It’s a hard life for under pressure costs judges after proportionality ruling bites the dust – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, costs, news, nuisance, proportionality by sally

‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Here’s Why You Need to Know About the Equality and Human Rights Commission – Rights Info

Posted January 8th, 2018 in Equality and Human Rights Commission, human rights, news by sally

‘If you’re following our work here at RightsInfo, the chances are you’re interested in following what’s going on with your human rights. So, you probably should know about the Equality and Human Rights Commission (EHRC).’

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Rights Info, 5th January 2018

Source: rightsinfo.org

Statutory interest paid by a company in administration must have tax deducted, says Court of Appeal – OUT-LAW.com

Posted January 8th, 2018 in appeals, banking, corporation tax, insolvency, interest, news, taxation by sally

‘Statutory interest paid by a company in administration on a surplus is ‘yearly interest’ for UK tax purposes and must therefore be paid after deduction of basic rate tax, the Court of Appeal has decided, overturning a previous decision of the High Court.’

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OUT-LAW.com, 5th January 2018

Source: www.out-law.com

Damages for Passing off – The National Guild of Removers & Storers Ltd. v Central Moves – NIPC Law

Posted January 8th, 2018 in appeals, damages, intellectual property, misrepresentation, news, trade unions by sally

‘This was an appeal by the National Guild of Removers & Storers (“NGRS”) against an award of £1,275 damages in its favour by District Judge Vary for passing off. By dismissing that appeal, His Honour Judge Hacon seems to have settled a 7 year controversy as to what should be the correct measure of damages for what is often an inadvertent misrepresentation of continued membership of the NGRS by a removal or storage business that no longer wishes to remain a member of that guild.’

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NIPC Law, 7th January 2018

Source: nipclaw.blogspot.co.uk

Costs judges reject claims for files by claimants wanting to challenge solicitors’ deductions – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, compensation, costs, disclosure, documents, news by sally

‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Triple killer Theodore Johnson jailed for 26 years – BBC News

Posted January 8th, 2018 in domestic violence, mental health, murder, news, recidivists, sentencing by sally

‘A man who killed three former partners has been jailed for a minimum of 26 years.’

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BBC News, 5th January 2018

Source: www.bbc.co.uk

Women should be told if new partner has abusive past, say victims’ groups – The Guardian

Posted January 8th, 2018 in bills, disclosure, domestic violence, news, police by sally

‘Victim support groups are calling on MPs to back a new law allowing police to take proactive measures to establish whether a serious offender has a new partner, and if so to inform them of his previous convictions. The call comes after the jailing of serial killer Theodore Johnson, 64, who strangled and battered his ex-girlfriend, Angela Best, 51. He was sentenced to life with a minimum of 26 years on Friday.’

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The Guardian, 6th January 2018

Source: www.theguardian.com

Changes to legal aid for victims of domestic abuse in force on Monday – Legal Aid Handbook

Posted January 8th, 2018 in children, domestic violence, evidence, legal aid, news, regulations, time limits by sally

‘Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook). Until the successful challenge to the original regulations by Rights of Women, there was a requirement that the evidence in support of the application had to be no more than 2 years old. Following the litigation, that was extended to 5 years.’

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Legal Aid Handbook, 7th January 2018

Source: legalaidhandbook.com

Unregistered Jewish schools prompt call for new laws – BBC News

Posted January 8th, 2018 in education, Judaism, news, reports, school children by sally

‘The government must act to help up to 1,500 ultra Orthodox Jewish boys going to unregistered schools in the London borough of Hackney, says a report.’

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BBC News, 5th January 2018

Source: www.bbc.co.uk

The perennial pantomime of ‘Divorce D Day’? – Family Law

Posted January 8th, 2018 in divorce, media, news by sally

‘January 8 is being dubbed “Divorce Day” by lawyers because of the spike in couples considering ending their marriages after the festive period’. So says a quality broadsheet. Well, it really ought to know better. Come to that, so should the Press Association announcing a story: ‘”Divorce Day” looms with sharp post-festive rise in couples considering split’.’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Former exec given suspended sentence for filming up women’s skirts – The Guardian

Posted January 8th, 2018 in mental health, news, sentencing, suspended sentences, voyeurism by sally

‘A former executive at an international entertainment company has been spared jail after he admitted filming up women’s skirts using a hidden camera.’

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The Guardian, 5th January 2018

Source: www.theguardian.com

Bob Spink handed suspended sentence over election fraud – BBC News

Posted January 8th, 2018 in community service, elections, fraud, news, suspended sentences by sally

‘An ex-Tory and UKIP MP has been given a suspended six-month prison term after being convicted of election fraud.’

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BBC News, 5th January 2018

Source: www.bbc.co.uk

Worboys case: Release of taxi rapist triggers parole review – BBC News

Posted January 8th, 2018 in disclosure, news, parole, rape, release on licence, sexual offences by sally

‘The way parole is considered is to be reviewed following the decision to release serial sex attacker John Worboys, the prime minister has said.’

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BBC News, 7th January 2018

Source: www.bbc.co.uk

Acid attacks: Major UK retailers ban acid sales to under-18s – Daily Telegraph

‘Under-18s will not be able to buy products containing harmful levels of acid or corrosive substances at a number of retailers, following the launch of a voluntary Government plan.’

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Daily Telegraph, 7th January 2018

Source: www.telegraph.co.uk

Police complaints process overhaul begins on Monday – BBC News

Posted January 8th, 2018 in complaints, news, police by sally

‘A major overhaul of the system of police complaints in England and Wales comes into effect on Monday.’

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BBC News, 8th January 2018

Source: www.bbc.co.uk

Government urged to ban nuisance calls and texts from claims firms – The Guardian

‘British consumers were bombarded with 2.2bn nuisance phone calls and texts from pensions, PPI and cash-for-crash claims firms last year, according to an analysis of Ofcom data.’

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The Guardian, 8th January 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 5th, 2018 in legislation by tracey

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017

The Transfer of Functions (International Development) Order 2017

The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017

The Registration (Entries of Overseas Births and Deaths) (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017

The Immigration Act 2016 (Consequential Amendments) (Licensing of Booking Offices: Scotland) Regulations 2017

The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2017

The Criminal Legal Aid (Amendment) Regulations 2017

The Care and Support (Deferred Payment) (Amendment) Regulations 2017

The Apprenticeships (Miscellaneous Provisions) Regulations 2017

The Town and Country Planning (Permission in Principle) (Amendment) Order 2017

The Building Societies (Restricted Transactions) (Amendment to the Limit on the Trade in Currencies) Order 2017

The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017

The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017

The Cremation (England and Wales) (Amendment) Regulations 2017

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017

The Ionising Radiation (Medical Exposure) Regulations 2017

The Blood Safety and Quality (Amendment) Regulations 2017

The Designation of Rural Primary Schools (England) Order 2017

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017

The Environmental Protection (Microbeads) (England) Regulations 2017

The Export Control (Syria and Libya Sanctions) (Amendment) Order 2017

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017

The Non-Domestic Rating (Rates Retention) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 5th, 2018 in law reports by tracey

Supreme Court

Hysaj & Ors, R (on the application of) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017)

Court of Appeal (Civil Division)

Farrar v Leongreen Ltd [2017] EWCA Civ 2211 (21 December 2017)

CN & Anor v Poole Borough Council [2017] EWCA Civ 2185 (21 December 2017)

The British Medical Association, R (on the application of) v General Medical Council & Or [2017] EWCA Civ 2191 (21 December 2017)

Burns v The Financial Conduct Authority [2017] EWCA Civ 2140 (21 December 2017)

Gilham v Ministry of Justice [2017] EWCA Civ 2220 (21 December 2017)

Prince Fahd Bin Abdul Aziz v Harb [2017] EWCA Civ 2215 (21 December 2017)

Court of Appeal (Criminal Division)

Kay v R [2017] EWCA Crim 2214 (21 December 2017)

High Court (Administrative Court)

D2M Solutions Ltd v Secretary of State for Communities and Local Government [2017] EWHC 3409 (Admin) (21 December 2017)

LG v The Independent Monitor [2017] EWHC 3327 (Admin) (21 December 2017)

Bicioc v Baia Mare Local Court, Romania [2017] EWHC 3391 (Admin) (21 December 2017)

Fox v Public Prosecutor’s Office of Frankfurt am Main Germany [2017] EWHC 3396 (Admin) (21 December 2017)

RF v Secretary of State for Work And Pensions [2017] EWHC 3375 (Admin) (21 December 2017)

Ilori, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 3355 (Admin) (21 December 2017)

Tirkey, R (on the Application of) v The Director of Legal Aid Casework & Anor [2017] EWHC 3403 (Admin) (21 December 2017)

Pillar-Neumann v Public Prosecutor’s Office of Klagenfurt [2017] EWHC 3371 (Admin) (21 December 2017)

J and L, R (on the application of) v London Borough of Hillingdon [2017] EWHC 3411 (Admin) (21 December 2017)

Gayle, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 3385 (Admin) (21 December 2017)

Sobczyk v Circuit Court In Katowice, Poland [2017] EWHC 3353 (Admin) (20 December 2017)

High Court (Chancery Division

Lifestyle Equities CV & Anor v Santa Monica Polo Club Ltd & Ors [2017] EWHC 3313 (Ch) (21 December 2017 )

Union Des Associations Européennes De Football v British Telecommunications Plc & Ors [2017] EWHC 3414 (Ch) (21 December 2017)

CPL Ltd v CPLl Opco (Trinidad) Ltd & Anor [2017] EWHC 3399 (Ch) (21 December 2017)

Sharp v Blank & Ors [2017] EWHC 3390 (Ch) (21 December 2017)

Nicoventures Holdings Ltd v The London Vape Company Ltd [2017] EWHC 3393 (Ch) (21 December 2017)

Ineos Upstream Ltd & Ors v Persons Unknown [2017] EWHC 3427 (Ch) (21 December 2017)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2017] EWHC 3374 (Comm) (22 December 2017)

Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd [2017] EWHC 3348 (Comm) (21 December 2017)

High Court (Patents Court)

The Black & Decker Corporation v Dvize BV [2017] EWHC 3387 (Pat) (21 December 2017)

High Court (Queen’s Bench Division)

Story v McLoughlin [2017] EWHC 3350 (QB) (21 December 2017)

High Court (Technology and Construction Court)

MLS (Overseas) Ltd v The Secretary Of State For Defence [2017] EWHC 3389 (TCC) (21 December 2017)

Source: www.bailii.org

Judge intervenes to stem ‘flood’ of costs challenges – Law Society’s Gazette

Posted January 5th, 2018 in costs, damages, law firms, news by tracey

‘The High Court has issued a second judgment in quick succession around file disclosure in a bid to stem the flow of satellite litigation against law firms.’

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Law Society's Gazette, 4th January 2018

Source: www.lawgazette.co.uk