Recent Statutory Instruments – legislation.gov.uk

Posted December 6th, 2017 in legislation by Verity

The Collective Investment Schemes and Offshore Funds (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2017

The Packaged Retail and Insurance-based Investment Products Regulations 2017

The Risk Transformation Regulations 2017

The Co-ownership Authorised Contractual Schemes (Tax) Regulations 2017

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017

The Radio Equipment Regulations 2017

The Employment Rights Act 1996 and Pension Schemes Act 1993 (Amendment) Regulations 2017

The Common Agricultural Policy Basic Payment and Support Schemes (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 6th, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

‘Liberties of England at risk’ without more money for lawyers, warns former appeal judge – Law Society’s Gazette

Posted December 6th, 2017 in criminal justice, judges, legal profession, news, reports by sally

‘Bach Commission vice-chair and former judge Sir Henry Brooke has demanded action to reverse assaults on the criminal justice system, claiming the ‘liberties of England are at risk’ because of cuts in funding.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Termination payments to Spurs players not subject to national insurance, Tribunal confirms – OUT-LAW.com

‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’

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OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Attorney general’s office investigates social media posts which may identify Jon Venables – Daily Telegraph

‘The attorney general’s office has announced an inquiry into social media messages which may identify Jon Venables.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Copyright-protected works will not be subject to new EU rules on ‘geo-blocking’ – OUT-LAW.com

Posted December 6th, 2017 in copyright, EC law, internet, legislative drafting, news by sally

‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’

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OUT-LAW.com, 4th December 2017

Source: www.out-law.com

London borough fined £100,000 after social workers assaulted – Local Government Lawyer

Posted December 6th, 2017 in fines, health & safety, local government, London, news, social services, violence by sally

‘A local authority has been fined £100,000 after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Criminal record check did not spot hammer attack carer threat – BBC News

Posted December 6th, 2017 in attempts, carers, criminal records, murder, news, violent offenders by sally

‘The son of a 90-year-old woman who was stabbed in the neck by a carer with a previous assault conviction is calling for a change to criminal record checks.’

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BBC News, 5th December 2017

Source: www.bbc.co.uk

New courts planned to hear super-wealthy battle over finances – Daily Telegraph

‘Divorce battles among the super wealthy will be heard in separate courts under a plan to make the system more efficient, the head of the family court has announced.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Market dynamics in the counterfactual: more competitive, not just cheaper – Competition Bulletin from Blackstone Chambers

Posted December 6th, 2017 in competition, consumer credit, damages, fees, news by sally

‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’

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Competition Bulletin from Blackstone Chambers, 5th December 2017

Source: competitionbulletin.com

Justice minister pours cold water on growing calls to fund early legal advice – Legal Futures

Posted December 6th, 2017 in budgets, legal aid, legal services, Ministry of Justice, news by sally

‘The government yesterday damped down hopes that it would consider funding greater access to early legal advice.’

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Legal Futures, 6th December 2017

Source: www.legalfutures.co.uk

Financial Remedies Courts should lead to ‘greater predictability’ – Family Law

Posted December 6th, 2017 in courts, divorce, families, financial dispute resolution, news, pilot schemes by sally

‘Legal experts believe new Financial Remedies Courts (FRCs) should provide claimants and respondents with greater predictability, when resolving financial claims on relationship breakdown. Three FRCs will be piloted in London, the West Midlands and South East Wales from February 2018. Judges in FRCs will have a greater level of expertise in financial cases. Partners at Mishcon de Reya and Alexiou Fisher Philipps say this will lead to greater predictability of outcome, which the Law Commission has found is not always the case at present, and that it will free up more time in the overburdened family courts.’

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Family Law, 6th December 2017

Source: www.familylaw.co.uk

Judges to get counselling to help them cope with sex crime cases – Daily Telegraph

Posted December 6th, 2017 in courts, internet, judges, mental health, news, sentencing, sexual offences by sally

‘Judges are to get mental health help to deal with sex crime cases, the new Lord Chief Justice has announced, as he said we must recognise that “judges are human” too.’

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Daily Telegraph, 5th December 2017

Source: www.telegraph.co.uk

Payout after woman was kept alive against her will – BBC News

Posted December 6th, 2017 in documents, hospitals, medical treatment, news by sally

‘The family of an 81-year-old woman has received a £45,000 payout after she was kept alive against her will.’

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BBC News, 6th December 2017

Source: www.bbc.co.uk

Elite prison squad deployed to jails 580 times last year – The Guardian

‘An elite group of specially trained prison officers had to be deployed to jails in England and Wales 580 times last year, figures show.’

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The Guardian, 6th December 2017

Source: www.theguardian.com