Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by tracey

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

Full Story

OUT-LAW.com, 16th October 2017

Source: www.out-law.com

UK courts did not breach man’s right to reputation when dismissing his defamation claims, rules human rights court – OUT-LAW.com

Posted October 17th, 2017 in defamation, human rights, internet, news, publishing by tracey

‘Courts in the UK did not breach their obligation to protect a budding politician’s right to respect for his reputation when it dismissed his claim for allegedly defamatory comments published about him online, the European Court of Human Rights (ECtHR) has said.’

Full Story

OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

Full Story

Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

Full Story

Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

BAILII: Recent Decisions

Posted October 17th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GmbH [2017] EWCA Civ 1567 (16 October 2017)

Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 1) [2017] EWCA Civ 1426 (13 October 2017)

Lungowe & Ors v Vedanta Resources Plc & Anor [2017] EWCA Civ 1528 (13 October 2017)

Barclays Wealth Trustees (Jersey) Ltd & Anor v Revenue And Customs [2017] EWCA Civ 1512 (13 October 2017)

Bukovsky v Crown Prosecution Service [2017] EWCA 1529 Civ (13 October 2017)

High Court (Administrative Court)

Tapster v Nursing And Midwifery Council [2017] EWHC 2544 (Admin) (13 October 2017)

General Medical Council v Stone [2017] EWHC 2534 (Admin) (13 October 2017)

High Court (Commercial Court)

Zayo Group International Ltd v Ainger & Ors [2017] EWHC 2542 (Comm) (13 October 2017)

The Kyrgyz Republic v Stans Energy Corporation & Anor [2017] EWHC 2539 (Comm) (13 October 2017)

High Court (Queen’s Bench Division)

Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB) (13 October 2017)

Source: www.bailii.org

Life sentences for killer drivers – Ministry of Justice

Posted October 17th, 2017 in alcohol abuse, dangerous driving, drug abuse, homicide, press releases, sentencing by tracey

‘Ministers confirm plans to introduce tougher sentences for those who drive irresponsibly and devastate lives.’

Full press release

Ministry of Justice, 15th October 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by tracey

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

Full Story

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Junior barristers “bearing the brunt” of pressure in criminal courts – Legal Futures

Posted October 17th, 2017 in barristers, case management, courts, criminal justice, diversity, news by tracey

‘ “Concerned words” about diversity and social mobility need to be turned into action through changes to the way the criminal courts operate if junior barristers are to be retained, the Criminal Bar Association has warned.’

Full Story

Legal Futures, 17th October 2017

Source: www.legalfutures.co.uk

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by tracey

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

Full Story

Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by tracey

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Hip implant patients sue manufacturer – BBC News

Posted October 17th, 2017 in consumer protection, health, news, prosecutions by tracey

‘Hundreds of people who received allegedly faulty hip replacements are suing the manufacturer at the High Court. The hearing is thought to be one of the largest product liability group actions ever heard in the UK.’

Full Story

BBC News, 16th October 2017

Source: www.bbc.co.uk

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by tracey

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

Full Story

The Guardian, 16th October 2017

Source: www.theguardian.com

Six County FAs fail to respond to questions on football sex abuse – Daily Telegraph

Posted October 17th, 2017 in disclosure, news, sexual offences, sport by tracey

‘The failure by some to cooperate with the independent review into the game’s child sexual abuse scandal was laid bare again on Monday night after it emerged six County Football Associations had not responded to requests for information five months after being asked to do so.’

Full Story

Daily Telegraph, 16th October 2017

Source: www.telegraph.co.uk

Ministers urged to ditch plans to cut number of MPs by 50 – The Guardian

Posted October 17th, 2017 in boundaries, constitutional reform, consultations, elections, news, parliament by tracey

‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Opera singer and film writer ex-boyfriend in High Court battle over who wrote the script to a Hollywood blockbuster – Daily Telegraph

Posted October 17th, 2017 in artistic works, intellectual property, media, news by tracey

‘An opera singer is locked in a High Court battle with her film writer former boyfriend over who wrote the script to a Hollywood blockbuster.’

Full Story

Daily Telegraph, 17th October 2017

Source: www.telegraph.co.uk

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by tracey

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

Full Story

BBC News, 17th October 2017

Source: www.bbc.co.uk

Family in dispute over care of woman with brain damage – The Guardian

Posted October 17th, 2017 in euthanasia, families, health, medical treatment, mental health, news by tracey

‘A family is in dispute over the ongoing care of a woman with brain damage who had suggested she would want to die in such circumstances, a court has heard.’

Full Story

The Guardian, 16th October 2017

Source: www.theguardian.com

Peers could be restricted to 15 years in Lords in drive to cut numbers – The Guardian

Posted October 17th, 2017 in news, parliament, peerages & dignities, reports, time limits by tracey

‘New peers could be restricted to sitting in the House of Lords for 15 years, rather than being given life peerages, under plans to slash the numbers in the house.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Hate-crime prosecutions fall despite spike in reported attacks after Brexit referendum – The Independent

Posted October 17th, 2017 in hate crime, news, prosecutions, statistics by tracey

‘The number of hate crimes prosecuted last year dropped despite a spike in reported attacks in the wake of the EU referendum, new figures show.’

Full Story

The Independent, 17th October 2017

Source: www.independent.co.uk