Christmas Break

Posted December 21st, 2017 in Uncategorized by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2017.

Happy Christmas and thanks for reading!

Restitution claims for failure to pay for aftercare services – Community Care Blog

Posted December 21st, 2017 in appeals, mental health, news, repayment, restitution, social services by tracey

‘If an individual has in years past paid him or herself for mental health aftercare services, which should have been paid for by public bodies, does that person have a valid restitution claim to be refunded the monies spent? The Court of Appeal in Richards v Worcestershire County Council [2017] EWCA Civ 1998 has upheld the decision of Newey J at first instance, that a claimant can bring a private law action against public authorities under Part 7 of the CPR, when it is alleged that:
· the public authority was responsible for providing mental health aftercare services to the claimant pursuant to section 117 of the Mental Health Act 1983;
· aftercare services were received by the claimant; and
· those services were paid for by the claimant themselves.
Such a claim would be brought in restitution, on the basis that the payments made by the claimant served to relieve the public authority of liabilities which they ought to have been bearing under section 117.’

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Community Care Blog, 18th December 2017

Source: communitycare11kbw.com

Alternative cremation option “on hold” – Law & Religion UK

Posted December 21st, 2017 in burials and cremation, news, regulations, water, water companies by tracey

‘On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains.’

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Law & Religion UK, 21st December 2017

Source: www.lawandreligionuk.com

Final account payments: welcome guidance from the TCC – Practical Law: Construction Blog

Posted December 21st, 2017 in construction industry, contracting out, contracts, news, remuneration by tracey

‘Nearly 20 years after the Construction Act 1996 was introduced to stamp out bad payment practices, you would be forgiven for thinking there must be a voluminous pile of case law in relation to the all-important final account. But you would be disappointed. While there is plenty of guidance from the TCC on interim payments, the courts have not had much to say about final accounts, particularly post 2011. This is why Systems Pipework Ltd v Rotary Building Services Ltd is so welcome. Coulson J draws together the authorities on interim and final account payments and concludes (in a characteristically clear and to the point judgment) that the same rules apply to both.’

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Practical Law: Construction Blog, 20th December 2017

Source: constructionblog.practicallaw.com

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

MoJ formally rules out review of legal regulation and complete independence for regulators – Legal Futures

‘The current framework of legal regulation is “inconsistent”, the Ministry of Justice (MoJ) accepted today, but said it could not commit to the formal review sought by the Competition and Markets Authority (CMA) and others.’

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Legal Futures, 19th December 2017

Source: www.legalfutures.co.uk

The award of damages to enable surrogacy – Family Law

Posted December 21st, 2017 in damages, hospitals, negligence, news, surrogacy by tracey

‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’

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Family Law, 20th December 2017

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2017 in legislation by tracey

The Building Societies (Restricted Transactions) (Amendment to the Limit on the Trade in Currencies) Order 2017

The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 21st, 2017 in law reports by tracey

Court of Appeal (Civil Division)

L v F [2017] EWCA Civ 2121 (20 December 2017)

Bowen v Secretary of State for Justice [2017] EWCA Civ 2181 (20 December 2017)

M (Children), Re [2017] EWCA Civ 2164 (20 December 2017)

L-S (A Child) [2017] EWCA Civ 2177 (20 December 2017)

L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)

Rochford v WNS Global Services (UK) Ltd & Ors [2017] EWCA Civ 2205 (20 December 2017)

Royal Devon & Exeter NHS Foundation Trust v Atos IT Services UK Ltd [2017] EWCA Civ 2196 (20 December 2017)

Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112 (20 December 2017)

Court of Appeal (Criminal Division)

Whirlpool UK Appliances Ltd v R [2017] EWCA Crim 2186 (20 December 2017)

Parsons, R v [2017] EWCA Crim 2163 (20 December 2017)

High Court (Administrative Court)

Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors [2017] EWHC 3364 (Admin) (20 December 2017)

Webb v Avon and Somerset Constabulary & Anor [2017] EWHC 3311 (Admin) (20 December 2017)

Hutchison 3G UK Ltd, R (on the application of) v Telfónica UK Ltd & Ors [2017] EWHC 3376 (Admin) (20 December 2017)

High Court (Commercial Court)

Great Station Properties SA & Anor v UMS Holding Ltd & Ors [2017] EWHC 3330 (Comm) (20 December 2017)

Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO & Anor [2017] EWHC 3377 (Comm) (20 December 2017)

High Court (Family Division)

AI and AJ, Re Human Fertilisation And Embryology Act 2008 [2017] EWHC 3351 (Fam) (20 December 2017)

High Court (Queen’s Bench Division)

Khakshouri v Jimenez & Anor [2017] EWHC 3392 (QB) (20 December 2017)

High Court (Technology and Construction Court)

Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC) (20 December 2017)

Source: www.bailii.org

Cardiff sex assault ex-officer banned from going out – BBC News

Posted December 21st, 2017 in electronic monitoring, news, police, sexual offences, suspended sentences by tracey

‘A retired police officer has been banned from going out at night for six months after sexually assaulting a young woman in Cardiff.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Transgender Jewish woman wins review of child contact case – The Guardian

Posted December 21st, 2017 in appeals, contact orders, human rights, Judaism, news, transsexuals by tracey

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Ofcom accuses Three of holding up spectrum auction after failed legal bid – Daily Telegraph

Posted December 21st, 2017 in appeals, delay, news, telecommunications by tracey

‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Man Utd fan jailed for unprovoked racist attack on Raheem Sterling – Daily Telegraph

Posted December 21st, 2017 in assault, hate crime, news, racism, sentencing by tracey

‘A convicted football hooligan has been jailed for a racist attack on Raheem Sterling that left the Manchester City and England forward in a state of “complete shock”.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Police watchdog investigates death after use of restraint – The Guardian

Posted December 21st, 2017 in complaints, death in custody, news, police, restraint by tracey

‘The police watchdog has launched an investigation into the death of a 25-year-old student in Oxford who was arrested by Thames Valley police shortly before he died. The Independent Police Complaints Commission is investigating the death of Nuno Cardoso, a law student from Kentish Town, north London, who died in November.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Police doctor warns of more miscarriages of justice in rape cases in row over DNA testing – Daily Telegraph

Posted December 21st, 2017 in DNA, doctors, evidence, forensic science, miscarriage of justice, news, police, rape by tracey

‘A police doctor has warned of potential miscarriages of justice in rape cases after medical examinations were outsourced to the private security company G4S.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Jamie Hancock banned from teaching for life over ‘sexually motivated’ messages – BBC News

Posted December 21st, 2017 in disqualification, news, professional conduct, sexual offences, teachers by tracey

‘A teacher has been banned from his profession for life after he “utterly exploded” proper professional boundaries.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by tracey

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

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BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Police made ‘appalling’ errors in using internet data to target suspects – The Guardian

Posted December 21st, 2017 in data protection, internet, mistake, news, police, privacy, reports, sexual offences, warrants by tracey

‘Police have made serious errors getting search warrants for suspected sex offenders, leading to the targeting of innocent people and children being wrongly separated from their parents, an official report has revealed.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Laser pen offenders face five years in jail and unlimited fines under new laws – The Independent

Posted December 21st, 2017 in aircraft, bills, fines, health & safety, news, road traffic, sentencing, ships, transport by tracey

‘People who shine lasers at air, ground and sea vehicles could be jailed for up to five years under new laws. Offenders also face unlimited fines as part of Department for Transport (DfT) measures to boost safety.’

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The Independent, 20th December 2017

Source: www.independent.co.uk

Mohammed Awan: Brother of British Isis suicide bomber jailed for 10 years for plotting UK terror attack – The Independent

Posted December 20th, 2017 in conspiracy, news, sentencing, terrorism by tracey

‘The brother of an Isis suicide bomber has been jailed for 10 years for preparing for a potential terrorist attack.’

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The Independent, 20th December 2017

Source: www.independent.co.uk