Parsons Green attack: Iraqi teenager convicted over Tube bomb – BBC News

Posted March 16th, 2018 in attempted murder, attempts, explosives, murder, news, terrorism, young offenders by tracey

‘A teenager who showed warning signs to authorities that he could carry out a terrorist attack has been found guilty of 2017’s Parsons Green Tube bombing.’

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BBC News, 16th March 2018

Source: www.bbc.co.uk

The ‘MV Renos’ [2018] EWCA Civ 230 – 4 New Square

Posted March 16th, 2018 in insurance, news, repairs, shipping law by sally

‘In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive total loss (“CTL”).’

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4 New Square, 21st February 2018

Source: www.insurancelaw.london

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2018 in legislation by tracey

The Animals (Scientific Procedures) Act 1986 (Fees) Order 2018

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018

The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018

The Waste Enforcement (England and Wales) Regulations 2018

The National Employment Savings Trust (Amendment) Order 2018

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018

The Railways (Penalty Fares) Regulations 2018

Source: www.legislation.gov.uk

Nesbit Law Group LLP v Acasta European Insurance Company Limited [2018] EWCA Civ 268 – 4 New Square

Posted March 16th, 2018 in exclusion clauses, indemnities, insurance, news by sally

‘In Nesbit Law Group LLP the Court of Appeal had to determine the proper construction of an exclusion clause in a series of Fidelity Guarantee Indemnity policies and whether the insurer should be permitted to amend its defence (the application having been made weeks before the hearing of the appeal) to allege various breaches of a loan agreement by insured which breaches were necessary for the insured to be caught by the exclusion clause.’

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4 New Square, 23rd February 2018

Source: www.insurancelaw.london

BAILII: Recent Decisions

Posted March 16th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Springer v University Hospitals of Leicester NHS Trust [2018] EWCA Civ 436 (15 March 2018)

DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions [2018] EWCA Civ 504 (15 March 2018)

Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452 (15 March 2018)

Dunhill v W Brook & Co. (A Firm) [2018] EWCA Civ 505 (15 March 2018)

High Court (Administrative Court)

Belhaj & Ors v Director of Public Prosecutions & Ors [2018] EWHC 514 (Admin) (15 March 2018)

Belhaj & Anor v Director of Public Prosecutions & Ors [2018] EWHC 513 (Admin) (15 March 2018)

High Court (Commercial Court)

Aquila Wsa Aviation Opportunities II Ltd v Onur Air Tasimacilik AS [2018] EWHC 519 (Comm) (15 March 2018)

High Court (Family Division)

Hart v Hart [2018] EWHC B000 (Fam) (15 March 2018)

High Court (Queen’s Bench Division)

Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 527 (QB) (15 March 2018)

DDM v Al-Zahra (PVT) Hospital & Ors [2018] EWHC 526 (QB) (15 March 2018)

Source: www.bailii.org

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose – Local Government Lawyer

‘The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.’

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Local Government Lawyer, 15th March 2018

Source: www.localgovernmentlawyer.co.uk

Trading standards team at Royal Borough secures its longest-ever sentence – Local Government Lawyer

Posted March 16th, 2018 in construction industry, fraud, news, sentencing by tracey

‘The Trading Standards team at the Royal Borough of Windsor & Maidenhead has secured its longest-ever sentence after a rogue builder was jailed for six years.’

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Local Government Lawyer, 16th March 2018

Source: www.localgovernmentlawyer.co.uk

Parliament warned of ‘threat to profession’s independence’ over legal aid funding decisions – Legal Futures

Posted March 16th, 2018 in human rights, legal aid, legal profession, news, select committees by tracey

‘There is a “worrying trend” towards potential government interference in decisions over the grant of legal aid that threaten the independence of the profession, a leading solicitor warned parliamentarians this week.’

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Legal Futures, 16th March 2018

Source: www.legalfutures.co.uk

Government commits to protect people with dementia and learning difficulties – Law Commission

Posted March 16th, 2018 in elderly, learning difficulties, mental health, press releases by tracey

‘The government has said it will bring forward legislation to provide greater protection for some of the most vulnerable people in our society. In a Written Ministerial Statement Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.’

Full press release

Law Commission, 15th March 2018

Source: www.lawcom.gov.uk/

Uncertainty Around The Proposed Personal Injury Reforms Continues… – Zenith Chambers

Posted March 16th, 2018 in accidents, bills, news, personal injuries, road traffic, small claims by sally

‘Personal injury lawyers have been aware of the government’s plans to reform how personal injury claims are dealt with for some time. Originally, the new proposals were to come into force in October 2018. However, as a result of the General Election in 2017, the Prisons and Courts Bill did not progress.’

Full Story

Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by tracey

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

Full Story

The Independent, 15th March 2018

Source: www.independent.co.uk

Millionaire jailed for contempt of court over divorce deal – The Guardian

Posted March 16th, 2018 in contempt of court, divorce, elderly, news by tracey

‘A wealthy property developer has been jailed for 14 months for contempt of court in relation to his divorce settlement.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

Jailed Grenfell Tower fraudster claimed missing husband was miraculously discovered in a cave – Daily Telegraph

Posted March 16th, 2018 in fire, fraud, insurance, news by tracey

‘A woman posing as a widow from Grenfell Tower pretended her “dead” husband had been miraculously found in a cave as part of a £19,000 fraud.’

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Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Suicide of ‘much loved son’ in HMP Norwich result of failings in prison care, inquest finds – The Independent

Posted March 16th, 2018 in inquests, news, prisons, suicide by tracey

‘An inquest into the death of a prisoner who took his own life, has found that failings at the facility where he was being held contributed to his death.’

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The Independent, 15th March 2018

Source: www.independent.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Grandfather jailed for attacking his son in a bitter row over their rival flower businesses – Daily Telegraph

Posted March 16th, 2018 in assault, news, restraining orders, sentencing by tracey

‘An 82-year-old grandfather has been jailed for attacking his own son – in a bitter row over their rival flower businesses. Raymond Hill shoved his son Paul, 49, as he took a delivery of flowers and plants at his garden centre. The outburst breached an earlier restraining order given to Hill for harassing his son, who lives next door.’

Full Story

Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Beggars to be issued with £100 fines by Poole council sparking outrage – The Independent

Posted March 16th, 2018 in fines, local government, news, vagrancy by tracey

‘Beggars in the Dorset town of Poole will be issued with fines of £100, its council has said. Despite heavy criticism Public Space Protection Orders (PSPOs) will be introduced from 16 April in a bid to “tackle anti-social and nuisance behaviours.” ‘

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The Independent, 16th March 2018

Source: www.independent.co.uk

FCA v Grout [2018] EWCA Civ 71: Anonymous or Synonymous? – 4 New Square

Posted March 16th, 2018 in financial regulation, identification, news, third parties by sally

‘The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19.’

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4 New Square, 6th February 2018

Source: www.4newsquare.com

5RB Podcasts on Interim Injunctions – 5RB

Posted March 16th, 2018 in injunctions, news, podcasts by sally

‘Desmond Browne QC moderates a discussion with Alex Marzec and Adam Speker on Interim Injunctions. In Part One they explore how to seek and defend an interim injunction application up to the hearing. In Part Two, they examine what happens at the hearing and beyond.’

Full Story

5RB, 10th March 2018

Source: www.5rb.com