Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in brexit, constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

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Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

Costs judge calls for “authoritative guidance” on applications by former clients for their files – Litigation Futures

‘Authoritative guidance on whether clients can demand their full files from previous solicitors would help the Senior Courts Costs Office deal with the large number of applications it is facing, a costs judge has said.’

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Litigation Futures, 2nd February 2018

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted February 5th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Carrasco v Johnson [2018] EWCA Civ 87 (02 February 2018)

VC, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 57 (02 February 2018)

Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 (02 February 2018)

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2018] EWCA Civ 84 (01 February 2018)

AMS Neve Ltd & Ors v Heritage Audio SL & Anor [2018] EWCA Civ 86 (01 February 2018)

High Court (Chancery Division)

Murray Holdings Ltd v Oscatello Investments Ltd [2018] EWHC 162 (Ch) (02 February 2018)

Public Trustee v Harrison & Ors [2018] EWHC 166 (Ch) (02 February 2018)

Smyth-Tyrrell & Anor v Bowden [2018] EWHC 106 (Ch) (02 February 2018)

High Court (Commercial Court)

Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (Ocean Neptune) [2018] EWHC 163 (Comm) (02 February 2018)

Court (Queen’s Bench Division)

Edge Tools & Equipment Ltd v Greatstar Europe Ltd [2018] EWHC 170 (QB) (02 February 2018)

ABC v Google Inc [2018] EWHC 137 (QB) (01 February 2018)

GYH v Persons Unknown [2018] EWHC 121 (QB) (01 February 2018)

Source: www.bailii.org

Universal credit system faces landmark legal challenge – The Guardian

Posted February 5th, 2018 in benefits, disabled persons, health, news, social security by sally

‘A terminally ill man has won the right to launch a landmark legal challenge to the government over its introduction of universal credit after the controversial new benefits system left him significantly worse off.’

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The Guardian, 4th February 2018

Source: www.theguardian.com

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

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Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

High Court backs employer in dispute over closure of Wedgwood defined benefit pension scheme – OUT-LAW.com

Posted February 5th, 2018 in employment, news, pensions by sally

‘Employers in the Wedgwood Group Pension Plan validly closed the scheme to future accrual and ended the link between benefits and final salary in 2006, the High Court has ruled.’

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OUT-LAW.com, 2nd February 2018

Source: www.out-law.com

Both parents’ names to be recognised in marriage – BBC News

Posted February 5th, 2018 in bills, documents, marriage, news, parental rights by sally

‘Ministers have backed calls for mothers’ names to be put on marriage certificates in England and Wales.’

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BBC News, 2nd February 2018

Source: www.bbc.co.uk

John Worboys back in Wakefield prison as victims fight his release – The Guardian

Posted February 5th, 2018 in detention, news, rape, recidivists, release on licence, victims by sally

‘The black-cab rapist John Worboys has been moved to a prison outside London as victims fight to keep him in jail for a longer sentence.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

English barristers trained to be less pompous in bid to win over wealthy international clients – Daily Telegraph

Posted February 5th, 2018 in barristers, continuing professional development, inns of court, news by sally

‘English barristers are being trained to come across as less pompous in social situations in a bid to win over wealthy international clients.’

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Daily Telegraph, 4th February 2018

Source: www.telegraph.co.uk

CIGI: Brexit, Brexatom, the Environment and Future International Relations (Stephen Tromans QC) – 39 Essex Chambers

Posted February 2nd, 2018 in brexit, EC law, environmental protection, news by sally

‘The terms of the United Kingdom’s exit from the European Union remain vague and fluid at the time of writing. However, it is clear that the prospect has given rise to concern as to the future shape and effectiveness of environmental law following Brexit. EU environmental law, as it has evolved and expanded since the early 1970s, has exerted a profound influence over the law of the United Kingdom, and has in many areas resulted in entrenched environmental problems being tackled and environmental standards being improved.’

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39 Essex Chambers, January 2018

Source: www.39essex.com

Burns v Financial Conduct Authority [2017] EWCA Civ 214: a sign of things to come? – 4 New Square

Posted February 2nd, 2018 in company directors, costs, enforcement, financial regulation, news by sally

‘Directors’ duties, procedural fairness and issue based costs; the Court of Appeal decision sheds light on several aspects of financial regulatory enforcement action.’

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4 New Square, 15th January 2018

Source: www.4newsquare.com

Anomalies in sentencing for fire safety breaches create uncertainty – OUT-LAW.com

Posted February 2nd, 2018 in fire, health & safety, news, sentencing by sally

‘Fines for breaches of fire safety regulations are not explicitly covered by health and safety sentencing guidelines – leading to anomalies in the way in which companies are prosecuted and the ultimate fine.’

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OUT-LAW.com, 1st February 2018

Source: www.out-law.com

Council faces legal challenge over award of children’s public health contract – Local Government Lawyer

Posted February 2nd, 2018 in children, contracting out, health, local government, news, young persons by sally

‘Two NHS trusts have brought a legal challenge over Lancashire County Council’s award of a contract for public health services for children aged 0 to 19.’

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Local Government Lawyer, 1st February 2018

Source: www.localgovernmentlawyer.co.uk

Regional “ethos” of Business & Property Courts on show as Bristol judge refuses London transfer – Litigation Futures

Posted February 2nd, 2018 in civil procedure rules, London, news, transfer of proceedings by sally

‘The focus of the new Business & Property Courts (B&PC) structure on keeping cases in the regions and not transferring them to London unless necessary has seen a judge in Bristol refuse an application to move a piece of group litigation to the capital.’

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Litigation Futures, 1st February 2018

Source: www.litigationfutures.com

Darren Osborne guilty of Finsbury Park mosque murder – BBC News

Posted February 2nd, 2018 in hate crime, Islam, murder, news by sally

‘A man who drove a van into a crowd of Muslims near a London mosque has been found guilty of murder.’

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BBC News, 1st February 2018

Source: www.bbc.co.uk

Brexit Bill passes first House of Lords hurdle, but real test still to come, says expert – OUT-LAW.com

Posted February 2nd, 2018 in bills, brexit, EC law, news, parliament by sally

‘The government’s main piece of legislation on withdrawal from the European Union has cleared its first hurdle in the House of Lords.’

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OUT-LAW.com, 1st February 2018

Source: www.out-law.com

Sharia in England and Wales: report of the independent review – Law & Religion UK

Posted February 2nd, 2018 in islamic law, news by sally

‘The Home Office has today [1 February] published the report of the independent review chaired by Professor Mona Siddiqui into the application by sharia councils in England and Wales of sharia law. In brief, the report makes three recommendations: for legislative change, for awareness campaigns and for regulation.’

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Law & Religion UK, 1st February 2018

Source: www.lawandreligionuk.com

Permission given to create Britain’s first ‘three-person babies’ – The Guardian

Posted February 2nd, 2018 in assisted reproduction, embryology, news by sally

‘Doctors in Newcastle have been granted permission to create Britain’s first “three-person babies” for two women who are at risk of passing on devastating and incurable genetic diseases to their children.’

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The Guardian, 1st February 2018

Source: www.theguardian.com

Gambling companies must end misleading ‘free bet’ offers, competition watchdog warns – Daily Telegraph

Posted February 2nd, 2018 in competition, consumer protection, gambling, news by sally

‘Gambling companies must end misleading online ‘free bet’ offers or face action, the competition watchdog has warned.’

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Daily Telegraph, 1st February 2018

Source: www.telegraph.co.uk

Criminal landlords could lose all earnings after court ruling – The Guardian

Posted February 2nd, 2018 in landlord & tenant, local government, news, proceeds of crime by sally

‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’

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The Guardian, 1st February 2018

Source: www.theguardian.com