The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI

Posted April 30th, 2018 in accidents, costs, news, personal injuries, road traffic, solicitors by tracey

‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2018 in legislation by tracey

The Special Restrictions on Adoptions from Abroad (Ethiopia) Order 2018

The Insurance Companies (Taxation of Re-insurance Business) Regulations 2018

Source: www.legislation.gov.uk

Leasehold law reform work will improve lives of millions – Hopkins – Law Commission

Posted April 30th, 2018 in enfranchisement, Law Commission, leases, press releases by tracey

‘Professor Nick Hopkins has pledged that the Law Commission’s leasehold reform recommendations to government will provide a “better deal for leaseholders”. Announced as part of the 13th Programme of Law Reform, the Law Commission residential leasehold and commonhold project aims to improve consumer choice, provide greater fairness, and make the process of enfranchisement easier, quicker and more cost effective.’

Full press release

Law Commission, 27th April 2018

Source: www.lawcom.gov.uk/

Approach when a local authority seeks permission to withdraw application for care order – Family Law

Posted April 30th, 2018 in care orders, children, local government, news, terrorism by tracey

‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’

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Family Law, 26th April 2018

Source: www.familylaw.co.uk

Man jailed for helping Daesh share violent material on social media – Crown Prosecution Service

Posted April 30th, 2018 in guilty pleas, internet, press releases, sentencing, terrorism by tracey

‘A man convicted of helping Daesh extremists to open social media accounts so they could spread Islamist propaganda online has been jailed.’

Full press release

Crown Prosecution Service, 27th April 2018

Hermes faces legal fight with some drivers over worker rights – The Guardian

Posted April 30th, 2018 in holiday pay, minimum wage, news, self-employment, sick leave by tracey

‘The delivery company Hermes faces a legal battle with a group of its own drivers today, in the latest case promising to have major ramifications on labour rights in the growing gig economy.’

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The Guardian, 30th April 2018

Source: www.theguardian.com

Both sides claim victory in surveillance law challenge – Law Society’s Gazette

‘A High Court ruling today in the latest crowd-funded challenge to the government’s powers to monitor electronic communications has left both sides claiming victory. Ruling in Liberty v Home Office, Lord Justice Singh and Mr Justice Holgate ordered the government to amend a provision of the Investigatory Powers Act 2016 granting powers to require telecoms operators to store records of communications, including tracking information and web browsing.’

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Law Society's Gazette, 27th April 2018

Source: www.lawgazette.co.uk

Children: Private Law Update (Spring 2018) – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 27th April 2018

Source: www.familylawweek.co.uk

High court blocks Amber Rudd attempt to deport witness – The Guardian

Posted April 30th, 2018 in deportation, immigration, inquests, news, witnesses by tracey

‘Amber Rudd has lost a legal battle over her attempts to deport a key witness to a controversial death at a UK immigration centre. Jamaican Andrew Van Horn was due to be expelled from the country this week, despite the likelihood that he would be summoned to appear at an inquest into the death, and to a separate police investigation.’

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The Guardian, 28th April 2018

Source: www.theguardian.com

Justice Secretary announces ambitious first steps in overhaul of Parole Board – Ministry of Justice

Posted April 30th, 2018 in disclosure, parole, press releases, reasons, victims by tracey

‘The findings of the urgent review of parole processes have been published by Justice Secretary David Gauke today, alongside a package of ambitious reforms.’

Full press release

Ministry of Justice, 28th April 2018

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

England voter ID trial ‘a solution in search of a problem’ – The Guardian

Posted April 30th, 2018 in elections, identity fraud, news by tracey

‘Minister says new requirements counter ‘perception’ of electoral fraud as data shows problem is minimal.’

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The Guardian, 29th April 2018

Source: www.theguardian.com

Coroner ordered to change ‘cab-rank’ burial release policy – BBC News

Posted April 27th, 2018 in burials and cremation, coroners, islamic law, Judaism, news by tracey

‘A London coroner has been ordered by the High Court to change her “cab-rank” queuing policy for handling burials after it was ruled “unlawful”.’

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BBC News, 27th April 2018

Source: www.bbc.co.uk

Casper and Corey Platt-May deaths: Driver high on cocaine is jailed – BBC News

Posted April 27th, 2018 in dangerous driving, guilty pleas, news, sentencing by tracey

‘A driver who killed two young brothers in a hit-and-run crash while high on cocaine has been jailed for nine years.’

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BBC News, 27th April 2018

Source: www.bbc.co.uk

Bribery conviction could indicate hard line on new tax evasion offence – OUT-LAW.com

Posted April 27th, 2018 in bribery, company directors, news, tax evasion by tracey

‘The conviction of a company and the jailing of two former company directors for offences under the UK Bribery Act should serve as a warning to businesses over a new tax evasion corporate offence, according to a tax law expert.’

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OUT-LAW.com, 27th April 2018

Source: www.out-law.com

Final UK network and information security laws published – OUT-LAW.com

Posted April 27th, 2018 in EC law, fines, internet, news, penalties by tracey

‘UK laws which will implement the EU’s Network and Information Security (NIS) Directive have been finalised and published.’

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OUT-LAW.com, 27th April 2018

Source: www.out-law.com

Throttling Environmental Information – Panopticon

Posted April 27th, 2018 in environmental protection, freedom of information, news by tracey

‘As is so often the way in information rights, the Upper Tribunal reaches a perfectly sensible decision and gives practical guidance which others can actually apply, only for the Court of Appeal to insist on saying mostly the same thing but less clearly and less helpfully. As a result, the Upper Tribunal then has to reconsider the area and steer the law back to a productive course. So it was in Department for Transport & Driver and Vehicle Standards Agency & Porsche Cars GB Ltd v Information Commissioner & Cieslik [2018] UKUT 127 (AAC) (Cieslik), on the – to put it politely – potential interpretative difficulties on the issue of the meaning of “environmental information” under the EIR following the ‘guidance’ of the Court of Appeal in Department for Business, Enterprise and Industrial Strategy v Information Commissioner & Henney [2017] EWCA Civ 844 (see here). And the judgment of Judge Markus QC in Cieslik is a genuinely important and valuable exercise in course correction.’

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Panopticon, 27th April 2018

Source: panopticonblog.com

Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

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Practical Law: Construction Blog, 24th April 2018

Source: constructionblog.practicallaw.com

Jessica van der Meer: Paws for Thought: The High Court tackles PSPOs in a Landmark Judgment – UK Constitutional Law Association

Posted April 27th, 2018 in demonstrations, dogs, local government, locus standi, news by tracey

‘The end of April 2018 was a big week for local government governance. In the same week that Ealing Council enacted a Public Spaces Protection Order (PSPO) to ban pro-life vigils from taking place outside a Marie Stopes clinic, the High Court handed down a landmark judgment dealing with PSPOs. The judgment is the first example of PSPOs being successfully challenged in the High Court.’

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UK Constitutional Law Association, 26th April 2018

Source: ukconstitutionallaw.org

Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 – UK Supreme Court Blog

Posted April 27th, 2018 in contracts, damages, economic loss, news, restrictive covenants by tracey

‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’

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UK Supreme Court Blog, 24th April 2018

Source: ukscblog.com

Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI

Posted April 27th, 2018 in duty of care, news, personal injuries, school children, teachers by tracey

‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com