Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 15th, 2018 in appeals, energy, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

Full Story

Local Government Lawyer, 15th January 2018

Source: localgovernmentlawyer.co.uk

Exploring options over contact applications from transgender parents (Re M (Children) – Family Law

Posted January 15th, 2018 in appeals, contact orders, human rights, Judaism, news, transgender persons by tracey

‘Family analysis: How should the court manage the impact of discriminatory behaviour on a child when evaluating welfare? Lyndsey Sambrooks-Wright, a barrister at 2 Dr Johnson’s Buildings, discusses the Court of Appeal’s decision in Re M (Children).’

Full Story

Family Law, 12th January 2018

Source: www.familylaw.co.uk

Fraudster has home sold to pay compensation to company he stole £3million from – Crown Prosecution Service

Posted January 15th, 2018 in compensation, confiscation, fraud, press releases by tracey

‘A fraudster who stole millions of pounds from his employer to spend on lavish properties and jewellery has had his home in Kent sold for £2.7 million to pay as compensation to the company he defrauded.’

Full press release

Crown Prosecution Service, 15th January 2018

Source: www.cps.gov.uk

Surgeon sentenced for burning initials on patients’ livers – Crown Prosecution Service

‘A surgeon has pleaded guilty to assault by beating after burning his initials into the livers of two patients undergoing transplants.’

Full press release

Crown Prosecution Service, 12th January 2018

Source: www.cps.gov.uk

Speech by the Lord Chief Justice: Launch of the Business and Property Courts in Bristol – Courts and Tribunals Judiciary

Posted January 15th, 2018 in courts, judges, speeches by tracey

‘As many of you know I was Presiding Judge on the Western Circuit between 2011 and 2014 and so spent a good deal of time in this great city, including sitting on cases in this building. For that reason, it is a pleasure to be here this morning to launch the B & P courts in Bristol. Our laws and legal system have recently and very properly been described as ‘a vital national asset’. Our courts are central to that system. They contribute to our global influence and our national wealth. They secure that surest public good: the rule of law.’

Full speech

Courts and Tribunals Judiciary, 12th January 2018

Source: www.judiciary.gov.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: Launch of the Business and Property Courts in Bristol – Courts and Tribunals Judiciary

Posted January 15th, 2018 in courts, judges, speeches by tracey

‘First, as we leave the European Union, it is incredibly important that judges and lawyers alike can demonstrate that English law and the courts of England & Wales will continue to offer world class dispute resolution services. We cannot achieve this if we continue to use unintelligible and incomprehensible names and titles. As I said in London at the first of the 5 launches that have already taken place, we need to reach out to the users of these courts and to national and international business generally, so as to ensure that they understand what we are offering in terms of business and commercial litigation here in England and Wales. We need to make sure that these business users can easily understand the services we offer.’

Full speech

Courts and Tribunals Judiciary, 12th January 2018

Source: www.judiciary.gov.uk

John Worboys’ victims hope for reversal of decision to release him – The Guardian

Posted January 15th, 2018 in criminal justice, news, parole, probation, release on licence, victims by sally

‘Victims of the serial sex attacker John Worboys have welcomed a possible reversal of the Parole Board’s decision to release him this month amid growing calls at Westminster for a urgent review of the case.’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Property market braces for shockwaves from landmark leasehold case – The Guardian

Posted January 15th, 2018 in appeals, housing, leases, news by sally

‘One of Britain’s richest men, the Duke of Westminster, could see the value of his estates plummet this week if a landmark legal challenge is successful. The case could also benefit 2m households across England and Wales.’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Exclusive: Solicitors choose “practical and proportionate” BSB regulation in ABS first – Legal Futures

‘Solicitors setting up an alternative business structure (ABS) this month in Marlborough, Wiltshire, have chosen to be regulated by the Bar Standards Board (BSB).’

Full Story

Legal Futures, 12th January 2018

Source: www.legalfutures.co.uk

Another £400k penalty for a cyber security breach – Technology Law Update

Posted January 15th, 2018 in data protection, EC law, fines, news, penalties, telecommunications by sally

‘The Information Commissioner’s Office has imposed a £400,000 fine on mobile phone retailer Carphone Warehouse following a 2015 cyber attack. Originating from an IP address in Vietnam, the hack went on for 15 days before detection. It exposed the personal data of more than three million customers and 1,000 members of staff.’

Full Story

Technology Law Update, 11th January 2018

Source: www.technology-law-blog.co.uk

BAILII: Recent Decisions

Posted January 15th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Nwankwo & Anor v Secretary of State for the Home Department [2018] EWCA Civ 5 (12 January 2018)

Preston New Road Action Group v Secretary of State for Communities & Anor [2018] EWCA Civ 9 (12 January 2018)

Cyprus Popular Bank Public Co Ltd v Andreas Vgenopoulos & Ors [2018] EWCA Civ 1 (12 January 2018)

High Court (Administrative Court)

Boskovic, R (On the Application Of) v Chief Constable of Staffordshire Police [2018] EWHC 14 (Admin) (12 January 2018)

Legard, R (On the Application Of) v The Royal Borough of Kensington and Chelsea [2018] EWHC 32 (Admin) (12 January 2018)

Richborough Estates Ltd v Secretary of State for Housing, Communities And Local Government [2018] EWHC 33 (Admin) (12 January 2018)

High Court (Chancery Division)

W3 Ltd v Easygroup Ltd & Anor [2018] EWHC 7 (Ch) (12 January 2018)

Recall Support Services Ltd & Ors v Secretary of State for Business Innovation And Skills & Anor [2018] EWHC 30 (Ch) (12 January 2018)

Conway & Anor v Eze [2018] EWHC 29 (Ch) (12 January 2018)

High Court (Commercial Court)

Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 23 (Comm) (11 January 2018)

High Court (Queen’s Bench Division)

Neville & Ors v The Commissioner of Police of the Metropolis [2018] EWHC 20 (QB) (12 January 2018)

Sophocleous & Ors v Secretary of State for the Foreign And Commonwealth Office & Anor [2018] EWHC 19 (QB) (12 January 2018)

Foreman v Williams [2017] EWHC 3370 (QB) (21 December 2017)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2018 in legislation by tracey

The Finance Act 2017, Part 2 (Appointed Day) Regulations 2018

The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) (Amendment) Regulations 2018

The Aerosol Dispensers (Amendment) Regulations 2018

The Combined Authorities (Mayoral Elections) (Amendment) Order 2018

The Plant Health (Fees) (England) (Amendment) Regulations 2018

The Community Drivers’ Hours Offences (Enforcement) Regulations 2018

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

Trinidad waits on British judges’ death row ruling as murders soar – The Guardian

Posted January 15th, 2018 in appeals, death penalty, jurisdiction, news, Privy Council, Trinidad & Tobago by sally

‘Five British judges will this week consider whether a prisoner who may be mentally ill should remain on death row after a Caribbean court convicted him of murdering another inmate.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

Law Society to introduce training quality committee in wake of setbacks – Legal Futures

Posted January 15th, 2018 in Law Society, legal education, news, quality assurance, trainee solicitors by sally

‘The Law Society is to launch a new ‘quality and standards in education’ committee, after a year in which its training arrangements have come under sustained pressure.’

Full Story

Legal Futures, 12th January 2018

Source: www.legalfutures.co.uk

Householders could face fines for using fly-tippers – The Guardian

Posted January 15th, 2018 in environmental protection, fines, local government, news, waste by sally

‘Households whose rubbish ends up being dumped illegally by unauthorised disposal companies could face fines under plans being considered by the government.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

Serial mountain rescue faker who took a selfie while being winched to safety is jailed for 16 months – Daily Telegraph

Posted January 15th, 2018 in costs, emergency services, news, nuisance, sentencing by sally

‘As a means of attracting attention, staging accidents on various mountain ranges is not overly common. But that is likely to be of little consolation to the crews who have raced to the aid of Michael Cuminskey, a serial mountain rescue faker with a penchant for taking a selfie as he is winched to safety.’

Full Story

Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

Poppi Worthington inquest: Coroner to deliver finding – BBC News

Posted January 15th, 2018 in child abuse, children, inquests, news, sexual offences by sally

‘A coroner is due to deliver his conclusion into the 2012 death of toddler Poppi Worthington.’

Full Story

BBC News, 15th January 2018

Source: www.bbc.co.uk

MPs launch inquiry to consider tougher laws on sexual harassment – The Guardian

Posted January 15th, 2018 in harassment, inquiries, news, parliament, sex discrimination, sexual offences by sally

‘The government must urgently strengthen laws around sexual harassment to stop abuse continuing on “an industrial scale”, according to a coalition of MPs, union leaders and women’s groups.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com