Suitability and PSED – Nearly Legal

Posted January 26th, 2017 in appeals, disabled persons, equality, housing, mental health, news by sally

‘London Borough of Hackney v Haque [2017] EWCA Civ 4. In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty).’

Full story

Nearly Legal, 24th January 2017

Source: www.nearlylegal.co.uk

SARs and Legal Professional Privilege – Panopticon

Posted January 26th, 2017 in company directors, data protection, electronic mail, news, privilege by sally

‘It’s fair to say that the Supreme Court’s Brexit judgment has taken some attention from other legal developments of the day, but Holyoake v (1) Candy (2) CPC Group Limited [2017] EWHC 52 is another significant judgment on the scope of the subject access right under s.7 DPA.’

Full story

Panopticon, 25th January 2017

Source: www.panopticonblog.com

Pedestrian -v- car : RTA case summary – Zenith PI Blog

Posted January 26th, 2017 in alcohol abuse, careless driving, negligence, news by sally

‘Wooldridge v George (2017) QBD (Judge Walden-Smith) 23/01/2017. The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

Full story

Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

Publishing prices: SRA to start with divorce, wills, conveyancing and simple SME work – Legal Futures

‘The Solicitors Regulation Authority (SRA) is planning to require law firms to publish their fees for services such as divorce, wills or conveyancing, it has emerged.’

Full story

Legal Futures, 26th January 2017

Source: www.legalfutures.co.uk

Regulator urged to rethink bar training reforms – Law Society’s Gazette

Posted January 26th, 2017 in barristers, consultations, examinations, legal education, news by sally

‘The Bar Council has criticised Bar Standards Board proposals for alternative ways of qualifying, claiming its consultation into future training at the bar misses a ‘long-awaited opportunity for reform’. It also dismisses the need for a central exam along the lines of the solicitors qualifying examination.’

Full story

Law Society’s Gazette, 25th January 2017

Source: www.lawgazette.co.uk

Army brigadier becomes most senior officer to appear at court martial in 65 years – Daily Telegraph

Posted January 26th, 2017 in armed forces, benefits, courts martial, education, families, married persons, news by sally

‘An Army brigadier has become the most senior officer to appear before a court martial in 65 years as he admitted breaking rules when he claimed money for his sons’ school fees.’

Full story

Daily Telegraph, 25th January 2017

Source: www.telegraph.co.uk

MoJ launches inquiry after record number of prison suicides in 2016 – The Guardian

Posted January 26th, 2017 in bills, inquiries, mental health, news, police, prisons, suicide, violent disorder by sally

‘The Ministry of Justice has launched an internal inquiry into the mental health backgrounds of prisoners who killed themselves, as new figures are expected to reveal that 2016 was a record high for self-inflicted deaths across prisons in England and Wales.’

Full story

The Guardian, 25th January 2017

Source: www.guardian.co.uk

Taxi driver who refused to take guide dog is fined – BBC News

Posted January 26th, 2017 in costs, disabled persons, equality, fines, news, taxis by sally

‘A taxi driver who refused to carry a guide dog because he claimed it was against his religion has been fined for breaching equality laws.’

Full story

BBC News, 25th January 2017

Source: www.bbc.co.uk

Police force which lost vital evidence into toddler Poppi Worthington’s death, failed other youngsters too, watchdog reveals – Daily Telegraph

Posted January 26th, 2017 in children, evidence, news, police, reports, social services by sally

‘A “troubled” police force heavily criticised after the death of 13-month-old Poppi Worthington needs “immediate” improvement in order to protect children, watchdogs have said.’

Full story

Daily Telegraph, 26th January 2017

Source: www.telegraph.co.uk

Company director jailed for rape 26 years later after DNA match when he is arrested over row with teenagers – Daily Telegraph

Posted January 26th, 2017 in assault, DNA, news, rape, sentencing by sally

‘A businessman has been jailed for raping a woman 26 years ago after police linked him to the crime when he was arrested and had his DNA taken following a row with a group of rowdy teenagers outside his £500,000 home.’

Full story

Daily Telegraph, 25th January 2017

Source; www.telegraph.co.uk

Students took equivalent of 300 cups of coffee in botched experiment – The Independent

Posted January 26th, 2017 in costs, fines, health & safety, medical treatment, news, universities by sally

‘A British university has been fined £400,000 after two of its students were left fighting for their lives following a botched science experiment.’

Full story

The Independent, 25th January 2017

Source: www.independent.co.uk

EVENT: Discrimination Law Association AGM – The Role of the Equality and Human Rights Commission

Posted January 25th, 2017 in Forthcoming events by sally

‘We are delighted that David Isaac CBE, recently appointed Chair of the Equality and Human Rights Commission, has agreed to be the guest speaker at our AGM. Non-members are welcome to attend this event but only DLA members will be able to vote in the election for the Executive Committee.

Wine, soft drinks and nibbles will be provided, and we would be grateful if you would let us know at info@discriminationlaw.org.uk if you are planning to attend.

The conference room at 7BR has an induction loop, wheelchair access and accessible cloakroom facilities. If you have any individual access requirements, such as large print or electronic access to documents, please contact Chris Atkinson at the DLA office or info@discriminationlaw.org.uk’

Date: 6th February 2017, 6:00pm

Location: 7BR Chambers, 7 Bedford Row, London WC1R 4BS

Charge: Free

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2017 in legislation by sally

The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2017

The Bank of England and Financial Services Act 2016 (Commencement No. 4 and Saving Provision) Regulations 2017

The School Information (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 25th, 2017 in law reports by sally

Supreme Court

Miller & Anor, R (on the application of) v Secretary of State for Exiting the European Union [2017] UKSC 5 (24 January 2017)

Court of Appeal (Civil Division)

Adesokan v Sainsbury’s Supermarkets Ltd [2017] EWCA Civ 22 (24 January 2017)

Bezeliansky v Bezelianskaya [2016] EWCA Civ 76 (24 January 2017)

Williams v Surrey Heath Borough Council [2017] EWCA Civ 23 (24 January 2017)

Pickering & Ors v Davy [2017] EWCA Civ 30 (24 January 2017)

Saleh v Director of the Serious Fraud Office [2017] EWCA Civ 18 (23 January 2017)

Irish Bank Resolution Corporation Ltd v Camden Market Holdings Corp & Ors [2017] EWCA Civ 7 (19 January 2017)

DZ (Eritrea), R (on the application of) v The Secretary of State for the Home Department [2017] EWCA Civ 14 (19 January 2017)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2017] EWCA Civ 5 (19 January 2017)

Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017)

Pickard v Marshall & Ors [2017] EWCA Civ 17 (19 January 2017)

Court of Appeal (Criminal Division)

Gor v R [2017] EWCA Crim 3 (20 January 2017)

Ordu v R [2017] EWCA Crim 4 (20 January 2017)

High Court (Administrative Court)

Iqbal, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) (24 January 2017)

Austin, R (on the application of) v Haulfryn Group Ltd & Anor [2017] EWHC 38 (Admin) (20 January 2017)

Abbas v General Medical Council [2017] EWHC 51 (Admin) (20 January 2017)

TN (Vietnam) & US (Pakistan), R (On the Applications Of) v Secretary of State for the Home Department & Anor (Rev 1) [2017] EWHC 59 (Admin) (20 January 2017)

Pakstys v Prosecutor General’s Office of the Republic of Lithuania [2017] EWHC 47 (Admin) (19 January 2017)

Auzins (No. 2) v Prosecutor-General’s Office of the Republic of Latvia [2017] EWHC 48 (Admin) (19 January 2017)

High Court (Chancery Division)

Thomas & Anor v Frogmore Real Estate Partners GP1 Ltd & Ors [2017] EWHC 25 (Ch) (17 January 2017)

High Court (Commercial Court)

Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) (20 January 2017)

High Court (Family Division)

N (Hague Convention: Habitual Residence), Re [2017] EWHC 63 (Fam) (24 January 2017)

K (Human Fertilisation And Embryology Act 2008) [2017] EWHC 50 (Fam) (19 January 2017)

P & Ors (Human Fertilisation And Embryology Act 2008) [2017] EWHC 49 (Fam) (19 January 2017)

High Court (Queen’s Bench Division)

Seery v Leathes Prior (a firm) [2017] EWHC 80 (QB) (24 January 2017)

Holyoake v Candy & Anor [2017] EWHC 52 (QB) (24 January 2017)

Hourani v Thomson & Ors [2017] EWHC 56 (QB) (20 January 2017)

AP v Tameside Metropolitan Borough Council [2017] EWHC 65 (QB) (20 January 2017)

Sandhu v HM Revenue and Customs [2017] EWHC 60 (QB) (20 January 2017)

Hewlett Packard Enterprise Company & Ors v Sage & Anor [2017] EWHC 66 (QB) (20 January 2017)

National Crime Agency v Khan & Ors [2017] EWHC 27 (QB) (20 January 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 54 (QB) (20 January 2017)

Richards v Devenish & Anor [2017] EWHC 37 (QB) (19 January 2017)

High Court (Technology and Construction Court)

Oldcorn & Anor v Southern Water Services Ltd [2017] EWHC 62 (TCC) (23 January 2017)

South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC) (19 January 2017)

Lloyds Bank Plc v McBains Cooper [2017] EWHC 30 (TCC) (18 January 2017)

Source: www.bailii.org

New sentencing guidelines for magistrates’ courts published – Sentencing Council

Posted January 25th, 2017 in magistrates, press releases, sentencing by sally

‘The Sentencing Council has published revised guidelines for offences in the Magistrates’ Court Sentencing Guidelines.
The guidelines apply to all offenders aged 18 and older who are sentenced on or after 24 April 2017, regardless of the date of the offence.’

Full press release

Sentencing Council, 24th January 2017

Source: http://sentencingcouncil.judiciary.gov.uk

Legal services at forefront of Global Britain – Ministry of Justice

‘A bold and bright future awaits the UK’s world-leading legal services as we prepare to leave the EU, Lord Chancellor Elizabeth Truss declared today.’

Full press release

Ministry of Justice, 19th January 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Government takes action on county line drug gangs – Home Office

‘The Home Secretary announces plans to crack down on ‘deal-lines’ used by county line drugs gangs.’

Full press release

Home Office, 22nd January 2017

Source: www.gov.uk/home-office

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

MoJ: employment tribunal fees review ‘imminent’ – Law Society’s Gazette

Posted January 25th, 2017 in employment tribunals, fees, Ministry of Justice, news by sally

‘The government’s long-awaited review into employment tribunal fees is “imminent”, MPs have been assured. However, the Ministry of Justice’s response to questions in the House of Commons today suggests the controversial fees will not be scrapped.’

Full story

Law Society’s Gazette, 24th January 2017

Source: www.lawgazette.co.uk

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

Full story

Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk