor [2017] EWHC 1981 (Admin) (31 July 2017)

Al Rabbat v Westminster Magistrates’ Court [2017] EWHC 1969 (Admin) (31 July 2017)

Bestway National Chemists Ltd (t/a Well Pharmacy), R (On the Application Of) v The Welsh Ministers [2017] EWHC 1983 (Admin) (31 July 2017)

General Medical Council v Theodoropoulos [2017] EWHC 1984 (Admin) (31 July 2017)

Ullah, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1999 (Admin) (31 July 2017)

Muir, R (On the Application Of) v Wandsworth Borough Council [2017] EWHC 1947 (Admin) (28 July 2017)

Hayat v General Medical Council [2017] EWHC 1899 (Admin) (28 July 2017)

Henley-Smith, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 1948 (Admin) (28 July 2017)

River East Supplies Ltd, R (On the Application Of) v Crown Court at Nottingham [2017] EWHC 1942 (Admin) (28 July 2017)

Abid, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 1962 (Admin) (28 July 2017)

Government of Rwanda v Nteziryayo & Ors [2017] EWHC 1912 (Admin) (28 July 2017)

Bruton, R (On the Application Of) v The Secretary of State for Justice [2017] EWHC 1967 (Admin) (28 July 2017)

High Court (Chancery Division)

Neumans LLP v The Law Society (The Solicitors Regulation Authority) [2017] EWHC 2004 (Ch) (31 July 2017)

Inhenagwa v Onyeneho [2017] EWHC 1971 (Ch) (28 July 2017)

Officeserve Technologies Ltd & Anor v Anthony-Mike [2017] EWHC 1920 (Ch) (28 July 2017)

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors [2017] EWHC 1893 (Ch) (26 July 2017)High Court (Family Division)

High Court (Family Division)

Southend Borough Council v CO & Anor [2017] EWHC 1949 (Fam) (28 July 2017)

D (Appeal : Failure of Case Management) [2017] EWHC 1907 (Fam) (24 July 2017)

High Court (Queen’s Bench Division)

JRM v King’’s College Hospital Foundation Trust [2017] EWHC 1913 (QB) (01 August 2017)

Carter-Brown & Ors v Crown Prosecution Service [2017] EWHC 1955 (QB) (31 July 2017)

Jabang v Wadman & Ors [2017] EWHC 1993 (QB) (31 July 2017)

Miyanji v Secretary of State for the Home Department [2017] EWHC 1939 (QB) (28 July 2017)

BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) (28 July 2017)


Serious Fraud Office opens investigation into BAT bribery claims – The Guardian

Posted August 2nd, 2017 in bribery, corruption, news, Serious Fraud Office, whistleblowers by tracey

‘Allegations that British American Tobacco was involved in bribery and corruption in Africa are being investigated by the Serious Fraud Office, despite the cigarette company’s attempts to downplay the significance of a whistleblower who handed over a dossier of evidence.’

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The Guardian, 1st August 2017


Mother who stamped toddler daughter to death has sentence for murder reduced by five years – The Independent

Posted August 2nd, 2017 in appeals, child cruelty, murder, news, sentencing by tracey

‘A mother who stamped her toddler daughter to death has had her minimum sentence reduced by five years after an appeal.’

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The Independent, 1st August 2017


Independent investigation launched into alleged ‘failings’ by British Canoeing amid child grooming accusations – Daily Telegraph

Posted August 2nd, 2017 in assault, children, news, sexual grooming, sexual offences, sport by tracey

‘An independent investigation has been launched into alleged “failings” by British Canoeing amid child grooming and sexual assault accusations against a senior coach.’

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Daily Telegraph, 1st August 2017


Man who broke woman’s leg with remote-controlled car weeks before her wedding is jailed for two years – The Independent

Posted August 2nd, 2017 in grievous bodily harm, imprisonment, news, sentencing by tracey

‘A man has been jailed for two years after breaking a woman’s leg with a remote-controlled car just weeks before her wedding day.’

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The Independent, 1st August 2017


Increase in serious crimes by offenders on probation, figures show – The Guardian

‘There has been an increase in serious crimes committed by offenders under supervision in the community since the controversial privatisation of the probation service, figures suggest. The number of offenders on probation charged with murder, manslaughter, rape and other serious violent or sexual crimes has risen by more than 25% since changes to the service in England and Wales.’

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The Guardian, 2nd August 2017


Ministers ‘sneak out’ plans to privatise collection of court fines – The Independent

Posted August 2nd, 2017 in contracting out, courts, enforcement, fines, news by tracey

‘Plans to outsource the collection of court fines have been “snuck out” by the government, putting 150 civil service jobs at risk. HM Courts & Tribunals Service said it was in talks with “providers”, adding that the move would save millions of pounds.’

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The Independent, 1st August 2017


Greater Manchester police investigated over evidence in fatal shootings – The Guardian

Posted August 2nd, 2017 in complaints, evidence, firearms, news, police, unlawful killing by tracey

‘Officers from Greater Manchester police are being investigated over evidence they gave following two fatal shootings, the police watchdog has said.’

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The Guardian, 1st August 2017


Teacher jailed for watching live stream of child rape – BBC News

‘A primary school teacher who watched a live stream of a six-year-old boy being raped has been jailed.’

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BBC News, 1st August 2017


Metropolitan Police use force disproportionately against black people in London, new statistics reveal – The Independent

Posted August 2nd, 2017 in London, news, police, race discrimination, restraint, statistics, weapons by tracey

‘The Metropolitan Police used force more than 12,600 times in just three months, with a disproportionate amount of incidents involving black people, new statistics have revealed.’

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The Independent, 1st August 2017