Noel Conway: Terminally-ill man loses assisted dying challenge – BBC News

Posted June 29th, 2018 in appeals, assisted suicide, news by tracey

‘A terminally-ill man who wants to be helped to die has lost his legal challenge at the Court of Appeal.’

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BBC News, 27th June 2018


Whose jurisdiction is it anyway? – Nearly Legal

Posted June 29th, 2018 in jurisdiction, news, repossession, service charges by tracey

‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’

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Nearly Legal, 28th June 2018


CVA should not proceed following emergence of £126m claim, says UK court –

Posted June 29th, 2018 in company law, contracts, insolvency, news by tracey

‘The Court of Appeal in England and Wales has ruled that a company voluntary arrangement (CVA) should not continue after the emergence of a new claim for £126 million against the insolvent company. The ruling underlined how important clarity and specificity are in contract terms.’

Full Story, 29th June 2018


Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog

‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’

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Supreme Court Blog, 28th June 2018


Recent Statutory Instruments –

Posted June 29th, 2018 in legislation by tracey

The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

The European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018

The Fire and Rescue Services (Appointment of Inspector) (Wales) Order 2018

The Double Taxation Relief and International Tax Enforcement (Ukraine) Order 2018

The Double Taxation Relief and International Tax Enforcement (Belarus) Order 2018

The Wildlife Licence Charges (England) Order 2018

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2018


BAILII: Recent Decisions

Posted June 29th, 2018 in law reports by tracey

Supreme Court

Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 (27 June 2018)

Court of Appeal (Civil Division)

P (A Child) [2018] EWCA Civ 1483 (28 June 2018)

Glaxo Group Ltd & Ors v Vectura Ltd [2018] EWCA Civ 1496 (28 June 2018)

B v The General Medical Council [2018] EWCA Civ 1497 (28 June 2018)

Lisle-Mainwaring v Associated Newspapers Ltd [2018] EWCA Civ 1470 (27 June 2018)

Wild Duck Ltd v Smith & Ors [2018] EWCA Civ 1471 (27 June 2018)

Conway, R (on the application of) v The Secretary of State for Justice & Ors [2018] EWCA Civ 1431 (27 June 2018)

Court of Appeal (Criminal Division)

Khan, R v [2018] EWCA Crim 1472 (27 June 2018)

High Court (Administrative Court)

Grant v Public Prosecutor of Argentan, France [2018] EWHC 1630 (Admin) (28 June 2018)

Nooh, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1572 (Admin) (27 June 2018)

High Court (Chancery Division)

Walton International Ltd & Anor v Verweij Fashion BV [2018] EWHC 1608 (Ch) (28 June 2018)

High Court (Commercial Court)

Fehn Schiffahrts GmbH & Co KG v Romani SPA [2018] EWHC 1606 (Comm) (27 June 2018)

High Court (Queen’s Bench Division)

Carter v Kingswood Learning and Leisure Group Ltd [2018] EWHC 1616 (QB) (27 June 2018)

High Court (Technology and Construction Court)

Lancashire Care NHS Foundation Trust & Anor v Lancashire County Council [2018] EWHC 1589 (TCC) (22 June 2018)


Prosecution by city council sees landlord ordered to pay £400k for safety failures – Local Government Lawyer

Posted June 29th, 2018 in fines, health & safety, landlord & tenant, news by tracey

‘A prosecution brought by City of Lincoln Council has seen a landlord in Lincoln fined £400,000 for failing to comply with fire, health and safety standards in two of his properties.’

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Local Government Lawyer, 28th June 2018


Man jailed for 1989 rape – Crown Prosecution Service

Posted June 29th, 2018 in press releases, rape, sentencing by tracey

‘A 64-year-old man has today been sentenced to 10 years’ imprisonment after he found guilty at Stafford Crown Court of raping a teenager in 1989.’

Full press release

Crown Prosecution Service, 28th June 2018


BSB shares good practice for barristers and advice for clients on consumer feedback – Bar Standards Board

Posted June 29th, 2018 in barristers, consumer protection, press releases by tracey

‘The Bar Standards Board (BSB) has today published new guidance that aims to encourage barristers to follow good practice when they receive feedback from their clients. It has also published a guide for the public about using and leaving feedback about barristers’ services.’

Full press release

Bar Standards Board, 28th June 2018


UK under fire over slavery measures after ‘disturbing’ case of trafficked boy – The Guardian

Posted June 29th, 2018 in children, government departments, news, trafficking in human beings by tracey

‘The government is under pressure to better protect victims of modern slavery and human trafficking in the UK, after landmark rulings against the Home Office’s treatment of a 15-year-old child and other victims. Lawyers are challenging “systematic deficiencies” in Theresa May’s flagship strategy to tackle modern slavery and protect victims. They urged the Home Office to respond to recent court rulings that show vulnerable victims are being failed.’

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The Guardian, 28th June 2018


Daily Mail publisher ordered to pay libel damages to Earl Spencer over report he was ‘heartless’ to Diana – The Independent

Posted June 29th, 2018 in damages, defamation, media, news, royal family by tracey

‘Associated Newspapers, the publisher of the Daily Mail, has paid libel damages to the brother of Princess Diana over a claim he acted in a heartless and callous way towards her following the collapse of her marriage to Prince Charles.’

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The Independent, 28th June 2018


Cross-party group of MPs seek to close loophole in upskirting bill – The Guardian

Posted June 29th, 2018 in bills, news, outraging public decency, parliament, photography by tracey

‘A cross-party group of MPs will seek to close a loophole in the government’s upskirting bill that could have allowed people who took images for financial gain or simply for fun to escape justice. The Conservative MP Maria Miller has held discussions with Labour’s Jess Phillips and the Liberal Democrat MP Wera Hobhouse about an amendment that would ensure there was a blanket ban on taking the voyeuristic images whatever the motivation.’

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The Guardian, 29th June 2018


Government policy forced 190 women to prove they were raped in order to get child benefits, figures show – The Independent

Posted June 29th, 2018 in benefits, children, disclosure, news, rape, tax credits by tracey

‘Scores of women have been forced to prove they were raped in order to get benefits under a new government policy, official figures show. In total, 190 women had to prove their child was conceived as a result of rape in order to receive financial support in the year after the two-child policy was introduced in April 2017.’

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The Independent, 28th June 2018


Home Office pays out £21m after mistakenly detaining 850 people – The Guardian

Posted June 29th, 2018 in compensation, deportation, detention, immigration, news by tracey

‘The Home Office mistakenly detained more than 850 people between 2012 and 2017, some of whom were living in the UK legally, and the government was forced to pay out more than £21m in compensation as a result, officials have revealed.’

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The Guardian, 28th June 2018


UK ‘knew US mistreated rendition detainees’ – BBC News

Posted June 29th, 2018 in intelligence services, news, rendition, terrorism by tracey

‘The UK tolerated “inexcusable” treatment of US detainees after the 9/11 attacks, MPs have found. The Intelligence and Security Committee said British agencies continued to supply intelligence to allies despite knowing or suspecting abuse in more than 200 cases.’

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BBC News, 28th June 2018


UK nurse is first person convicted under modern slavery laws – The Guardian

‘A British nurse has become the first person to be convicted under new modern slavery laws, after being found guilty of trafficking five Nigerian women to Germany to work as prostitutes.’

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The Guardian, 28th June 2018