Easter break

Posted March 29th, 2018 in news by tracey

There will be no posts over the Easter weekend (Friday 30th March – Monday 2nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 3rd April.

UK government confirms changes to discount rate calculation method – OUT-LAW.com

Posted March 29th, 2018 in bills, consultations, insurance, news, personal injuries by tracey

‘The way in which the discount rate applied to lump sum personal injury payments is calculated will be changed in order to “better reflect evidence of actual investment habits”, the UK government has confirmed.’

Full Story

OUT-LAW.com, 28th March 2018

Source: www.out-law.com

English court delivers landmark judgment on project insurance coverage – OUT-LAW.com

Posted March 29th, 2018 in construction industry, contracting out, insurance, news by tracey

‘The High Court has handed down a judgment deciding that a sub-contractor on a construction project was not entitled to coverage from the project insurance policy.’

Full Story

OUT-LAW.com, 28th March 2018

Source: www.out-law.com

Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette

Posted March 29th, 2018 in costs, disclosure, documents, law firms, news, pre-action conduct by tracey

‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’

Full Story

Law Society's Gazette, 28th March 2018

Source: www.lawgazette.co.uk

Sheffield man jailed for longer for disability hate crime after Solicitor General’s action – Attorney General’s Office

Posted March 29th, 2018 in assault, gangs, press releases, sentencing by tracey

‘Shakaiyah Swindells, who was part of a Sheffield trio who assaulted and imprisoned a vulnerable victim has had his sentence increased.’

Full press release

Attorney General’s Office, 28th March 2018

Source: www.gov.uk/ago

Former private school teacher jailed for longer for sexual abuse – Attorney General’s Office

Posted March 29th, 2018 in child abuse, press releases, sentencing, sexual offences, teachers by tracey

‘A former private boarding school teacher who sexually abused 4 of his pupils has had his sentence increased.’

Full press release

Attorney General’s Office, 28th March 2018

Source: www.gov.uk/ago

Recent Statutory Instruments – legislation.gov.uk

Posted March 29th, 2018 in legislation by tracey

The Education (Student Support) (Amendment) (No. 2) Regulations 2018

The Landfill Tax (Disposals of Material) Order 2018

The HGV Road User Levy (Rate for Prescribed Vehicles) Regulations 2018

The Electronic Communications (Universal Service) (Broadband) Order 2018

The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018

The Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2018

The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018

The Industrial Training Levy (Construction Industry Training Board) Order 2018

The Representation of the People (Scotland) (Amendment) Regulations 2018

The Land Registry Trading Fund (Extension and Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 29th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Braintree District Council v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 610 (28 March 2018)

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018)

Edwards Lifesciences LLC & Ors v Boston Scientific Scimed Inc [2018] EWCA Civ 673 (28 March 2018)

Fortwell Finance Ltd v Halstead & Anor [2018] EWCA Civ 676 (28 March 2018)

Secretary of State for Business, Energy and Industrial Strategy v Parry & Anor [2018] EWCA Civ 672 (28 March 2018)

Best Friends Group & Anor (t/a Best Friends) v Barclays Bank Plc [2018] EWCA Civ 601 (28 March 2018)

Shannan & Ors v Viavi Solutions UK Ltd & Ors [2018] EWCA Civ 681 (28 March 2018)

Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640 (28 March 2018)

IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626 (28 March 2018)

J N Hipwell & Son v Szurek [2018] EWCA Civ 674 (28 March 2018)

T (A Child), Re [2018] EWCA Civ 650 (28 March 2018)

Regeneron Pharmaceuticals, Inc v Kymab Ltd & Anor [2018] EWCA Civ 671 (28 March 2018)

B (Children) [2018] EWCA Civ 614 (27 March 2018)

Court of Appeal (Criminal Division)

Mohammed v R [2018] EWCA Crim 675 (28 March 2018)

MK v R [2018] EWCA Crim 667 (28 March 2018)

Hayes, R v [2018] EWCA Crim 682 (28 March 2018)

High Court (Administrative Court)

DSD And NBV & Ors R (On the Application Of) v [2018] EWHC 694 (Admin) (28 March 2018)

Rainbird, R (on the application of) v The Council of the London Borough of Tower Hamlets [2018] EWHC 657 (Admin) (28 March 2018)

Henderson v Commissioner of Police for the Metropolis [2018] EWHC 666 (Admin) (28 March 2018)

Argeseanu v District Court of Hunedoara and Petrosani (Romania) [2018] EWHC 670 (Admin) (28 March 2018)

OA (Nigeria) v Secretary of State for the Home Department [2018] EWHC 681 (Admin) (28 March 2018)

Ezeugo, R v Director of Legal Aid Casework [2018] EWHC 691 (Admin) (28 March 2018)

Archer & Anor, R (on the application of) v HM Revenue and Customs [2018] EWHC 695 (Admin) (28 March 2018)

High Court (Chancery Division)

Pease v Henderson Administration Ltd [2018] EWHC 661 (Ch) (28 March 2018)

EDF Energy Customers Ltd v Re-Energized Ltd [2018] EWHC 652 (Ch) (28 March 2018)

Gorst & Anor v Knight [2018] EWHC 613 (Ch) (28 March 2018)

ET v JP & Ors [2018] EWHC 685 (Ch) (28 March 2018)

High Court (Commercial Court)

Banca Turco Romana SA v Cortuk & Ors [2018] EWHC 662 (Comm) (28 March 2018)

High Court (Family Division)

P v C & Ors [2018] EWHC 693 (Fam) (28 March 2018)

High Court (Queen’s Bench Division)

JMX v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 675 (QB) (28 March 2018)

Source: www.bailii.org

GMC to investigate racism as black doctors face greater number of complaints – Daily Telegraph

Posted March 29th, 2018 in complaints, disciplinary procedures, doctors, news, race discrimination, racism by tracey

‘Health chiefs will investigate whether black and other ethnic minority (BME) doctors are the victims of racism after revealing they are more likely to be hauled before disciplinary tribunals than white colleagues. The General Medical Council (GMC) said there has been a persistent “overrepresentation” of complaints against ethnic minority doctors in recent years.’

Full Story

Daily Telegraph, 28th March 2018

Source: www.telegraph.co.uk

City firms launch review into dispute resolution for companies wronged by banks after RBS scandal – Daily Telegraph

‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’

Full Story

Daily Telegraph, 29th April 2018

Source: www.telegraph.co.uk

FA to take lead in child abuse investigation where clubs are failing to conduct sufficient internal reviews – The Independent

Posted March 29th, 2018 in child abuse, news, reports, sexual offences, sport by tracey

‘The Football Association’s report into historical allegations of sexual abuse will assume the power to probe clubs if it does not judge that those clubs have led adequate investigations into themselves. Clive Sheldon QC, who is leading the report commissioned by the FA, has asked clubs to provide him with a “structured report” into instances of sexual abuse. If those reports are not adequate then Sheldon’s team of lawyers will conduct their own investigations.’

Full Story

The Independent, 29th March 2018

Source: www.independent.co.uk

Alfie Evans ‘about to be murdered’, says father after court defeat – The Guardian

Posted March 29th, 2018 in children, euthanasia, human rights, medical treatment, news, trials by tracey

‘The father of seriously-ill Alfie Evans said his son had been “failed disgracefully by the system” after losing a last-ditch legal bid at the European court of human rights.’

Full Story

The Guardian, 29th March 2018

Source: www.theguardian.com

No UK border exit records for 600,000 people, says watchdog – The Guardian

Posted March 29th, 2018 in airlines, immigration, news, reports by tracey

‘Theresa May’s long-promised system of “100% exit checks” at Britain’s borders is so unreliable that it contains no departure records for more than 600,000 people who should have left the country in the past two years, a watchdog has revealed.’

Full Story

The Guardian, 28th March 2018

Source: www.theguardian.com

Hayes crash: Drunk driver jailed for 13 years after killing three teenagers at London bus stop – The Independent

Posted March 29th, 2018 in alcohol abuse, dangerous driving, homicide, news, sentencing by tracey

‘A drunk driver has been jailed for 13 years after killing three boys as they walked to a 16th birthday party in London. Jaynesh Chudasama pleaded guilty in February to three counts of causing death by dangerous driving over the incident near a bus stop in Hayes.’

Full Story

The Independent, 28th March 2018

Source: www.independent.co.uk

Statement from the Justice Secretary on judgment re: John Worboys – Ministry of Justice

Posted March 29th, 2018 in consultations, disclosure, parole, press releases, victims by tracey

‘Statement from the Lord Chancellor and Justice Secretary, David Gauke, in response to today’s judgment.’

Full press release

Ministry of Justice, 28th March 2018

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

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by tracey

‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’

Full Story

BBC News, 28th March 2018

Source: www.bbc.co.uk

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by tracey

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

Full Story

Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Permission on Erroneous Basis – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by tracey

‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’

Full Story

Local Government Lawyer, 27th March 2018

Source: local-government-law.11kbw.com

Worboys release decision overturned as Parole head quits – BBC News

Posted March 28th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by tracey

‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’

Full Story

BBC News, 28th March 2018

Source: www.bbc.co.uk

Ruling highlights gap in the law on software – OUT-LAW.com

‘A recent ruling by the Court of Appeal in London highlights a gap in the law on software, and should prompt a change in UK legislation.’

Full Story

OUT-LAW.com, 27th March 2018

Source: www.out-law.com