52:48 again – criminal barristers vote to accept government legal aid deal – Legal Futures

Posted June 13th, 2018 in barristers, criminal justice, fees, legal aid, news by sally

‘The criminal Bar has narrowly voted to accept the government’s offer of £15m additional funding for the advocates’ graduated fee scheme, a result described as “neither a defeat nor a victory”.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

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The Independent, 13th June 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 13th, 2018 in legislation by tracey

The Control of Trade in Endangered Species Regulations 2018

The Money Market Funds Regulations 2018

Source: www.legislation.gov.uk

Fantasist jailed after accusing innocent taxi driver of sexual assault – Daily Telegraph

Posted June 13th, 2018 in news, perverting the course of justice, rape, sentencing by sally

‘An innocent taxi driver was unable to provide financial support for his family after he was falsely accused of groping a female passenger, a court heard.’

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Daily Telegraph, 12th June 2018

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted June 13th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

The National Guild of Removers & Storers Ltd v Bee Moved Ltd & Ors [2018] EWCA Civ 1302 (12 June 2018)

Jollah, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1260 (12 June 2018)

Heis & Ors v Financial Services Compensation Scheme Ltd & Anor [2018] EWCA Civ 1327 (11 June 2018)

Oates, R (on the application of) v Wealden District Council & Anor [2018] EWCA Civ 1304 (08 June 2018)

High Court (Administrative Court)

Aboro, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) (11 June 2018)

Provectus Remediation Ltd v Derbyshire County Council [2018] EWHC 1412 (Admin) (08 June 2018)

High Court (Chancery Division)

The Secretary of State for Business, Energy and Industrial Strategy v Steven [2018] EWHC 1331 (Ch) (12 June 2018)

Gee v Gee & Anor [2018] EWHC 1393 (Ch) (11 June 2018)

AABAR Block SARL & Anor v Maud [2018] EWHC 1414 (Ch) (11 June 2018)

High Court (Commercial Court)

P v Q [2018] EWHC 1399 (Comm) (11 June 2018)

High Court (Queen’s Bench Division)

Sheffield City Council v Crump & Ors [2018] EWHC 1411 (QB) (07 June 2018)

Source: www.bailii.org

BA pilot jailed for being four times over alcohol limit in plane cockpit – The Guardian

Posted June 13th, 2018 in airlines, alcohol abuse, news, sentencing by sally

‘A British Airways pilot has been jailed for eight months after being caught more than four times over the alcohol limit while on duty.’

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The Guardian, 12th June 2018

Source: www.theguardian.com

Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name? – UK Constitutional Law Association

‘All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing and controversial. But even more heat than usual was generated by this case. For starters, it followed swiftly after the Republic of Ireland’s referendum vote to repeal the Eighth Amendment of its Constitution, which acknowledges the equal right to life of the unborn child. That led to public and political pressure for change on the other side of the border too. But the Northern Ireland Assembly has been suspended since January 2017 and Westminster legislating in this area in its absence – particularly if prompted by the UKSC – would provoke controversy. The Conservative Government’s Confidence and Supply Agreement with the traditionally pro-life Democratic Unionist Party (DUP) further complicates the possibility of reform on this side of the Irish Sea. The outcome of a challenge to the compatibility of the Northern Ireland legislation was therefore keenly anticipated by many. In the event, a Court of seven declined (by a majority) to make the declaration of incompatibility due to a lack of standing. Given the Court’s conclusions, however, the judgment may effectively be a declaration in all but name.’

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UK Constitutional Law Association, 12th June 2018

Source: ukconstitutionallaw.org

Oxford grooming gang: Six members jailed – BBC News

Posted June 13th, 2018 in child abuse, news, rape, sentencing, sexual grooming, sexual offences by sally

‘Six men from Oxford who groomed and sexually abused teenage girls between 1998 and 2005 have been jailed.’

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BBC News, 12th June 2018

Source: www.bbc.co.uk

Back to school for UK judges in bid to raise courts awareness – The Guardian

Posted June 13th, 2018 in education, judiciary, news, school children by sally

‘Traditionally, judges issue summons to court but the lord chief justice of England and Wales has decided to allow judges to be summoned to the classroom.’

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The Guardian, 12th June 2018

Source: www.theguardian.com

Delaying disclosure for effective investigation – UK Police Law Blog

Posted June 12th, 2018 in delay, disclosure, news, police, reports by sally

‘The Family Division of the High Court in G v G (Chief Constable of Dorset Police intervening) [2018] EWHC 1100 (Fam) ordered that the service and disclosure of a CAFCASS report be delayed for a week in order to allow an effective police investigation into allegations that the father had sexually abused one of the children. The judgment of 4 May 2018 was delivered in private and Holman J gave leave for an anonymised version to be published one week later, stating that the decision had been made upon the Court “being asked to take a very unusual course” in “a very unusual application”.’

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UK Police Law Blog, 11th June 2018

Source: ukpolicelawblog.com

Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

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UK Constitutional Law Association, 11th June 2018

Source: ukconstitutionallaw.org

Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

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Family Law, 11th June 2018

Source: www.familylaw.co.uk

Contrasting fortunes for barristers appealing high-profile disciplinary rulings – Legal Futures

Posted June 12th, 2018 in appeals, barristers, disciplinary procedures, news, professional conduct by sally

‘Two barristers have had contrasting fortunes in appeals against high-profile sanctions imposed by the Bar Disciplinary Tribunal.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

UK should not legislate to control children’s use of technology, says culture secretary – The Guardian

Posted June 12th, 2018 in children, computer programs, internet, legislation, news, telecommunications by sally

‘The UK culture secretary, Matt Hancock, does not allow his own children to have mobile phones and thinks none should have access to devices overnight, but would not follow the French government’s lead in legislating on the issue.’

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The Guardian, 11th June 2018

Source: www.theguardian.com

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Let battle commence: Labour, Lib Dems and top judges bid to reduce impact of whiplash reforms – Legal Futures

Posted June 12th, 2018 in bills, news, parliament, personal injuries by sally

‘Opposition peers and leading legal figures will today try and curb the government’s whiplash reforms as the Civil Liability Bill enters its crucial report stage.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

Bogus cosmetic surgeon becomes first to be convicted of injecting fake Botox on two women – Daily Telegraph

Posted June 12th, 2018 in cosmetic surgery, doctors, fraud, grievous bodily harm, news by sally

‘A bogus cosmetic surgeon who inflicted grievous bodily harm on two female clients by injecting them with fake Botox has today been jailed for four years.’

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Daily Telegraph, 8th June 2018

Source: www.telegraph.co.uk

Ladbroke Grove drill rap machete gang sentenced – BBC News

‘Five gang members who made “drill” music videos glorifying violence have been sentenced after being caught with machetes and baseball bats.’

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BBC News, 11th June 2018

Source: www.bbc.co.uk

MPs and peers call for judge-led inquiry into UK rights abuses – The Guardian

Posted June 12th, 2018 in human rights, inquiries, news, parliament, rendition, torture by sally

‘An all-party group of MPs and peers has written to Theresa May demanding a judge-led inquiry into the UK’s role in human rights abuses since September 11.’

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The Guardian, 11th June 2018

Source: www.theguardian.com