Challenge over land in neighbourhood plan out of time, High Court rules – Local Government Lawyer

Posted December 5th, 2017 in local government, news, planning, time limits by tracey

‘An objection to including land within a neighbourhood plan boundary cannot be taken to judicial review out of time, Kerr J has ruled in the High Court.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Family with no recourse to public funds wins judicial review battle with council – Local Government Lawyer

Posted December 5th, 2017 in housing, local government, news by tracey

‘Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Unregistered marriages – time to register calls for law reform? – Family Law

Posted December 5th, 2017 in Islam, islamic law, marriage, news by tracey

‘Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.’

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Family Law, 4th December 2017

Source: www.familylaw.co.uk

Businessman jailed for tax evasion and benefit fraud – Crown Prosecution Service

Posted December 5th, 2017 in benefits, fraud, press releases, sentencing, social security, tax evasion by tracey

‘A bar and garage owner who fraudulently avoided more than £340,000 in tax and national insurance by failing to register the premises has been jailed for four years.’

Full press release

Crown Prosecution Service, 4th December 2017

Source: www.cps.gov.uk

Atkin Lecture by Lord Justice Beatson – Judicial Independence: Internal and External Challenges and Opportunities – Courts and Tribunals Judiciary

Posted December 5th, 2017 in judiciary, speeches by tracey

‘Atkin Lecture by Lord Justice Beatson – Judicial Independence: Internal and External Challenges and Opportunities.’

Full speech

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.org.uk

BAILII: Recent Decisions

Posted December 5th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Greater Manchester Police v Carroll [2017] EWCA Civ 1992 (01 December 2017)

Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 (01 December 2017)

Iveco Ltd v Revenue And Customs [2017] EWCA Civ 1982 (01 December 2017)

A L Challis Ltd v British Gas Trading Ltd [2017] EWCA Civ 1972 (30 November 2017)

Court of Appeal (Criminal Division)

Daley, R v [2017] EWCA Crim 1971 (01 December 2017)

High Court (Administrative Court)

The Bar Standards Board v Crawford [2017] EWHC 3101 (Admin) (04 December 2017)

Belhaj & Anor v Director of Public Prosecutions (DPP) [2017] EWHC 3056 (Admin) (01 December 2017)

Care England, R (on the application of) v Essex County Council [2017] EWHC 3035 (Admin) (01 December 2017)

High Court (Chancery Division)

Raffermati v Capello Hair Designs Ltd & Anor [2017] EWHC 3134 (Ch) (04 December 2017)

High Court (Commercial Court)

MT “Cape Bonny” Tankschiffahrts GmbH & Co KG v Ping AN Property and Casualty Insurance Company of China Ltd & Anor [2017] EWHC 3036 (Comm) (04 December 2017)

Bronze Monkey LLC & Anor v Simmons & Simmons LLP & Anor [2017] EWHC 3097 (Comm) (01 December 2017)

Oldham v QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm) (01 December 2017)

Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2017] EWHC 3107 (Comm) (01 December 2017)

Trafigura Beheer BV v Renbrandt Ltd [2017] EWHC 3100 (Comm) (01 December 2017)

Bank & Clients Plc v King & Anor [2017] EWHC 3099 (Comm) (01 December 2017)

Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC & Anor [2017] EWHC 3047 (Comm) (30 November 2017)

High Court (Family Division)

D (A Child), Re [2017] EWHC 3075 (Fam) (29 November 2017)

High Court (Queen’s Bench Division)

TBS v Metropolitan Police Commissioner [2017] EWHC 3094 (QB) (04 December 2017)

TW (A Child) v Royal Bolton Hospital NHS Foundation Trust [2017] EWHC 3139 (QB) (04 December 2017)

Spearman v Royal United Bath Hospitals NHS Foundation Trust [2017] EWHC 3027 (QB) (04 December 2017)

Various Claimants v WM Morrisons Supermarket Plc (Rev 1) [2017] EWHC 3113 (QB) (01 December 2017)

Simmonds v Pearce [2017] EWHC 35 (QB) (01 December 2017)

High Court (Technology and Construction Court)

Multiplex Construction Europe Ltd v Dunne [2017] EWHC 3073 (TCC) (30 November 2017)

Petroleum Company of Trinidad and Tobago Ltd v Samsung Engineering Trinidad Co Ltd [2017] EWHC 3055 (TCC) (30 November 2017)

Source: www.bailii.org

Hillsborough police officer granted funds to fight potential manslaughter charges – The Guardian

Posted December 5th, 2017 in homicide, legal aid, negligence, news, police, stay of proceedings by tracey

‘The former senior police officer who was the match commander at the Hillsborough disaster is to get funding to fight a possible prosecution on charges of gross negligence manslaughter.’

Full Story

The Guardian, 4th December 2017

Source: www.theguardian.com

President of the Family Division Circular: Financial remedies courts – Courts and Tribunals Judiciary

Posted December 5th, 2017 in family courts, financial provision, judges, press releases by tracey

‘The need for and the many benefits to be derived from the introduction of a national system of Financial Remedies Courts have been persuasively argued by HHJ Martin O’Dwyer, HHJ Edward Hess and Joanna Miles: Hess and Miles, The recognition of money work as a speciality in the family courts by the creation of a national network of Financial Remedies Units [2016] Fam Law 1335, and O’Dwyer, Hess and Miles, Financial Remedies Courts [2017] Fam Law 625. I have made clear my support for this: Note by the President [2016] Fam Law 1340, and 17th View from the President’s Chambers: divorce and money – where are we and where are we going? [2017] Fam Law 607.

Following discussions with HMCTS, I am proposing to pilot the Financial Remedies Court (FRC) concept in three places, starting, I hope, in February 2018: London, the West Midlands and South-East Wales. I envisage that further pilots will follow quite shortly on a rolling programme.’

Full press release

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.gov.uk

Jewish teacher wins tribunal after she was sacked for living with her boyfriend – Daily Telegraph

‘A Jewish teacher has won a tribunal after she was sacked for living with her boyfriend outside of wedlock.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Uber request to take drivers’ rights case directly to top UK court rejected – Daily Telegraph

Posted December 5th, 2017 in appeals, courts, employment, news, Supreme Court, taxis by tracey

‘Uber’s request to take its appeal to overturn a ruling over drivers’ rights directly to the UK’s highest court, skipping the Court of Appeal, has been rejected.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 5th, 2017 in legislation by Verity

The Social Security (Miscellaneous Amendments No. 5) Regulations 2017

The Personal Portfolio Bonds (Amendment of Property Categories in Section 520 of the Income Tax (Trading and Other Income) Act 2005) Regulations 2017

The Van Benefit and Car and Van Fuel Benefit Order 2017

The Magistrates’ Courts (Adult Protection and Support Orders) Rules 2017

The Office for Students (Register of English Higher Education Providers) Regulations 2017

The Higher Education (Fee Limit Condition) (England) Regulations 2017

The Animal Health (Miscellaneous Revocations) Order 2017

The Education (Recognised Awards) (Richmond The American International University in London) Order 2017

The Wales Act 2017 (Commencement No. 4) Regulations 2017

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017

The International Development Association (Multilateral Debt Relief Initiative) (Amendment) Order 2017

The Caribbean Development Bank (Ninth Replenishment of the Unified Special Development Fund) Order 2017

The Asian Development Bank (Eleventh Replenishment of the Asian Development Fund) Order 2017

The African Development Fund (Multilateral Debt Relief Initiative) (Amendment) Order 2017

The African Development Bank (Fourteenth Replenishment of the African Development Fund) Order 2017

The International Development Association (Eighteenth Replenishment) Order 2017

The Maritime Enforcement Powers (Persons of a Specified Description) Regulations 2017

Source: www.legislation.gov.uk

Corrie Mckeague police inquiry had ‘limited resources’ – BBC News

Posted December 5th, 2017 in missing persons, news, police, reports by tracey

‘Police conducted “exemplary” work in their search for the missing RAF airman Corrie Mckeague despite “limited resources”, a report has found. The 23-year-old vanished following a night out in Bury St Edmunds, Suffolk, in September 2016. A review of Suffolk Police’s inquiry, released to the BBC, described assessing 2,000 hours of CCTV footage as a “significant achievement”.’

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BBC News, 5th December 2017

Source: www.bbc.co.uk

Nearly 200 people held in UK-wide online child abuse operation – The Guardian

Posted December 5th, 2017 in child abuse, internet, news, police, sexual grooming by tracey

‘Nearly 200 suspected paedophiles were arrested in one week, investigators have said, as they warned of a rise in the use of live streaming to sexually abuse children. The National Crime Agency (NCA) said a UK-wide operation in October had saved 245 children from harm and 192 people were detained.’

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The Guardian, 5th December 2017

Source: www.theguardian.com

Domestic violence victims will have legal aid limitations eased, say Ministry of Justice – The Independent

Posted December 5th, 2017 in domestic violence, evidence, legal aid, limitations, news, time limits, victims by tracey

‘The Ministry of Justice announced changes to give more support to those taking abusive former partners to court in family proceedings.’

MOJ press release

Full Story

The Independent, 4th December 2017

Source: www.independent.co.uk

Inquiry into social media messages that may identify Jon Venables -The Guardian

Posted December 5th, 2017 in anonymity, contempt of court, inquiries, news by tracey

‘The attorney general’s office has launched an investigation into social media messages which may breach the worldwide legal injunction preventing identification of the convicted child killer Jon Venables.’

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The Guardian, 4th December 2017

Source: www.theguardian.com

Undercover policeman’s son sues force after discovering his father was an officer ‘left him with depression’ – Daily Telegraph

Posted December 5th, 2017 in compensation, families, investigatory powers, mental health, news, police by tracey

‘A man who says he suffered a depressive illness as a result of discovering his father was an undercover police officer rather than a political activist has won the latest round of a High Court compensation battle with the Metropolitan Police.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Former police officers who leaked Damian Green pornography allegations could face prosecution, says Cressida Dick – The Independent

Posted December 5th, 2017 in misfeasance in public office, news, parliament, police, pornography, prosecutions by tracey

‘Retired police officers who leaked information about an inquiry into Cabinet minister Damian Green could face prosecution, the Metropolitan Police Commissioner has said.’

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The Independent, 4th December 2017

Source: www.independent.co.uk