David Dearlove jailed for 1968 Paul Booth murder – BBC News

Posted December 1st, 2017 in child abuse, imprisonment, murder, news, sentencing by tracey

‘A man who swung his toddler stepson by the ankles and smashed his head into a fireplace has been jailed for a minimum of 13 years.’

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BBC News, 1st December 2017

Source: www.bbc.co.uk

Vicarious Liability and Data Controllers – Panopticon

Posted December 1st, 2017 in data protection, news, vicarious liability by tracey

‘The High Court (Langstaff J) has today handed down an almost 200 paragraph judgment in the first ever group litigation data breach case to come before the courts. The issue for the court was whether the defendant data controller, Morrisons, was in principle either directly or vicariously liable for the actions of a rogue employee who had, as an act of malice directed at his employer, taken payroll data relating to some 100,000 employees and published it online. The court concluded that, despite itself having been entirely innocent of the misuse, Morrisons was in principle liable to compensate all the claimants in the group, some 5,500 individuals, on the basis of the application of common law (no fault) vicarious liability principles.’

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Panopticon, 1st December 2017

Source: panopticonblog.com

Cohabiting partners should have same rights as spouses to claim bereavement damages – UK Human Rights Blog

Posted December 1st, 2017 in bereavement, cohabitation, damages, news by tracey

‘Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors (Rev 2) [2017] EWCA Civ 1916. In a landmark decision handed down on 28th November 2017 the Court of Appeal ruled that cohabiting couples should have a right to claim bereavement damages, putting them in a position analogous to spouses and civil partners.’

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UK Human Rights Blog, 30th November 2017

Source: ukhumanrightsblog.com

Separate but not equal? – Rajkiran Barhey – UK Human Rights Blog

Posted December 1st, 2017 in gender, news, school children, sex discrimination by tracey

‘Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al Hijrah School [2017] EWCA Civ 1426. This fascinating judgment, delivered by the Court of Appeal on 13 October 2017, found that a policy of gender segregation in a co-educational school amounted to unlawful gender discrimination.’

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UK Human Rights Blog, 30th November 2017

Source: ukhumanrightsblog.com

Changes to police powers relating to mental health and places of safety – UK Police Law Blog

Posted December 1st, 2017 in detention, mental health, news, police by tracey

‘On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.’

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UK Police Law Blog, 29th November 2017

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2017 in legislation by tracey

The Income Tax (Indexation) Order 2017

The Finance Act 2014, Section 300 (Local Loans) (Appointed Day) Order 2017

The Fisheries and Rural Affairs (Miscellaneous Revocations) Regulations 2017

The Fire and Rescue Authority (Membership) Order 2017

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2017

The Motor Cars (Driving Instruction) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 1st, 2017 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v VC (Sri Lanka) [2017] EWCA Civ 1967 (30 November 2017)

High Court (Administrative Court)

Oyston Estates Ltd, R (On the Application Of) v St Anne’s-On-The-Sea Town Council [2017] EWHC 3086 (Admin) (30 November 2017)

Hart & Ors, R (on the application of) v The Crown Court at Blackfriars & Anor [2017] EWHC 3091 (Admin) (30 November 2017)

Roxlena Ltd, R (On the Application Of) v Cumbria County Council [2017] EWHC 2651 (Admin) (30 November 2017)

High Court (Chancery Division)

United Biscuits (Pension Trustees) Ltd & Anor v Revenue And Customs [2017] EWHC 2895 (Ch) (30 November 2017)

High Court (Patents Court)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 3083 (Pat) (30 November 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 2988 (Pat) ( 30 November 2017)

High Court (Queen’s Bench Division)

Hyde & Ors v Simple Skips Ltd [2017] EWHC 3087 (QB) (30 November 2017)

Philp & Anor v Cook [2017] EWHC 3023 (QB) (28 November 2017)

Source: www.bailii.org

Index Linking Periodical Payments – Family Law Week

Posted December 1st, 2017 in indexation, news, periodical payments by tracey

‘Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.’

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Family Law Week, 24th November 2017

Source: www.familylawweek.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures

Posted December 1st, 2017 in dispute resolution, negligence, news, personal injuries by tracey

‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Simplify planning laws in Wales to create new homes – Law Commission

Posted December 1st, 2017 in housing, planning, press releases, Wales by tracey

‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’

Full press release

Law Commission, 30th November 2017

Source: www.lawcom.gov.uk/

Speech by the Lord Chief Justice: Justice – Mental Health and Fair Trial Report – Courts and Tribunals Judiciary

Posted December 1st, 2017 in criminal justice, mental health, speeches by tracey

‘Speech by the Lord Chief Justice: Justice – Mental Health and Fair Trial Report.’

Full speech

Courts and Tribunals Judiciary, 28th November 2017

Source: www.judiciary.gov.uk

Speech by Lord Justice Jackson: Does good faith have any role in construction contracts? – Courts and Tribunals Judiciary

Posted December 1st, 2017 in construction industry, contracts, speeches by tracey

‘Speech by Lord Justice Jackson: Does good faith have any role in construction contracts?’

Full speech

Courts and Tribunals Judiciary, 29th November 2017

Source: www.judiciary.gov.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit – Courts and Tribunals Judiciary

Posted December 1st, 2017 in brexit, EC law, jurisdiction, speeches by tracey

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’

Full speech

Courts and Tribunals Judiciary, 30th November 2017

Source: www.judiciary.gov.uk

Injustice in Immigration Detention – The Bar Council

Posted December 1st, 2017 in detention, immigration, legal representation, press releases by tracey

‘Migrants held in detention for too long with inadequate access to the courts or to legal help are among a catalogue of problems highlighted by ‘Injustice in Immigration Detention’, an independent report by Dr Anna Lindley of SOAS, published today.’

Full press release

The Bar Council, 30th November 2017

Source: www.barcouncil.org.uk

Police officer who blackmailed member of the public has sentence increased – Attorney General’s Office

‘Police officer has sentence increased after Solicitor General Robert Buckland QC MP referred his original sentence to the Court of Appeal.’

Full press release

Attorney General’s Office, 30th November 2017

Source: www.gov.uk/ago

Watchdog calls on MPs to ease rules after being told to toughen up – Daily Telegraph

Posted December 1st, 2017 in accountants, financial regulation, news, takeovers by tracey

‘The UK’s accounting watchdog is hoping to make it easier to prosecute accountants after it was slammed for letting KPMG off the hook over its audits of HBOS just before the financial crisis.’

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Daily Telegraph, 30th November 2017

Source: www.telegraph.co.uk

Care homes are breaking the law by charging residents after death, says watchdog – Daily Telegraph

Posted December 1st, 2017 in care homes, fees, news by tracey

‘Care homes are breaking the law by charging wealthier residents fees after they have died, a regulator has said. People who pay for their own care are also being charged £12,000 year more each than the fees paid by councils, equivalent to a total shortfall of £1bn a year, the Competition and Markets Authority said.’

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Daily Telegraph, 30th November 2017

Source: www.telegraph.co.uk

UK police to lose phone and web data search authorisation powers – The Guardian

Posted December 1st, 2017 in internet, investigatory powers, news, police, telecommunications by tracey

‘Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records under a series of late changes to the snooper’s charter law proposed by ministers in an attempt to comply with a European court ruling on Britain’s mass surveillance powers. A Home Office consultation paper published on Thursday also makes clear that the 250,000 requests each year for access to personal communications data by the police and other public bodies will in future be restricted to investigations into crimes that carry a prison sentence of at least six months.’

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The Guardian, 30th November 2017

Source: www.theguardian.com

Cancer x-ray services to be reviewed after serious diagnostic failures – The Guardian

Posted December 1st, 2017 in cancer, hospitals, news, quality assurance, x-rays by tracey

‘Inspectors have launched a national review into radiology services in the NHS after it emerged patients came to “significant harm” at a hospital where junior doctors were left to interpret chest x-rays, including those for suspected cancer.’

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The Guardian, 1st December 2017

Source: www.theguardian.com