To Me …To You… – Assign of Things To Come – Budana and CFA Assignment in the Court of Appeal – Zenith PI Blog

Posted December 7th, 2017 in appeals, fees, law firms, news by sally

‘The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980.’

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Zenith PI Blog, 7th December 2017

Source: zenithpi.wordpress.com

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

High Court criticises BSB for pursuing tougher sentence against barrister – Law Society’s Gazette

Posted December 7th, 2017 in barristers, disciplinary procedures, news, sentencing by sally

‘The bar regulator has been criticised after it failed to persuade the High Court that a disciplinary sanction against a barrister convicted of harassment should have been more severe.’

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Law Society's Gazette, 6th December 2017

Source: www.lawgazette.co.uk

Data Breach, Group Actions, and the criminal insider: the Morrisons case – Panopticon

Posted December 7th, 2017 in appeals, damages, data protection, mental health, news, vicarious liability by sally

‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’

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Panopticon, 6th December 2017

Source: panopticonblog.com

Supreme Court rules on time limitation for claims under the Human Rights Act – UK Human Rights Blog

‘The Supreme Court has ruled that a barrister’s claim against the Bar Standards Board for discrimination should not be time barred under the one year limit prescribed by the Human Rights Act. In her case, the Court said, the time limit for bringing proceedings only started running when she successfully appealed against disciplinary action taken against her. The decision to bring disciplinary proceedings and the subsequent hearings were part of a single process, not a series of disparate acts which set the time limitation period running.’

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UK Human Rights Blog, 6th December 2017

Source: ukhumanrightsblog.com

Sexist criminals could get longer sentences under proposals to make misogyny a type of hate crime – Daily Telegraph

Posted December 7th, 2017 in crime, hate crime, news, pilot schemes, sentencing, sex discrimination by sally

‘Sexist criminals could get longer sentences under plans to make misogyny a type of hate crime.’

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Daily Telegraph, 6th December 2017

Source: www.telegraph.co.uk

Pair guilty of human trafficking after drugs raid in UK legal first – The Guardian

Posted December 7th, 2017 in conspiracy, drug trafficking, gangs, news, trafficking in human beings by sally

‘Two gang members who ran a so-called “county line” drug network have been convicted of human trafficking in the first case of its kind.’

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The Guardian, 6th December 2017

Source: www.theguardian.com

Council defeats High Court challenge over care home fees increase – Local Government Lawyer

Posted December 7th, 2017 in appeals, care homes, fees, local government, news by sally

‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’

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Local Government Lawyer, 7th December 2017

Source: www.localgovernmentlawyer.co.uk

The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

UK arrests for terror offences up 54% – The Guardian

Posted December 7th, 2017 in news, statistics, terrorism by sally

‘The number of people arrested for terrorism-linked offences in Britain rose 54% to 400 in the 12 months to September in one of the most intense periods for terrorist attacks in recent British history.’

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The Guardian, 7th December 2017

Source: www.theguardian.com

Ex-priest Laurence Soper guilty of sexually abusing boys – BBC News

Posted December 7th, 2017 in clergy, extradition, news, sexual offences by michael

‘Laurence Soper, 74, was extradited to face 19 charges of indecent and serious sexual assault against 10 former pupils at the independent St Benedict’s School in Ealing, where he taught.’

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BBC News, 6th December 2017

Source: www.bbc.co.uk

Sean Rigg death: Police will not face charges, CPS rules – BBC News

Posted December 7th, 2017 in death in custody, news, police, prosecutions by michael

‘Five police officers will not face prosecution after the death of a mentally ill man in custody, the Crown Prosecution Service (CPS) has ruled.’

 

 

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BBC News, 6th December 2017

Source: www.bbc.co.uk

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