MPs call for urgent ban on pensions cold calling – OUT-LAW.com

Posted December 13th, 2017 in bills, financial advice, news, select committees, telecommunications by sally

‘The House of Commons Work & Pensions committee has urged the government to accelerate plans to ban pensions cold calling and provide better guidance to pensioners on their options.’

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OUT-LAW.com, 12th December 2017

Source: www.out-law.com

Asbestos documents must be disclosed to pressure group, High Court rules – Litigation Futures

Posted December 13th, 2017 in asbestos, disclosure, news, public interest by sally

‘A huge collection of documents, including “those relating to the history and development of knowledge in the 20th century about the risks of asbestos”, must be disclosed to the public, the High Court has ruled.’

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Litigation Futures, 13th December 2017

Source: www.litigationfutures.com

Inadequate inquest following a police chase quashed after almost 20 years – UK Human Rights Blog

Posted December 13th, 2017 in accidents, inquests, news, police, road traffic by sally

‘On 5th December 2017, the Divisional Court gave judgment in Power v HM Senior Coroner for Inner London [2017] EWHC 3117 (Admin), directing that an inquest held in 1998 into a road traffic accident following a police chase had been insufficient and a fresh inquest needed to be held.’

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UK Human Rights Blog, 12th December 2017

Source: ukhumanrightsblog.com

Evidence of children and vulnerable witnesses: Part 2 – Family Law

Posted December 13th, 2017 in children, elderly, mental health, news, witnesses by sally

‘The first article in this series of two dealt with circumstances where particular arrangements might be appropriate for children and vulnerable as witnesses in family proceedings. This article looks at the type of measure which the court can provide for such witnesses; and at how these measures are dealt with in common law and under statutory provision. As mentioned at the end of this article, the funding of assessment for, and thus the effective operation of, such measures is not something the Lord Chancellor and his Ministry of Justice seems fully – or at all? – to have put their minds to.’

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Family Law, 12th December 2017

Source: www.familylaw.co.uk

Council criticised for failure to provide suitable education to boy with SEN – Local Government Lawyer

Posted December 13th, 2017 in local government, news, ombudsmen, special educational needs by sally

‘The Local Government and Social Care Ombudsman has criticised Essex County Council for failing to provide suitable education to a boy with special educational needs (SEN) for two terms after he stopped attending his special school.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Privacy and the Princess – Transparency Project

Posted December 13th, 2017 in divorce, freedom of expression, human rights, matrimonial home, news, privacy by sally

‘Once upon a time, His Royal Highness Louis Xavier Marie Guillaume, Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma married Tessy Antony, now Her Royal Highness Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma. Unfortunately, they did not live happily ever after, as, after 11 years of marriage and two children, they are now divorcing in the High Court in London.’

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Transparency Project, 11th December 2017

Source: www.transparencyproject.org.uk

Indefinite Detention and the Rule of Law – UK Human Rights Blog

Posted December 13th, 2017 in deportation, detention, immigration, news, rule of law, time limits by sally

‘On 1 December 2017 an event in Temple Church with the Bar Council in collaboration with Refugee Tales, an outreach project whose aim is to see the end of indefinite immigration detention, saw an announcement of new recommendations for reform of the system of immigration detention.’

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UK Human Rights Blog, 12th December 2017

Source: ukhumanrightsblog.com

Woman jailed after her dog attacked 12 children at playground in Blyth – The Guardian

Posted December 13th, 2017 in dogs, guilty pleas, news, sentencing by sally

‘A woman has been jailed for four years after her dog ran into a playground and attacked 12 children.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Broker fined £4m by FCA over ‘truly independent’ claim – OUT-LAW.com

Posted December 13th, 2017 in financial regulation, fines, insurance, news, subsidiary companies by sally

‘An insurance broker has been fined over £4 million by the Financial Conduct Authority (FCA) for failing to adequately manage potential conflicts of interest involving its parent company.’

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OUT-LAW.com, 12th December 2017

Source: www.out-law.com

Caspian Pizza Appeal – Caspian Pizza Ltd and Others v Shah and Another – NIPC Law

Posted December 13th, 2017 in food, news, trade marks, trade names by sally

‘In Caspian Pizza Ltd and Others v Shah and Another [2015] EWHC 3567 (IPEC) (9 Dec 2015) Judge Hacon dismissed a claim for trade mark infringement and passing off. The trade marks relied upon were the device mark that appears above and the word mark CASPIAN. The judge declared the word mark invalid because the defendants had run a restaurant called “CASPIAN” in another part of the country which constituted an “earlier right” within the meaning of s.5 (4) of the Trade Marks Act 1994. However, he did not declare the device mark invalid on the ground that the defendants had no goodwill in the running chef logo. I blogged about the case in Caspian Pizza Ltd and Others v Shah and Another on 24 Jan 2016.’

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NIPC Law, 12th December 2017

Source: nipclaw.blogspot.co.uk

Ombudsman called in after death of 12th immigration detainee – The Guardian

Posted December 13th, 2017 in death in custody, detention, immigration, news, ombudsmen by sally

‘An investigation has been launched after the death of a 12th immigration detainee this year.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Watchdog concerned that government plans for the Data Protection Bill threaten its independence – OUT-LAW.com

Posted December 12th, 2017 in bills, data protection, news by sally

‘The UK’s data protection watchdog has raised concerns that proposed new UK laws threaten its ability to operate independently of the government.’

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OUT-LAW.com, 11th December 2017

Source: www.out-law.com

Court of Appeal finds firm negligent for failing to warn over risk of tax avoidance scheme – Legal Futures

Posted December 12th, 2017 in appeals, law firms, negligence, news, solicitors, tax avoidance by sally

‘A firm of solicitors should have warned a client of the significant risk that a tax avoidance scheme would not withstand a challenge from HM Revenue & Customs (HMRC), the Court of Appeal has ruled.’

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Legal Futures, 12th December 2017

Source: www.legalfutures.co.uk

How the Prisoner Voting Debate Finally Came to a Close – Rights Info

Posted December 12th, 2017 in elections, electoral register, human rights, news, prisons by sally

‘Former PM David Cameron once said that the thought of giving prisoners the vote made him feel “physically sick.” It was just one comment, but it’s reflective of just how emotive the debate over prisoner voting has been.’

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Rights Info, 12th December 2017

Source: rightsinfo.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 12th, 2017 in legislation by Verity

The Drug Dealing Telecommunications Restriction Orders Regulations 2017

The Index of Company Names (Listed Bodies) Order 2017

The Charitable Incorporated Organisations (Conversion) Regulations 2017

The Corporate Interest Restriction (Consequential Amendments) Regulations 2017

The Corporate Interest Restriction (Financial Statements: Group Mismatches) Regulations 2017

The Indirect Taxes (Notifiable Arrangements) Regulations 2017

The Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017

The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2017

The Renewables Obligation (Amendment) Regulations 2017

The National Citizen Service Act 2017 (Commencement No. 1) Regulations 2017

The Administrative Forfeiture of Terrorist Cash and Terrorist Money Held in Bank and Building Society Accounts (Cash and Account Forfeiture Notices) Regulations 2017

The Proceeds of Crime Act 2002 (Administrative Forfeiture Notices) (England and Wales and Northern Ireland) Regulations 2017

The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2017

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2017

The Plant Health (England) (Amendment) (No. 2) Order 2017

The Fishing Boats Designation (England) (Amendment) Order 2017

The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017

The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017

The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017

Source: www.legislation.gov.uk

Fraud office future secure as government eyes economic crime reform – Law Society’s Gazette

Posted December 12th, 2017 in crime, fraud, national crime agency, news, Serious Fraud Office by sally

‘The future of the Serious Fraud Office has been secured under plans aimed at tackling economic crime – though it will have to answer to a newly created oversight body.’

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Law Society's Gazette, 11th December 2017

Source: www.lawgazette.co.uk

Government fights back in judges’ pension row – Law Society’s Gazette

Posted December 12th, 2017 in appeals, employment tribunals, judiciary, news, pensions by sally

‘The Employment Appeal Tribunal has begun hearing the government’s challenge to a ruling that its transitional pension arrangements for 210 judges amount to unlawful age discrimination.’

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Law Society's Gazette, 11th December 2017

Source: www.lawgazette.co.uk

Priest jailed for child abuse images lived on scandal-hit Caldey Island – The Guardian

Posted December 12th, 2017 in child abuse, clergy, indecent photographs of children, news, Wales by sally

‘A priest who was jailed for downloading hundreds of pictures of child sexual abuse is the latest offender to be identified as having close links with the monastic island of Caldey, which is at the centre of a growing scandal.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

Child friendly courts: what we can learn from America – Legal Voice

Posted December 12th, 2017 in children, courts, family courts, news, victims, witnesses, young persons by sally

‘At the tender age of seven, I was faced with the prospect of having to go to court to give evidence. Fortunately, the case settled and I was spared the ordeal of going to court, but I will never forget the endless sleepless nights and distress I felt at the thought of it. The experience made me determined to do whatever I could when I was older to prevent any other child feeling this way.’

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Legal Voice, 11th December 2017

Source: www.legalvoice.org.uk