Jack Adcock: Doctor struck off over six-year-old’s death – BBC News

‘A doctor who was found guilty of manslaughter by gross negligence over the death of a six-year-old boy has been struck off.’

Full Story

BBC News, 25th January 2018

Source: www.bbc.co.uk

Obviousness – Hospira v Cubist Appeal – NIPC Law

Posted January 25th, 2018 in appeals, intellectual property, medicines, news, patents by tracey

‘Daptomycin is an antibiotic used to treat systemic and life-threatening infections caused by multiple drug resistant bacteria. Its effectiveness depends on its purity. The invention for which the patent in suit was granted was a way of purifying the antibiotic. In Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016), Hospira UK Ltd, (a British subsidiary of Pfizer) sought the revocation of that patent. Mr Justice Henry Carr found that the patent was invalid and ordered its revocation. Cubist Pharmaceuticals LLC (a subsidiary of Merck & Co.) appealed against that judgment and order in Hospira UK Ltd v Cubist Pharmaceuticals LLC [2018] EWCA Civ 12 (18 Jan 2018).’

Full Story

NIPC Law, 24th January 2018

Source: nipclaw.blogspot.co.uk

Judge rejects challenge to decision that 9-year-old was not a “child in need” – Local Government Lawyer

Posted January 25th, 2018 in children, housing, local government, news by tracey

‘A High Court judge has dismissed a claim for judicial review over a decision of Birmingham City Council that a child was not a “child in need” for the purposes of section 17 of the Children Act 1989.’

Full Story

Local Government Lawyer, 25th January 2018

Source: www.localgovernmentlawyer.co.uk

Court rejects challenge to LGO finding on personal injury awards and care needs – Local Government Lawyer

Posted January 25th, 2018 in compensation, local government, news, personal injuries, social services by tracey

‘The High Court has rejected as “totally without merit” a challenge brought by a council to a finding by the Local Government and Social Care Ombudsman (LGO) that the authority could not take into account a woman’s personal injury award when carrying out an assessment of her finances.’

Full Story

Local Government Lawyer, 25th January 2018

Source: www.localgovernmentlawyer.co.uk

Disclosure – Joint statement from Alison Saunders, Director of Public Prosecutions and Sara Thornton, Chair of the National Police Chiefs’ Council – Crown Prosecution Service

‘”Today we met with Chief Constables to discuss further how we can improve the disclosure process.’

Press release

Crown Prosecution Service, 24th January 2018

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2018 in legislation by tracey

The Wireless Telegraphy (Licence Award) Regulations 2018

The Merchant Shipping (Safety Rules and Standards for Passenger Ships) (Miscellaneous Amendments) Regulations 2018

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2018

The Help–to–Save Accounts Regulations 2018

The Plant Health (England) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 25th, 2018 in law reports by tracey

Supreme Court

Gibson, R (on the application of) v Secretary of State for Justice [2018] UKSC 2 (24 January 2018)

Haralambous, R (on the application of) v Crown Court at St Albans & Anor [2018] UKSC 1 (24 January 2018)

Court of Appeal (Civil Division)

Mundy v Sloane Stanley Estate [2018] EWCA Civ 35 (24 January 2018)

SM (Afghanistan) v The Secretary of State for the Home Department [2018] EWCA Civ 32 (24 January 2018)

High Court (Administrative Court)

Stewart, R (On the Application Of) v Birmingham City Council [2018] EWHC 61 (Admin) (24 January 2018)

KP JR Management Company Ltd, R (On the Application Of) v London Borough of Richmond Upon Thames [2018] EWHC 84 (Admin) (24 January 2018)

High Court (Chancery Division)

Ward (Liquidator of Brady Property Developments Ltd) v Hutt & Ors [2018] EWHC 77 (Ch) (24 January 2018)

High Court (Commercial Court)

Recovery Partners GB Ltd & Anor v Rukhadze & Ors [2018] EWHC 95 (Comm) (24 January 2018)

Source: www.bailii.org

UK courts back Petrofac boss in Italian insider trading row – Daily Telegraph

Posted January 25th, 2018 in appeals, bribery, foreign jurisdictions, fraud, insider dealing, news by tracey

‘The UK courts have backed Petrofac boss Ayman Asfari in his battle against Italian insider trading allegations by ruling that he was not served notice of the charges leveled against him by the Italian authorities. The High Court ruling backs Mr Asfari’s claim that the shock sanctions leveled against him last summer by the Italian authorities did not follow due process, meaning he was unable to defend himself against the charges before they were imposed.’

Full Story

Daily Telegraph, 24th January 2018

Source: www.telegraph.co.uk

Landmark leasehold case fails to slash extension costs – The Guardian

Posted January 25th, 2018 in appeals, costs, leases, news by tracey

‘Campaigners have failed in a long-running legal battle to slash leasehold costs after the court of appeal ruled in favour of a major London freeholder. The case, Mundy v the Sloane Stanley Estate, involved a small flat in Chelsea where the lease had fallen to less than 23 years and the freeholder was seeking £420,000 to agree an extension.’

Full Story

The Guardian, 24th January 2018

Source: www.theguardian.com

Lorry driver who killed father-of-two in crash when he had a coughing fit at the wheel escapes prosecution – Daily Telegraph

Posted January 25th, 2018 in accidents, news, prosecutions, road traffic by tracey

‘A lorry driver who killed a father-of-two when he had a coughing fit at the wheel has escaped prosecution.’

Full Story

Daily Telegraph, 24th January 2018

Source: www.telegraph.co.uk

UK sick pay legislation is in breach of EU law – The Independent

Posted January 25th, 2018 in EC law, news, remuneration, self-employment, sick leave, social security by tracey

‘Statutory sick pay and social protections for jobless and self-employed people in the UK are in breach of legal obligations under European law, the Council of Europe has found.’

Full Story

The Independent, 24th January 2018

Source: www.independent.co.uk

Police told Worboys’ victims he would not be charged with more attacks as he’s ‘unlikely to get fair trial’ Police told Worboys’ victims he would not be charged with more attacks as he’s ‘unlikely to get fair trial’ – Daily Telegraph

Posted January 25th, 2018 in news, police, recidivists, release on licence, sexual offences, trials, victims by tracey

‘Police told victims of John Worboys that he would not be charged with more sex attacks because he would not get a fair trial, a letter has shown.’

Full Story

Daily Telegraph, 24th January 2018

Source: www.telegraph.co.uk

Paul Playle jailed for stalking wife for two years – BBC News

Posted January 25th, 2018 in families, harassment, news, sentencing, stalking by tracey

‘A “calculating and cruel” husband who stalked his own wife for two years has been jailed.’

Full Story

BBC News, 24th January 2018

Source: www.bbc.co.uk

Press regulator Ipso faces first legal challenges to rulings – The Guardian

Posted January 25th, 2018 in complaints, judicial review, media, news, racism by tracey

‘The Independent Press Standards Organisation is facing the first legal challenges to its rulings, including one over a column in the Sun that referred to “the Muslim problem”.

Full Story

The Guardian, 24th January 2018

Source: www.theguardian.com

Criminal allegations against the dead – Law & Religion UK

Posted January 24th, 2018 in child abuse, Church of England, clergy, confidentiality, evidence, news, sexual offences by tracey

‘On 22 January 2018, the House of Lords debated the naming of deceased individuals against whom criminal allegations have been made, for which specific reference was made to the Carlile Report on the handling of the Bishop George Bell issue. This was particularly timely in view of the controversy that has arisen relating to the Church of England’s position relating to confidentiality.’

Full Story

Law & Religion UK, 24th January 2018

Source: www.lawandreligionuk.com

MPs begin inquiry into effectiveness of working at height rules – OUT-LAW.com

Posted January 24th, 2018 in consultations, health & safety, industrial injuries, news, sentencing by tracey

‘Construction firms and trade bodies have been urged to contribute to a new inquiry into best practice and solutions for tackling serious injury and fatalities for working at height.’

Full Story

OUT-LAW.com, 23rd January 2018

Source: www.out-law.com

Sub-contractor insolvency – what lengths would you go to? – Practical Law: Construction Blog

Posted January 24th, 2018 in construction industry, contracts, insolvency, news by tracey

‘Over the past few months, a number of large construction companies have been making headlines for facing severe financial difficulties. However, sub-contractor insolvency can also cause considerable problems for other parties on construction projects who have contractual relations with that party.’

Full Story

Practical Law: Construction Blog, 24th January 2018

Source: constructionblog.practicallaw.com

Practical consequences of misconduct panel liability for discrimination – UK Police Law Blog

Posted January 24th, 2018 in disability discrimination, disciplinary procedures, immunity, news, police by tracey

‘What are the practical consequences of the removal of judicial immunity for police misconduct panels in discrimination cases? This article considers that the acts that give rise to a cause of action, the common scenarios in which these could arise and the practical steps to take to address or avoid such issues.’

Full Story

UK Police Law Blog, 23rd January 2018

Source: ukpolicelawblog.com

Secretary of State’s oral statement on Transparency of the Parole Board and Victim Support – Ministry of Justice

Posted January 24th, 2018 in parole, press releases, victims by tracey

‘Rt Hon David Gauke MP, the Lord Chancellor and Secretary of State for Justice, has today delivered an Oral Statement to the House of Commons on transparency of the Parole Board and victim support.’

Full press release

Ministry of Justice, 19th January 2018

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

Speech by Sir Geoffrey Vos, Chancellor of the High Court: Speech to Chancery Bar Association Annual Conference – Courts and Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: Speech to Chancery Bar Association Annual Conference.’

Full speech

Courts and Tribunals Judiciary, 19th January 2018

Source: www.judiciary.gov.uk