Month: November 2017

Met Police holding children in custody for too long, says prison watchdog – The Independent

Posted November 9th, 2017 in children, custody, London, news, police, young offenders by tracey

‘Children are being held for too long in police custody once they are charged with an offence, the prison watchdog has warned. A report by HM Inspectorate of Prisons and HM Inspectorate of Constabulary found that too many children in north and north-east London were being kept in cells overnight and even at weekends, despite a statutory duty for authorities to provide them with alternative accommodation.’

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The Independent, 8th November 2017

Source: www.independent.co.uk

Teen guilty of bid to import explosives from dark web – BBC News

Posted November 9th, 2017 in explosives, internet, news, young persons by tracey

‘A teenager has been convicted of trying to import explosives from the dark web with intent to endanger life.’

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BBC News, 8th November 2017

Source: www.bbc.co.uk

City watchdog swoops on £68bn insurance broking market – Daily Telegraph

Posted November 9th, 2017 in competition, financial regulation, insurance, news by tracey

‘The City watchdog has turned its attention towards London’s £68bn insurance broking market following “significant changes” to the lucrative sector since its last probe a decade ago.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Anthony Grainger: Inquiry into senior officer’s evidence – BBC News

Posted November 9th, 2017 in complaints, evidence, firearms, inquiries, news, police by tracey

‘A senior police officer is being investigated over evidence he gave to a public inquiry into the death of an unarmed man who was shot by police.’

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BBC News, 9th November 2017

Source: www.bbc.co.uk

Wannabe YouTube star sentenced for ‘tombstoning’ into swimming pool during water polo match – Daily Telegraph

Posted November 9th, 2017 in community service, costs, news, nuisance, sentencing, young persons by tracey

‘A wannabe YouTube star has been convicted after he filmed himself “tombstoning” into a swimming pool during a water polo match in a bid to make money from social media.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Police failing to respond to some crimes because of ‘significant stress’ caused by budget cuts, report warns – The Independent

Posted November 9th, 2017 in crime, news, police, reports by tracey

‘Police forces are failing to respond to low-priority crimes because of “significant stress” caused by continued budget cuts amid a huge rise in demand, a report has found.’

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The Independent, 9th november 2017

Source: www.independent.co.uk

Landlord’s ‘curry smell’ letting ban unlawful – BBC News

Posted November 8th, 2017 in Equality and Human Rights Commission, injunctions, landlord & tenant, news, race discrimination by tracey

‘A buy-to-let tycoon who banned Indian and Pakistani tenants “because of the curry smell” has been ordered to ditch the policy.’

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BBC News, 8th November 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 8th, 2017 in legislation by Verity

The Central Securities Depositories Regulations 2017

The Corporation Tax (Instalment Payments) (Amendment) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) (Amendment) (No. 2) Regulations 2017

The Wales Act 2017 (Commencement No. 3) Regulations 2017

Source: www.legislation.gov.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

Posted November 8th, 2017 in administrators, burials and cremation, coroners, judgments, local government, news, probate, public interest by tracey

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

UK government sued for third time over deadly air pollution – The Guardian

Posted November 8th, 2017 in criminal damage, environmental protection, health, judicial review, news, pollution, road traffic by tracey

‘The UK government is being sued for a third time over the widespread illegal levels of air pollution, which cause 40,000 early deaths every year.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 8th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 (07 November 2017)

Harvey, R (On the Application Of) v Mendip District Council [2017] EWCA Civ 1784 (07 November 2017)

The Secretary of State for Work and Pensions v Gubeladze [2017] EWCA Civ 1751 (07 November 2017)

BNM v MGN Ltd [2017] EWCA Civ 1767 (07 November 2017)

Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1787 (07 November 2017)

The Welsh Ministers v Price & Anor [2017] EWCA Civ 1768 (07 November 2017)

Court of Appeal (Criminal Division)

Green v R [2017] EWCA Crim 1774 (07 November 2017)

High Court (Administrative Court)

Sesinova v District Court in Most, Czech Republic [2017] EWHC 2755 (Admin) (7 November 2017)

RoadPeace v Secretary of State for Transport [2017] EWHC 2725 (Admin) (07 November 2017)

High Court (Chancery Division)

Accord Healthcare Ltd v Research Corporation Technologies, Inc [2017] EWHC 2711 (Ch) (07 November 2017)

High Court (Commercial Court)

Tonicstar Ltd & ors v Allianz Insurance Plc & Anor [2017] EWHC 2753 (Comm) (06 November 2017)

Source: www.bailii.org

The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers

Posted November 8th, 2017 in appeals, commercial agents, disciplinary procedures, fees, fines, news, regulations, sanctions, sport, whistleblowers by tracey

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Sports Law Bulletin from Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

Posted November 8th, 2017 in complaints, costs, employment tribunals, harassment, local government, London, news, privacy, race discrimination, victimisation by tracey

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by tracey

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Policeman jailed for selling crash data to claims firm – which were sold on to law firms – Legal Futures

Posted November 8th, 2017 in bribery, community service, conditional discharge, confidentiality, conspiracy, conversion, data protection, fraud, imprisonment, juries, law firms, misfeasance in public office, news, personal injuries, perverting the course of justice, police, sentencing, suspended sentences by tracey

‘Two married constables working for Lancashire Police were sentenced last month for stealing police data about car crashes and selling it to claims firms for £363,000.’

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Legal Futures, 8th November 2017

Source: www.legalfutures.co.uk

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by tracey

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

Posted November 8th, 2017 in assisted reproduction, damages, declarations of incompatibility, documents, embryology, family courts, foreign jurisdictions, negligence, news, oral hearings, parental responsibility, parliamentary papers, surrogacy, wardship by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Football agent guilty of killing man while texting behind wheel on M6 – The Guardian

Posted November 8th, 2017 in dangerous driving, homicide, news, sport, telecommunications by tracey

‘A football agent has been convicted of killing a highways worker and paralysing another in a fatal crash as he texted players while speeding in bad weather.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Ministry of Justice abandons court battle on prisoners’ legal aid – The Guardian

Posted November 8th, 2017 in appeals, legal aid, Ministry of Justice, news, prisons by tracey

‘Legal aid for prisoners will be restored for three key categories of claims after the Ministry of Justice abruptly abandoned what was expected to become a supreme court battle.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Whistleblowers deterred by fears over damaging career prospects, finds research – The Independent

Posted November 8th, 2017 in employment, news, professional conduct, reports, statistics, whistleblowers by tracey

‘Nearly two-thirds of UK business managers would avoid whistleblowing at work for fear of damaging their career prospects, a new report has found.’

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The Independent, 8th November 2017

Source: www.independent.co.uk