Recent Statutory Instruments – legislation.gov.uk

Posted May 9th, 2018 in legislation by tracey

The Town and Country Planning (Pre-commencement Conditions) Regulations 2018

The Fire and Rescue Authorities (National Framework) (England) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 9th, 2018 in law reports by tracey

High Court (Chancery Division)

Keays v Parkinson, The Executors of the Late [2018] EWHC 1006 (Ch) (08 May 2018)

MX1 Ltd & Anor v Farahzad [2018] EWHC 1041 (Ch) (08 May 2018)

Lloyds Bank Plc & Ors R(ring-fencing transfer scheme) (Rev 1) [2018] EWHC 1034 (Ch) (03 May 2018)

High Court (Commercial Court)

The Cultural Foundation & Anor v Beazley Furlonge Ltd & Anor [2018] EWHC 1083 (Comm) (08 May 2018)

State Bank Of India & Ors v Mallya & Ors [2018] EWHC 1084 (Comm) (08 May 2018)

High Court (Queen’s Bench Division)

Miah v British Broadcasting Corporation (BBC) [2018] EWHC 1054 (QB) (08 May 2018)

Source: www.bailii.org

Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com

Posted May 9th, 2018 in age discrimination, compensation, dismissal, news, taxation by tracey

‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’

Full Story

OUT-LAW.com, 4th May 2018

Source: www.out-law.com

Pair were shadow directors but didn’t breach duties, says court – OUT-LAW.com

Posted May 9th, 2018 in company directors, fiduciary duty, news by tracey

‘Two men were found to be shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court has ruled.’

Full Story

OUT-LAW.com, 8th May 2018

Source: www.out-law.com

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

Full Story

UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

New guidelines proposed for sentencing people convicted of public order offences – Sentencing Council

Posted May 9th, 2018 in press releases, public order, sentencing by tracey

‘Today, the Sentencing Council has published proposed new guidelines covering public order offences sentenced in England and Wales. In simple terms, these offences involve the use of or threat of violence by individuals or groups of people towards others usually in a public place. They span a wide range of offending from low-level disorderly behaviour, which comprise some of the highest volume offences seen by courts, to larger scale disorder such as football violence and up to major riots.’

Full press release

Sentencing Council, 9th May 2018

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

HMCTS response to National Audit Office report on court reform programme – Ministry of Justice

Posted May 9th, 2018 in budgets, courts, electronic filing, press releases by tracey

‘HMCTS response from CEO Susan Acland-Hood to National Audit Office report on court reform programme.’

Full press release

Ministry of Justice, 9th May 2018

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

Courts revolution may be ‘undeliverable’, spending watchdog warns – Law Society’s Gazette

Posted May 9th, 2018 in budgets, courts, electronic filing, news by tracey

‘Spending watchdogs have warned courts chiefs of a real danger that they will fail to complete their digital courts revolution in time and on budget. In a comprehensive progress report published today, the National Audit Office says HM Courts & Tribunals Services faces a “daunting challenge” in meeting target for technological and cultural change.’

Full Story

Law Society's Gazette, 9th May 2018

Source: www.lawgazette.co.uk

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by tracey

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

Full Story

Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer

Posted May 9th, 2018 in informations, news, service by tracey

‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’

Full Story

Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by tracey

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

Full Story

Legal Futures, 9th May 2018

Source: www.legalfutures.co.uk

Drug dealer has confiscation order increased nine years after conviction – Crown Prosecution Service

‘A drug dealer has had his confiscation order increased by £1.8million almost a decade after his original conviction following an application by the Crown Prosecution Service.’

Full press release

Crown Prosecution Service, 4th May 2018

Source: www.cps.gov.uk

Brothers jailed for £16.7million fraud in father’s financial advisory business – Crown Prosecution Service

Posted May 9th, 2018 in guilty pleas, press releases by tracey

‘Two brothers who invested up to £16.7million on behalf of more than 200 elderly and vulnerable clients, resulting in losses of more than £5million, have been jailed today.’

Full press release

Crown Prosecution Service, 3rd May 2018

Source: www.cps.gov.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future of Law – Courts and Tribunals Judiciary

‘In this lecture, the Chancellor will speak about his vision for the future of lawyers, courts and judges in the coming decades. He will mainly address the business lawyers’ environment, but will touch also on criminal, family and administrative matters. His thesis is that Fintech, Legaltech and Regtech will revolutionise the way we educate, train, and utilise legal expertise, and that whilst some of the changes may be slower than people expect, many will be much faster.’

Full speech

Courts and Tribunals Judiciary, 9th May 2018

Source: www.judiciary.gov.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by tracey

‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’

Full Story

Law Society's Gazette, 8th May 2018

Source: www.lawgazette.co.uk

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

Full Story

Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Kent and Medway NHS Trust rapped over mental health care – BBC News

Posted May 9th, 2018 in hospitals, mental health, news, reports, suicide by tracey

‘A health trust which apologised for its treatment of a suicidal woman has been ordered to take action to protect patients it says are still at risk.’

Full Story

BBC News, 9th May 2018

Source: www.bbc.co.uk

Care homes firm Sunrise to refund ‘up-front fees’ to residents – BBC News

Posted May 9th, 2018 in care homes, compensation, fees, news by tracey

‘Care homes operator Sunrise Senior Living will pay more than £2m in compensation to residents after charging them thousands of pounds in compulsory “up-front fees”. The Competition and Markets Authority (CMA) secured the deal for most people who had paid since 1 October 2015.’

Full Story

BBC News, 9th May 2018

Source: www.bbc.co.uk

Nine police officers under investigation over death of mentally ill man restrained in custody – The Independent

Posted May 9th, 2018 in death in custody, mental health, news, police, restraint by tracey

‘Nine police officers are being investigated over the death of a man who was taken to hospital after being restrained by police.’

Full Story

The Independent, 9th May 2018

Source: www.independent.co.uk

Scotland Yard suspends forensic scientist amid fears 21 rape cases could be compromised – Daily Telegraph

Posted May 9th, 2018 in forensic science, news, police by tracey

‘More than 30 criminal investigations – including 21 rape and sex assault cases – are being urgently reviewed after Scotland Yard admitted one of its forensic scientists could have botched vital examinations.’

Full Story

Daily Telegraph, 8th May 2018

Source: www.telegraph.co.uk