November 2017 – Page 17 – Current Awareness

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

Full Story

Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

SDT issues unprecedented rebuke of SRA over Locke Lord case comments – Legal Futures

Posted November 13th, 2017 in fines, law firms, media, news, privacy, Solicitors Regulation Authority, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has made unprecedented public criticism of the Solicitors Regulation Authority over how it presented last week’s decision to fine US law firm Locke Lord a record £500,000.’

Full Story

Legal Futures, 13th November 2017

Source: www.legalfutures.co.uk

Men jailed over huge £100m tax fraud – Crown Prosecution Service

Posted November 13th, 2017 in Crown Prosecution Service, disclosure, documents, foreign jurisdictions, fraud, HM Revenue & Customs, imprisonment, news, sentencing, taxation by tracey

‘Five men have been jailed today (November 10) for their part in a £100m tax fraud.’

Full Story

Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

Paedophile avoids jail because of bad back – Daily Telegraph

Posted November 13th, 2017 in child abuse, news, sentencing, sexual offences, suspended sentences by tracey

‘A paedophile who abused three young girls more than 40-years ago has been spared jail after telling a judge he had a bad back.’

Full Story

Daily Telegraph, 12th November 2017

Source: www.telegraph.co.uk

‘Violent’ Somali criminal wins £80k payout for being unlawfully detained for 445 days – Daily Telegraph

Posted November 13th, 2017 in compensation, damages, deportation, detention, false imprisonment, government departments, human rights, international courts, news, post-traumatic stress disorder, torture by tracey

‘A “prolific and violent offender” has won £78,500 damages from the Home Office for being unlawfully detained.’

Full Story

Daily Telegraph, 10th November 2017

Source: www.telegraph.co.uk

Man seen urinating by Bristol Cenotaph ordered to apologise to war veterans – BBC News

Posted November 13th, 2017 in armed forces, cautions, commemorations, news, outraging public decency by tracey

‘A man has been cautioned and ordered to apologise to war veterans after he was seen urinating near a war memorial on Remembrance Sunday.’

Full Story

BBC News, 12th Novembe 2017

Source: www.bbc.co.uk

CCTV to be made compulsory in all animal slaughterhouses, Government announces – The Independent

Posted November 13th, 2017 in animal cruelty, closed circuit television, food hygiene, government departments, news, regulations, slaughter by tracey

‘CCTV will be made compulsory in all animal slaughterhouses under new government plans announced today. Michael Gove, the Environment Secretary, said that, from next spring, all abattoirs where live animals are present will be forced to install cameras in an attempt to clamp down on mistreatment.’

Full Story

The Independent, 12th November 2017

Source: www.independent.co.uk

Thousands of young people injured after being ‘restrained’ by officers – The Independent

Posted November 13th, 2017 in news, personal injuries, restraint, secure training centres, statistics, young offenders by tracey

‘Thousands of children and teenagers have been injured while being physically restrained in secure facilities, new figures have shown. Ministers have been urged to rethink heavy-handed techniques for restraining minors after official statistics revealed there have been more than 4,800 cases since 2010 where young people were hurt by being pinned down by officials.’

Full Story

The Independent, 13th November 2017

Source: www.independent.co.uk

Close dangerous fire safety loophole, London Fire Brigade says in wake of Grenfell disaster – Daily Telegraph

Posted November 13th, 2017 in building law, fire, fire services, health & safety, London, news by tracey

‘A fire safety loophole means “dangerous decisions” are being made about building design that could lead to more serious blazes, the London Fire Brigade has warned.’

Full Story

Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Uber loses court appeal against drivers’ rights – BBC News

Posted November 10th, 2017 in contract of employment, news, self-employment, taxis by tracey

‘Taxi firm Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

Full Story

BBC News, 10th November 2017

Source: www.bbc.co.uk

Independence and public inquiries – why you need it and how you can lose it – UK Human Rights Blog

Posted November 10th, 2017 in inquiries, judiciary, news by tracey

‘There is a scene in “Yes Minister” in which the beleaguered Jim Hacker is contemplating a public inquiry into the latest failing of his department. He warily suggests to his Permanent Secretary, Sir Humphrey Appleby, that perhaps the judge chairing the inquiry could be leant on to come up with a favourable outcome. Sir Humphrey is outraged at this violation of the separation of powers. Surely the Minister wasn’t serious? After all, wouldn’t it be better to appoint a judge who didn’t need to be leant on in the first place?
Jim Duffy’s recent post on the Contaminated Blood Inquiry – and the importance of an inquiry being independent and being seen to be independent – brought this encounter to mind. The ever more frequent calls for a “judge-led inquiry” must be a source of both pride and concern to the judiciary. Pride as “judge-led” is a synonym for a forensic, thorough and above all independent tribunal to assess the matter in question. We will come to the concern later.

Full Story

UK Human Rights Blog, 9th November 2017

Source: ukhumanrightsblog.com

Liability of police misconduct hearings for discrimination – UK Police Law Blog

Posted November 10th, 2017 in disciplinary procedures, equality, immunity, news, police by tracey

‘The Supreme Court has held in P v Commissioner of Police of the Metropolis [2017] UKSC 65, that police misconduct hearings no longer benefit from judicial immunity in respect of discrimination claims. They also held that the Chief Constable is vicariously liable for the discriminatory acts of such panels. However, the decision related to an internal panel under the old regime when a misconduct hearing panel was chaired by an assistant chief constable.’

Full Story

UK Police Law Blog, 10th November 2017

Source: ukpolicelawblog.com

BAILII: Recent Decisions

Posted November 10th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017)

High Court (Administrative Court)

Jollah, R (On the Application Of) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin) (09 November 2017)

A, R (on the application of) v The Secretary of State for Health & Anor [2017] EWHC 2815 (Admin) (09 November 2017)

High Court (Chancery Division)

Agrokor DD, Re (Cross-Border Insolvency Regulations 2006) [2017] EWHC 2791 (Ch) (09 November 2017)

High Court (Commercial Court)

KUFPEC Singapore Holding Ltd v Sanderson Capital Resources Ltd & Anor [2017] EWHC 2816 (Comm) (09 November 2017)

Ultrabulk A/S v Jagatramka [2017] EWHC 2792 (Comm) (09 November 2017)

JSC BTA Bank v Ablyazov & Anor [2017] EWHC 2702 (Comm) (06 November 2017)

High Court (Family Division)

Richardson-Ruhan v Ruhan [2017] EWHC 2739 (Fam) (09 November 2017)

High Court (Technology and Construction Court)

Stoke-On-Trent College v Pelican Rouge Coffee Solutions Group Ltd [2017] EWHC 2829 (TCC) (09 November 2017)

Source: www.bailii.org

Claimant ordered to pay council £12k over false claims of pothole injury – Local Government Lawyer

Posted November 10th, 2017 in costs, evidence, news, personal injuries by tracey

‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’

Full Story

Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Judge allows naming of council involved in special guardianship case – Local Government Lawyer

Posted November 10th, 2017 in anonymity, guardianship, local government, news by tracey

‘A judge has allowed Gloucestershire County Council to be identified in a child guardianship case.’

Full Story

Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

High Court issues costs penalties for claimants’ conduct in settling claim – Litigation Futures

Posted November 10th, 2017 in costs, defamation, delay, news, part 36 offers, penalties by tracey

‘A corporate claimant that accepted a part 36 offer late should not get its costs up to the point where the offer expired because its conduct meant the usual rule should not apply, the High Court has ruled.’

Full Story

Litigation Futures, 9th November 2017

Source: www.litigationfutures.com

LSB launches internal governance rules consultation – Legal Services Board

Posted November 10th, 2017 in consultations, legal services, Legal Services Board, press releases by tracey

‘The Legal Service Board has today published a consultation on its internal governance rules (IGR) for the legal services regulators.’

Full press release

Legal Services Board, 9th November 2017

Source: www.legalservicesboard.org.uk

Trader jailed for offering to sell elephant tusks and rhino horns – Crown Prosecution Service

Posted November 10th, 2017 in animals, environmental protection, press releases, sentencing by tracey

‘An illegal trader who offered to sell elephant tusks, rhino horns, and hippopotamus teeth has been jailed for a total of 14 months after breaking wildlife protection laws.’

Full press release

Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

Man who planned to detonate pipe bomb on a plane has had his sentence increased – Attorney General’s Office

Posted November 10th, 2017 in aircraft, appeals, explosives, news, sentencing by tracey

‘Manchester man who planned to detonate pipe bomb on a plane has had his sentence increased by 4 years.’

Full Story

Attorney General's Office, 9th November 2017

Source: www.gov.uk