“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by tracey

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

Full Story

Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

Radical new disclosure regime to ‘spell out’ lawyers’ duties – Law Society’s Gazette

Posted January 19th, 2018 in civil procedure rules, disclosure, news by tracey

‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’

Full Story

Law Society's Gazette, 18th January 2018

Source: www.lawgazette.co.uk

Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week

‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’

Full Story

Family Law Week, 18th January 2018

Source: www.familylawweek.co.uk

Hacker admits international cyber attacks – Crown Prosecution Service

Posted January 19th, 2018 in computer crime, guilty pleas, internet, sentencing by tracey

‘A hacker who was responsible for thousands of cyber-attacks on firms around the world including Skype and Google has been jailed for two years.’

Full press release

Crown Prosecution Service, 18th January 2018

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted January 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Hussain v General Pharmaceutical Council (Rev 1) [2018] EWCA Civ 22 (18 January 2018)

Easynet Global Services Ltd, Re [2018] EWCA Civ 10 (18 January 2018)

RAM (A Child), R (On the Application of v The Secretary of State for the Home Department [2018] EWCA Civ 18 (18 January 2018)

Trigg v HM Revenue & Customs [2018] EWCA 17 Civ (18 January 2018)

Monde Petroleum SA v Westernzagros Ltd [2018] EWCA Civ 25 (18 January 2018)

Teoco UK Ltd v) Aircom Jersey 4 Ltd & Anor [2018] EWCA Civ 23 (18 January 2018)

Court of Appeal (Criminal Division)

Lovell, R v [2018] EWCA Crim 19 (18 January 2018)

Alamgir & Ors, R v [2018] EWCA Crim 21 (18 January 2018)

High Court (Chancery Division)

Bakhshiyeva v Sberbank of Russia & Ors [2018] EWHC 59 (Ch) (18 January 2018)

High Court (Queen’s Bench Division)

UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

Source: www.bailii.org

Adoption a ‘runaway train often breaching rights of birth parents’ – The Guardian

Posted January 19th, 2018 in adoption, news, parental rights, social services by tracey

‘The British Association of Social Workers’s (BASW) independent adoption inquiry is the first to investigate the role of social workers in adoption with a focus on ethics and human rights and has called for a significant rethink and review of adoption law.’

Full Story

The Guardian, 18th January 2018

Source: www.theguardian.com

Liverpool prison has ‘worst conditions inspectors have seen’ – The Guardian

Posted January 19th, 2018 in health & safety, news, prisons, reports by tracey

‘Prison chiefs have been summoned next week to explain to MPs their “abject failure” over living conditions in Liverpool prison, which have been described by inspectors as the worst they can recall.’

Full Story

The Guardian, 19th January 2018

Source: www.theguardian.com

HMP Nottingham: Prisons inspector issues ‘urgent notification’ because inmates’ lives at risk – The Independent

Posted January 19th, 2018 in news, prisons, reports, self-harm, suicide by tracey

‘An “urgent notification” has been issued by the prisons watchdog for the first time because he warns lives are at risk at HMP Nottingham after inspectors deemed it a “fundamentally unsafe” jail.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Michael Barrymore: Pool death inquest bid blocked – BBC News

Posted January 19th, 2018 in attorney general, inquests, news by tracey

‘A bid for a fresh inquest into the death of a man at entertainer Michael Barrymore’s house in 2001 has been blocked by the attorney general.’

Full press release from Attorney General

Full Story

BBC News, 18th January 2018

Source: www.bbc.co.uk

No one innocent is in prison due to disclosure failures, claims DPP after string of rape cases collapse – The Independent

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, prosecutions by tracey

‘Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Falling forensic science standards ‘making miscarriages of justice inevitable’ – The Guardian

Posted January 19th, 2018 in forensic science, miscarriage of justice, news, police, reports by tracey

‘Police forces are failing to meet the official standards for forensic science, making miscarriages of justice inevitable, the government’s forensic regulator has said. In her annual report, Gillian Tully highlighted her growing concerns about the failure of some forensic firms used by the police to meet basic quality standards. It means innocent people could be wrongly convicted and offenders escaping justice.’

Full Story

The Guardian, 19th January 2018

Source: www.theguardian.com

Jaswant Rathore: ‘Arrogant’ GP jailed for sexual assaults – BBC News

Posted January 19th, 2018 in doctors, news, sentencing, sexual offences by tracey

‘An “arrogant” West Midlands GP has been jailed for 12 years after being convicted of using his position to sexually assault four female patients.’

Full Story

BBC News, 18th January 2018

Source: www.bbc.co.uk

Noel Conway: Terminally ill man wins right to challenge court ruling preventing ‘dignified death’ – The Independent

Posted January 19th, 2018 in appeals, assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A terminally ill man has won the right to continue battling for the right to a “peaceful and dignified death” in Britain’s courts.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Oxford University student cleared of rape charge as yet another case collapses days before trial begins – Daily Telegraph

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, rape by tracey

‘An Oxford University student has become the latest accused rapist to have his case dropped against him after two years on bail amid wider public concern about the actions of police and prosecutors.’

Full Story

Daily Telegraph, 18th January 2018

Source: www.telegraph.co.uk

UK training body took out superinjunction to block critical report – The Guardian

Posted January 18th, 2018 in education, injunctions, news, reports, select committees by sally

‘Britain’s biggest training provider successfully applied for a superinjunction that stopped official inspectors from passing on a critical report to the government, it has emerged.’

Full Story

The Guardian, 16th January 2018

Source: www.theguardian.com

Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

Full Story

Family Law, 18th January 2018

Source: www.familylaw.co.uk

Transferring property out of a deceased’s estate to an unmarried partner (Lewis v Warner) – Family Law

Posted January 18th, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.’

Full Story

Family Law, 17th January 2018

Source: www.familylaw.co.uk

Man jailed for life for murdering teenager and concealing her body – Crown Prosecution Service

Posted January 18th, 2018 in murder, press releases, preventing lawful & decent burial, sentencing by tracey

‘A man has today (17 January) been sentenced to life with a minimum term of 26 years in prison, for murdering a teenage girl and hiding her body in a wardrobe for more than two weeks.’

Full press release

Crown Prosecution Service, 17th January 2018

Source: www.cps.gov.uk

Teen jailed for attack on mother and toddler – Attorney General’s Office

‘Joshua Ingram has been sent to a young offenders’ institute after Solicitor General Robert Buckland QC MP referred his sentence as unduly lenient.’

Full press release

Attorney General’s Office, 17th January 2018

Source: www.gov.uk/ago

Recent Statutory Instruments – legislation.gov.uk

Posted January 18th, 2018 in legislation by tracey

The Charities (Protection and Social Investment) Act 2016 (Commencement No. 2 and Transitional Provision) Regulations 2018

The Soft Drinks Industry Levy Regulations 2018

The Designs (International Registration of Industrial Designs) Order 2018

The Advanced Quality Partnership Schemes (Existing Facilities) (England) Regulations 2018

The Advanced Quality Partnership Schemes (England) Regulations 2018

Source: www.bailii.org