New Acts –

Posted February 12th, 2018 in armed forces, flexible working, legislation, taxation, telecommunications by tracey

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Act 2018

Armed Forces (Flexible Working) Act 2018


I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

Full Story

Nearly Legal, 11th February 2018


Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by tracey

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

Full Story

Nearly Legal, 11th Febraury 2018


The Landmark Legal Challenge to Universal Credit System Explained – Rightsinfo

Posted February 12th, 2018 in benefits, disabled persons, judicial review, news, social security by tracey

‘A controversial new social security benefit, currently being rolled out across the UK, is facing a major legal challenge. But what’s the challenge all about and what impact might it have?’

Full Story

Rightsinfo, 8th February 2018


It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by tracey

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

Full Story

UK Human Rights Blog, 12th February 2018


When to adjourn a misconduct hearing – UK Police Law Blog

Posted February 12th, 2018 in adjournment, disciplinary procedures, news, police, professional conduct, regulations by tracey

‘When must a police misconduct hearing adjourn the proceedings for the attendance of the respondent officer or even a witness?’

Full Story

UK Police Law Blog, 9th February 2018


Recent Statutory Instruments –

Posted February 12th, 2018 in legislation by tracey

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2018

The Pharmacy (Preparation and Dispensing Errors – Registered Pharmacies) Order 2018

The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2018

The School Teachers (Recognition of Professional Qualifications) (Amendment) Regulations 2018

The Export Control (Amendment) Order 2018


BAILII: Recent Decisions

Posted February 12th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

North & Anor v Wilkinson & Ors [2018] EWCA Civ 161 (09 February 2018)

Shepherd v Collect Investments Ltd [2018] EWCA Civ 162 (09 February 2018)

Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101 (09 February 2018)

High Court (Administrative Court)

Yussouf v The Solicitors Regulation Authority [2018] EWHC 211 (Admin) (09 February 2018)

LMN v Government of Turkey [2018] EWHC 210 (Admin) (09 February 2018)

CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)

Pearl, R (on the application of) v Maldon District Council & Anor [2018[ EWHC 212 (Admin) (09 February 2018)

High Court (Chancery Division)

Leven Holdings Ltd v Johnston & Ors [2018] EWHC 223 (Ch) (09 February 2018)

Khoury & Anor v Kensell [2018] EWHC 217 (Ch) (09 February 2018)

High Court (Commercial Court)

Progas Energy Ltd & Ors v The Islamic Republic of Pakistan [2018] EWHC 209 (Comm) (09 February 2018)

High Court (Queen’s Bench Division)

Ho v Bragg [2018] EWHC 214 (QB) (08 February 2018)


Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures

Posted February 12th, 2018 in damages, negligence, news, part 36 offers, personal injuries by tracey

‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’

Full Story

Litigation Futures, 12th February 2018


Mutual wills: a warning – Family Law

Posted February 12th, 2018 in constructive trusts, news, wills by tracey

‘In the case of Legg and others v Burton and others [2017] EWHC 2088 (Ch) the claimants, children of Mrs Clark, successfully established a constructive trust under the doctrine of mutual wills. This had the effect of making invalid the 13 subsequent wills the deceased made between 2004 and 2014, after her husband died. It was held by His Honour Judge Matthews in the Chancery Division of the Bristol District Registry that the wills Mrs Clark made with her husband in mirror terms in 2000 were mutual wills and as such there was a binding agreement with her husband, which she could not go back on after his death.’

Full Story

Family Law, 9th February 2018


Man sentenced for raping teenage girl in Rotherham during early 2000s – Crown Prosecution Service

Posted February 12th, 2018 in child abuse, press releases, rape, sentencing by tracey

‘A man who raped a teenager on two occasions in the early 2000s has been convicted today (9 February) in one of a series of trials connected to allegations of child sexual abuse in Rotherham. He was sentenced to nine years in prison.’

Full press release

Crown Prosecution Service, 9th February 2018


The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

Full Story

Counsel, February 2018


Raising the Young Bar profile – Counsel

Posted February 12th, 2018 in barristers, news, young persons by tracey

‘Junior barristers, now more than ever, face a world which looks increasingly uncertain. Rick Hoyle, Chair of the Young Barristers’ Committee, looks at the worrying trend and what is being done about it.’

Full Story

Counsel, February 2018


Nazi obsessive who threatened to bomb mosques after Manchester attack jailed – The Independent

Posted February 12th, 2018 in bomb hoaxing, news, sentencing, weapons by tracey

‘A Nazi-sympathiser who threatened to petrol bomb mosques after the Manchester Arena attack and who had an array of medieval weapons at his home has been jailed for eight years.’

Full Story

The Independent, 10th February 2018


Church of England ‘faces two years of abuse revelations’ – BBC News

Posted February 12th, 2018 in child abuse, Church of England, complaints, news, sexual offences, victims by tracey

‘The Church of England faces two years of revelations about sexual abuse and cover-ups, a bishop has said. The Church will be the focus of hearings at the Independent Inquiry into Child Sexual Abuse next month.’

Full Story

BBC News, 10th February 2018


Police wrongly pursued retired fire chief rather than investigate blackmail claim against fantasist who accused him of rape – Daily Telegraph

Posted February 12th, 2018 in appeals, blackmail, miscarriage of justice, news, police, rape by tracey

‘Police wrongly pursued a rape case against a retired fire chief rather than investigate a blackmail claim against the fantasist who made the allegation, the Telegraph can disclose. David Bryant, 67, spent almost three years in jail after being convicted of rape in a miscarriage of justice that further plunges into crisis the police handling of sex abuse cases. Mr Bryant’s conviction was overturned in the Court of Appeal and now a High Court judge has raised serious questions over a police force’s failure to investigate his accuser.’

Full Story

Daily Telegraph, 10th February 2018


Calls grow for Isis ‘Beatles’ to face UK trial – The Guardian

Posted February 12th, 2018 in citizenship, news, terrorism, trials by tracey

‘Calls are mounting for the two British fighters captured in Syria to be sent back to the UK to face trial, with a former counter-terrorism regulator describing it as the “proper forum” for justice.’

Full Story

The Guardian, 11th February 2018


Barclays Bank charged by Serious Fraud Office over Qatar loan – The Independent

Posted February 12th, 2018 in banking, loans, news, prosecutions, Serious Fraud Office by tracey

‘The UK’s fraud watchdog has charged Barclays Bank over making a loan to Qatar back in 2008.’

Full Story

The Independent, 12th February 2018


Police outsource digital forensic work to unaccredited labs – The Guardian

Posted February 12th, 2018 in contracting out, forensic science, news, police by tracey

‘More than a dozen police forces have outsourced digital forensic investigative work to unaccredited private laboratories in the past year, at a time when a series of rape cases have been abandoned because of problems with digital evidence.’

Full Story

The Guardian, 12th February 2018


Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph

Posted February 12th, 2018 in construction industry, consultations, housing, news, planning by tracey

‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’

Full Story

Daily Telegraph, 12th February 2018