Year: 2017

Insurers have ‘duty to speak’ in claims management, rules Court of Appeal – OUT-LAW.com

Posted September 14th, 2017 in appeals, claims management, insurance, news by sally

‘Insurers have a positive obligation to make their position plain with insureds in the course of managing claims, the Court of Appeal has ruled. This “duty to speak” arises from good faith obligations in normal commercial contracts and not because of the more onerous utmost good faith obligations in insurance contracts. Those additional obligations, however, may “enlarge the circumstances in which a duty to speak arises”.’

Full Story

OUT-LAW.com, 13th September 2017

Source: www.out-law.com

Team investigating anti-MP crime deals with 102 complaints in first year – The Guardian

Posted September 14th, 2017 in complaints, crime, harassment, news, parliament, racism by sally

‘A specialist police team set up to investigate crimes against MPs has dealt with 102 complaints in its first year of operation.’

Full Story

The Guardian, 14th September 2017

Source: www.theguardian.com

Prison ‘reboot’ may free up 7,000 prison places, says thinktank – The Guardian

Posted September 14th, 2017 in criminal justice, news, prisons, probation, rehabilitation, reports by sally

‘A “reboot” of the government’s “rehabilitation revolution”, including the early release of well-behaved prisoners, could free up more than 7,000 prison places, according to the latest report from a centre-right thinktank.’

Full Story

The Guardian, 14th September 2017

Source: www.theguardian.com

Ian Paterson: Spire Healthcare to pay out £27.2m to victims of rogue breast surgeon – Daily Telegraph

Posted September 14th, 2017 in compensation, health, insurance, medical treatment, news, victims by sally

‘Hundreds of NHS patients who suffered at the hands of rogue cancer surgeon Ian Paterson will have been paid more in compensation for their trauma than his private patients, it has emerged. Around 750 private patients operated on by the disgraced surgeon will receive a total of £37.2 million for the physical and psychological pain they suffered undergoing unnecessary treatment, it was announced yesterday.’

Full Story

Daily Telegraph, 13th September 2017

Source: www.telegraph.co.uk

Samim Bigzad: Home Office ‘violates court order’ to deport Afghan man threatened with beheading to Kabul – The Independent

Posted September 14th, 2017 in deportation, government departments, illegality, immigration, news by sally

‘The Home Office has been accused of violating a court order to deport an Afghan man threatened with beheading by the Taliban.’

Full Story

The Independent, 13th September 2017

Source: www.independent.co.uk

Prisoner ‘trapped’ in jail for 11 years to be released – BBC News

Posted September 14th, 2017 in mental health, news, prisons, sentencing by sally

‘A man who has served 11 years in prison for what was a 10-month sentence is to be released, the Parole Board has said. James Ward was sentenced under Imprisonment for Public Protection (IPP), after he set fire to his bed while in jail for actual bodily harm. The 33-year-old has mental health problems and has regularly self-harmed while serving his indefinite sentence.’

Full Story

BBC News, 14th September 2017

Source: www.bbc.co.uk

Rashan Charles: Officer involved in restraining man whose death sparked protests faces gross misconduct probe – Daily Telegraph

Posted September 14th, 2017 in complaints, misfeasance in public office, news, police, restraint by sally

‘The police officer who initially restrained a man whose death sparked violent street protests is being investigated for gross misconduct, the police watchdog has said.’

Full Story

Daily Telegraph, 13th September 2017

Source: www.telegraph.co.uk

Driver who ploughed into cyclists after spraying them with windscreen wash is jailed – The Independent

Posted September 14th, 2017 in bicycles, dangerous driving, disqualification, news, sentencing by sally

‘A road-rage driver has been jailed after being found guilty of deliberately swerving into a group of cyclists – including two children.’

Full Story

The Independent, 13th September 2017

Source: www.independent.co.uk

Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK

Posted September 13th, 2017 in Church of England, ecclesiastical law, listed buildings, news, planning by sally

‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’

Full Story

Law & Religion UK, 13th September 2017

Source: www.lawandreligionuk.com

Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by sally

‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk

Predatory paedophile has his sentence increased by 3 years – Attorney General’s Office

Posted September 13th, 2017 in appeals, attorney general, child abuse, imprisonment, internet, pornography, press releases, sentencing, sexual offences by sally

‘Abingdon man who used fake online profiles to abuse children has his sentence increased by the Court of Appeal.’

Full press release

Attorney General’s Office, 12th September 2017

Source: www.gov.uk/ago

BAILII: Recent Decisions

Posted September 13th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 (12 September 2017)

Mulugeta Guadie Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2017] EWCA Civ 1326 (12 September 2017)

Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 (12 September 2017)

High Court (Chancery Division)

A & Ors v D & Ors [2017] EWHC 2222 (Ch) (12 September 2017)

High Court (Queen’s Bench Division)

Montpelier Business Reorganisation Ltd v Jones & Ors [2017] EWHC 2273 (QB) (12 September 2017)

Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)

Source: www.bailii.org

Landmark appeal judgment dents libel threshold hopes – Law Society’s Gazette

Posted September 13th, 2017 in appeals, defamation, freedom of expression, media, news, publishing, statutory interpretation by sally

‘A Court of Appeal ruling has dealt a blow to hopes that the 2013 Defamation Act would raise the bar to libel actions in England and Wales courts. In Bruno Lachaux v Independent Print Limited and Evening Standard Limited, and Bruno Lachaux v AOL (UK) Limited, the court dismissed an appeal by publishers against a High Court finding that a French national living in Dubai had been caused “serious harm” by the publication of allegations by his former wife.’

Full Story

Law Society's Gazette, 12th September 2017

Source: www.lawgazette.co.uk

Deadline day dispute after claimant serves in final moments – Law Society’s Gazette

Posted September 13th, 2017 in civil procedure rules, documents, news, service, time limits by sally

‘The High Court has made yet another attempt to clarify rules around service of claim after a dispute over deadlines in a personal injury case.’

Full Story

Law Society's Gazette, 13th September 2017

Source: www.lawgazette.co.uk

Judge attacks Department for Work and Pensions for failing to tackle benefits cheats – Daily Telegraph

Posted September 13th, 2017 in benefits, delay, fraud, government departments, judges, news by sally

‘A judge has attacked the Department for Work and Pensions for failing to tackle benefits cheats and said he thinks they should be forced to pay back money sooner.’

Full Story

Daily Telegraph, 12th September 2017

Source: www.telegraph.co.uk

Betting firms could be fined over ads ‘targeting vulnerable people’ – The Guardian

Posted September 13th, 2017 in advertising, fines, gambling, news, standards by sally

‘Four betting firms could face fines over adverts disguised as news articles that “targeted vulnerable people” with claims about a gambler who cleared his debts and paid for his wife’s medical treatment by playing online casino games.’

Full Story

The Guardian, 13th September 2017

Source: www.theguardian.com

Song labelling gay couple ‘fairy’ and ‘fag’ is not homophobic, court rules – The Independent

Posted September 13th, 2017 in appeals, Crown Prosecution Service, hate crime, London, magistrates, news, public interest, sexual orientation discrimination, threatening behaviour by sally

‘A song labelling gay men as “fairies” and “fags” is not homophobic, a court has ruled.’

Full Story

The Independent, 12th September 2017

Source: www.independent.co.uk

Duchy of Cornwall residents fight ‘unfair’ freehold ban – The Guardian

Posted September 13th, 2017 in consultations, enfranchisement, historic buildings, housing, landlord & tenant, leases, news by sally

‘Prince Charles’s £1bn Duchy of Cornwall estate is facing a rebellion by residents who claim they are subject to an unfair ban on buying the freeholds to their homes.’

Full Story

The Guardian, 11th September 2017

Source: www.theguardian.com

Czech slaves gang forced Plymouth victim to lie – BBC News

Posted September 13th, 2017 in evidence, forced labour, gangs, imprisonment, news, perverting the course of justice, sentencing, trials, witnesses by sally

‘Four gang members have been jailed for forcing a slavery victim to withdraw evidence, causing a trial to collapse.’

Full Story

BBC News, 12th September 2017

Source: www.bbc.co.uk

Rooney traveller family jailed for modern slavery offences – BBC News

Posted September 13th, 2017 in assault, conspiracy, forced labour, fraud, imprisonment, news, sentencing, theft, trafficking in human beings by sally

‘Nine members of a traveller family who kept workers in squalid conditions in caravans have been jailed for modern day slavery offences.’

Full Story

BBC News, 12th September 2017

Source: www.bbc.co.uk