New report shows that becoming a barrister remains highly competitive – Bar Standard Board

Posted May 10th, 2018 in barristers, legal profession, news, reports, universities by sally

‘The BSB has today published the fourth annual edition of its statistical information on student performance on the Bar Professional Training Course (BPTC).’

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Bar Standards Board, 10th May 2018

Source: www.barstandardsboard.org.uk

BAILII: Recent Decisions

Posted May 10th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Muir, R (On the Application Of) v Smart Pre-Schools Ltd [2018] EWCA Civ 1035 (09 May 2018)

Botleigh Grange Hotel Ltd v Revenue And Customs [2018] EWCA Civ 1032 (09 May 2018)

High Court (Administrative Court)

Henderson v Commissioner of Police for the Metropolis (Costs) [2018] EWHC 1092 (Admin) (09 May 2018)

High Court (Chancery Division)

Tish & Ors v Olley & Ors [2018] EWHC 1069 (Ch) (09 May 2018)

Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors [2018] EWHC 1077 (Ch) (09 May 2018)

High Court (Commercial Court)

KMG International NV v Chen & Anor [2018] EWHC 1078 (Comm) (09 May 2018)

Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions AG (M/Y PALLADIUM) [2018] EWHC 1056 (Comm) (09 May 2018)

High Court (Queen’s Bench Division)

Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) (09 May 2018)

Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 1070 (QB) (09 May 2018)

Source: www.bailii.org

Bouncy castle death: couple convicted of manslaughter – The Guardian

Posted May 10th, 2018 in health & safety, homicide, negligence, news by sally

‘Two fairground workers have been found guilty of the manslaughter by gross negligence of a seven-year-old girl who died after a bouncy castle blew away with her inside it.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Hate crime charges fall despite reports doubling – BBC News

Posted May 10th, 2018 in crime, hate crime, news, prosecutions by sally

‘Fewer people are being charged with racially and religiously aggravated hate crimes in England and Wales, despite a two-fold increase in reports.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Undercover police whistleblower joins boycott of inquiry – The Guardian

Posted May 10th, 2018 in inquiries, investigatory powers, news, police, whistleblowers by sally

‘A former undercover police officer who has become a whistleblower has joined a boycott of a public inquiry into the covert infiltration of political groups, saying it was concealing the state’s misconduct.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Gun crime: How do weapons appear on England’s streets? – BBC News

Posted May 10th, 2018 in crime, firearms, licensing, news by sally

‘Over the bank holiday weekend, a spate of shootings across England hit the headlines. They add to a picture of rising gun crime, after more than a decade of big decreases.’

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BBC News, 10th May 2018

Source: www.bbc.co.uk

Miscarriage of justice victims are cast aside in the UK. The details are shocking – The Guardian

Posted May 10th, 2018 in appeals, compensation, miscarriage of justice, news, Supreme Court, victims by sally

‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Ministry of Justice “a little frustrated” by legal aid strike as CBA recommends ‘no returns’ policy – Legal Futures

‘David Gauke, the justice secretary and Lord Chancellor, has admitted that the Ministry of Justice (MoJ) is feeling “a little frustrated” by the direct action taken by criminal law barristers over legal aid fees.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Man who attacked his children with hammer has jail term increased – The Guardian

Posted May 10th, 2018 in appeals, assault, child abuse, news, sentencing by sally

‘A man who attacked his four children with a hammer and drove them into a wall at 92mph has had his sentence increased from 14 to 24 years by appeal court judges.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Call to investigate barriers to ABSs moving into other professional services – Legal Futures

‘The Solicitors Regulation Authority (SRA) should investigate whether there are regulatory barriers to law firms that become alternative business structures (ABSs) providing other professional services such as accountancy and surveying, rather than vice versa, a report it commissioned has recommended.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Reading Snapchat row stabbing: Girl, 15, jailed – BBC News

Posted May 10th, 2018 in news, offensive weapons, sentencing, young offenders by sally

‘A 15-year-old who stabbed two other girls during a fight publicised on Snapchat has been jailed.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk

Family seek to replace ‘sarcastic’ coroner after autistic daughter died – The Guardian

Posted May 10th, 2018 in autism, care homes, coroners, inquests, news by sally

‘A family have begun judicial review proceedings to replace a “combative and sarcastic” coroner they say is blocking a full inquest into how their autistic daughter died while in the care of an NHS-funded private care home.’

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The Guardian, 10th May 2018

Source: www.theguardian.com

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

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.’

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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.’

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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.’

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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.’

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Law Society's Gazette, 9th May 2018

Source: www.lawgazette.co.uk