UK army investigators under fire as bullying trial collapses – The Guardian

Posted March 20th, 2018 in armed forces, bullying, news by sally

‘A judge has criticised military investigators after the collapse of a case against army instructors who were accused of bullying teenage recruits.’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers

Posted March 20th, 2018 in appeals, costs, news, part 36 offers by sally

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

BAILII: Recent Decisions

Posted March 20th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 (19 March 2018)

Ahmed & Ors v Ingram & Anor [2018] EWCA Civ 519 (19 March 2018)

Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490 (16 March 2018)

Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor [2018] EWCA Civ 489 (16 March 2018)

High Court (Administrative Court) Decisions

Lewin, R (On the Application Of) v The Financial Reporting Council Ltd & Ors (Costs) [2018] EWHC 554 (Admin) (19 March 2018)

Lewin, R (On the Application Of) v The Financial Reporting Council Ltd & Ors [2018] EWHC 446 (Admin) (19 March 2018)

Source: www.bailii.org

Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com

Posted March 20th, 2018 in internet, media, news, taxation, tribunals, VAT by sally

‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’

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OUT-LAW.com, 19th March 2018

Source: www.out-law.com

Duty of Care Owed by the MoJ to Serving Prisoners Limited to Matters Arising out of their Custody – Zenith Chambers

Posted March 20th, 2018 in duty of care, human rights, Ministry of Justice, news, prisons by sally

‘In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

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Zenith Chambers, 2nd March 2018

Source: www.zenithchambers.co.uk

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

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4 New Square, 14th March 2018

Source: www.insurancelaw.london

‘It was heartbreaking’: Family wins tribunal after special needs pupil excluded – The Guardian

Posted March 20th, 2018 in education, news, school exclusions, special educational needs, tribunals by sally

‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching – Litigation Futures

Posted March 20th, 2018 in costs, news, personal injuries, solicitors, universities by sally

‘A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date.’

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Litigation Futures, 20th March 2018

Source: www.litigationfutures.com

Master of the Rolls: More than four in ten of applications to Court of Appeal come from litigants in person – Legal Futures

Posted March 20th, 2018 in appeals, civil justice, costs, courts, internet, litigants in person, news, speeches by sally

‘The proportion of applications to the Court of Appeal for permission to appeal by litigants in person (LiPs) has gone up by 50% in the last 10 years, the Master of the Rolls has said.’

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Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk

Immigration Detention: One Step Forward, Two Steps Back — Sophie Walker – UK Human Rights Blog

Posted March 20th, 2018 in bail, detention, human rights, immigration, news by sally

‘New legislation significantly curtails accommodation provision for those seeking release from immigration detention. The likely result is more and more people being held in immigration detention.’

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UK Human Rights Blog, 19th March 2018

Source: ukhumanrightsblog.com

Jermaine Baker shooting: CPS confirms no charges after review – BBC News

Posted March 20th, 2018 in homicide, news, police, prosecutions, victims by sally

‘A decision not to bring charges against a police officer who fatally shot a man during a botched attempt to free a prisoner has been upheld.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 – 4 New Square

Posted March 20th, 2018 in appeals, health, insurance, news by sally

‘In Spire Healthcare, the Court of Appeal (Sir Geoffrey Vos and Simon LJ) heard an appeal to determine whether the policy of combined liability insurance aggregated the limits of cover. Graham Eklund QC of 4 New Square successfully represented Royal and Sun Alliance Insurance plc. The Court’s decision is considered by Ben Smiley of 4 New Square.’

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4 New Square, 9th March 2018

Source: www.insurancelaw.london

Worboys review: What we have learned – BBC News

Posted March 20th, 2018 in news, parole, probation, sexual offences by sally

‘Until the two-day judicial review hearing, very little was known about John Worboys’ 10 years’ in custody – and the reasons why the Parole Board granted his release.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Poorest priced out of justice by legal aid rules, says Law Society – The Guardian

Posted March 20th, 2018 in civil justice, criminal justice, legal aid, news, reports by sally

‘Some of the poorest families in England and Wales are being denied legal aid because they cannot afford the financial contributions they are required to make, according to the Law Society.’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

Latitude for litigants in person? Apparently not (just about…) – Zenith Chambers

‘On 21 February 2018 judgment was given in the case of Barton -v- Wright Hassall LLP [2018] UKSC 12.’

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Zenith Chambers, 26th February 2018

Source: www.zenithchambers.co.uk

The clock starts ticking – Gauke publishes Civil Liability Bill – Legal Futures

Posted March 20th, 2018 in bills, compensation, insurance, news, personal injuries by sally

‘Justice Secretary David Gauke today finally published the Civil Liability Bill, which the government said “offered hope” of lower insurance premiums to millions of motorists by reducing the “unacceptably high number of whiplash claims”.’

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Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk

UKIP ordered to pay Labour MPs £175,000 in damages – BBC News

Posted March 20th, 2018 in costs, damages, defamation, news, political parties by sally

‘UKIP has been ordered to pay £175,000 in legal costs over a defamation case brought by three South Yorkshire Labour MPs.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Can climate litigation save the world? – The Guardian

‘Courts are a new front line of climate action with cases against governments and oil firms spiralling, and while victories have so far been rare the pressure for change is growing’

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The Guardian, 20th March 2018

Source: www.theguardian.com