28/03/2018 – Current Awareness

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)” .’

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.’

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.’

BBC News, 28th March 2018

Source: www.bbc.co.uk

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

Posted March 28th, 2018 in commercial agents, computer programs, consumer protection, EC law, electronic commerce, news by tracey

‘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.’

OUT-LAW.com, 27th March 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 28th, 2018 in legislation by tracey

The Detention Centre (Amendment) Rules 2018

The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 28th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)

Constandas v Lysandrou & Ors [2018] EWCA Civ 613 (27 March 2018)

Revenue And Customs v University of Cambridge [2018] EWCA Civ 568 (27 March 2018)

Secretary of State for the Home Department v Said & Ors [2018] EWCA Civ 627 (27 March 2018)

Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018)

Court of Appeal (Criminal Division)

Edwards, R v [2018] EWCA Crim 595 (27 March 2018)

Cuni & Ors v R [2018] EWCA Crim 600 (27 March 2018)

High Court (Administrative Court)

Norwich Livestock Market Ltd, R (On the Application Of) v Norwich City Council [2018] EWHC 648 (Admin) (27 March 2018)

High Court (Commercial Court)

Daniels & Anor v Lloyds Bank Plc & Anor [2018] EWHC 660 (Comm) (27 March 2018)

High Court (Family Division)

Z & Y (Children : Care Proceedings) [2018] EWHC 644 (Fam) (27 March 2018)

S (Care Proceedings Extremism) [2018] EWHC 645 (Fam) (27 March 2018)

High Court (Patents Court)

Edwards Lifesciences LLC v Boston Scientific SCIMED, Inc & Ors [2018] EWHC 664 (Pat) (27 March 2018)

High Court (Queen’s Bench Division)

Abdule & Ors v The Foreign And Commonwealth Office & Ors (national security – jurisdiction and status) [2018] EWHC 692 (QB) (28 March 2018)

Source: www.bailii.org

Sentencing Council launches new definitive guideline on terrorism offences – Sentencing Council

Posted March 28th, 2018 in press releases, sentencing, terrorism by tracey

‘New sentencing guidelines for terrorism offences have been published today, marking the first time that comprehensive guidance has been produced for courts in England and Wales. The guidelines have been introduced to deal with the changing nature of terrorist offending and to ensure that courts have the guidance they need to deal with these serious and difficult cases, punishing offenders and disrupting their activities.’

Full press release

Sentencing Council, 28th March 2018

Source: http://sentencingcouncil.judiciary.gov.uk

Unlawful imprisonment for council tax non-payment “one of the largest mass miscarriages of justice in British history” – Local Government Lawyer

Posted March 28th, 2018 in council tax, imprisonment, miscarriage of justice, news by tracey

‘The unlawful imprisonment of people for council tax non-payment “is likely to be one of the largest mass miscarriages of justice in British history”, the chair of the Criminal Bar Association, Angela Rafferty QC, and 57 other signatories of a letter to The Guardian have claimed.’

Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission issued six years ago – Local Government Lawyer

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

‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’

Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

Boxing promoter Warren loses twin challenges to CFAs – Litigation Futures

Posted March 28th, 2018 in contracts, costs, defamation, fees, news, solicitors by tracey

‘Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case.’

Litigation Futures, 28th March 2018

Source: www.litigationfutures.com

Removing a party to proceedings: A Local Authority v F and others – Family Law

Posted March 28th, 2018 in care orders, human rights, local government, news, placement orders, statutory duty by tracey

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

Family Law, 27th March 2018

Source: www.familylaw.co.uk

Lawyers united: solicitors pledge to back bar’s action – Law Society’s Gazette

Posted March 28th, 2018 in barristers, industrial action, legal aid, news, solicitors by tracey

‘Solicitors have strongly indicated that they will stand shoulder to shoulder with the bar should their barrister ‘friends’ decide to take action against further government cuts to the legal aid budget.’

Law Society's Gazette, 27th March 2018

Source: www.lawgazette.co.uk

Police inspector Darren McKie jailed for wife’s murder – BBC News

Posted March 28th, 2018 in domestic violence, murder, news, sentencing by tracey

‘A former police inspector who murdered his wife in their home and dumped her body in a lake has been jailed.’

BBC News, 27th March 2018

Source: www.bbc.co.uk

Skybet fined £1m by gambling regulator for not protecting vulnerable customers – The Independent

Posted March 28th, 2018 in fines, gambling, news by tracey

‘Skybet has been fined £1m by the gambling regulator for failing to protect its most vulnerable customers. The Gambling Commission on Wednesday said that it had issued the penalty in response to the sports betting company allowing customers who had self-excluded to open accounts.’

The Independent, 28th March 2018

Source: www.independent.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

Posted March 28th, 2018 in burials and cremation, coroners, delay, human rights, islamic law, Judaism, judicial review, news by tracey

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Adverts which promise bus fares ‘from £1’ banned after it emerges just 3 per cent of tickets are available at that price – Daily Telegraph

Posted March 28th, 2018 in advertising, complaints, consumer protection, news, transport by tracey

‘Savvy travel bookers who click on low price adverts may find they are often lead to air, rail and bus websites which do not have any seats at the advertised reduced fares. The advertising watchdog has found that in at least one case this is because there were never many low fare seats available at all, and has banned Megabus from advertising its seats as “from £1” after it was found only three per cent of seats were available at that price.’

Daily Telegraph, 28th March 2018

Source: www.telegraph.co.uk

Alpecin Caffeine Shampoo banned from saying it can ‘help to reduce hair loss’ by Advertising Standards Authority – The Independent

Posted March 28th, 2018 in advertising, complaints, consumer protection, news by tracey

‘The makers of Alpecin Caffeine Shampoo must no longer advertise that the product can reduce hair loss after a watchdog ruled there was no adequate evidence to support the claim.’

The Independent, 28th March 2018

Source: www.independent.co.uk

Former BHS owner Chappell faces boardroom ban but Sir Philip Green escapes sanction over collapse – Daily Telegraph

Posted March 28th, 2018 in company directors, financial regulation, insolvency, news, pensions, sanctions by tracey

‘Former BHS owner Dominic Chappell will be banned from serving as company director for up to 15 years over his role in the the high street chain’s collapse, while its previous owner Sir Philip Green will escape any sanction. The Insolvency Service said that the retail mogul Sir Philip, who sold BHS to thrice bankrupt Mr Chappell little over a year before its demise for £1, will not face further action.’

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Isis fanatic who tried to radicalise ‘army of children’ for London terror attacks jailed for life – The Independent

Posted March 28th, 2018 in child abuse, conspiracy, news, sentencing, terrorism by tracey

‘An Isis fanatic who tried to brainwash an “army of children” to launch simultaneous terror attacks across London has been jailed for life.’

The Independent, 27th March 2018

Source: www.independent.co.uk

Paul Moore jailed for Leicester hate crime car attack – BBC News

Posted March 28th, 2018 in attempted murder, attempts, hate crime, Islam, murder, news, sentencing by tracey

‘A man who hit a Somali woman with his car before going back to run her over as she lay helpless has been jailed for a minimum of 20 years.’

27th March 2018

Source: www.bbc.co.uk

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