Month: June 2018

Slamming the door on system failure in medical negligence inquests – Jeremy Hyam QC – UK Human Rights Law Blog

Posted June 22nd, 2018 in coroners, hospitals, judicial review, news, statutory duty by tracey

‘R (Parkinson) v. HM Senior Coroner for Kent and Others. If anyone had the lingering hope that the door to argue “system failure” in any but the most exceptional case of medical negligence remained ajar after the decision of the Grand Chamber in Lopes de Sousa, then the recent Divisional Court decision in Parkinson shows the door has been well and truly slammed shut.’

Full Story

UK Human Rights Law Blog, 19th June 2018

Source: ukhumanrightsblog.com

Court of Appeal cracks down on misconduct in detailed assessment in “watershed ruling” – Litigation Futures

Posted June 22nd, 2018 in civil procedure rules, costs, news, personal injuries, solicitors by tracey

‘The Court of Appeal has handed down what one of the lawyers involved has described as a “watershed” ruling on the conduct of detailed assessment proceedings, which saw a successful claimant lose half of her profit costs for claiming a higher hourly rate than she was entitled to.’

Full Story

Litigation Futures, 22nd June 2018

Source: www.litigationfutures.com

Updating the law of insurable interest – Law Commission

Posted June 22nd, 2018 in insurance, Law Commission, press releases by tracey

‘The Law Commission and the Scottish Law Commission have today published updated draft legislation intended to pull the law of insurable interest into the 21st century.’

Full press release

Law Commission, 20th June 2018

Source: www.lawcom.gov.uk/

Windrush lessons learned review – Home Office

Posted June 22nd, 2018 in citizenship, colonies, compensation, immigration, press releases by tracey

‘Wendy Williams, one of Her Majesty’s Inspectors of Constabulary will have oversight of the Windrush lessons learned review, the Home Secretary announced today.

Full press release

Home Office, 21st June 2018

Source: www.gov.uk/home-office

Do I have to pay child maintenance if my child lives abroad? – Family Law

Posted June 22nd, 2018 in children, domicile, enforcement, financial provision, foreign jurisdictions, news by tracey

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

Full Story

Family Law, 21st June 2018

Source: www.familylaw.co.uk

How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

Full Story

Family Law, 21st June 2018

Source: www.familylaw.co.uk

Rikki Neave death: No charges over schoolboy murder – BBC News

Posted June 22nd, 2018 in evidence, murder, news, prosecutions by tracey

‘A man arrested on suspicion of murdering a six-year-old boy almost 24 years ago will not face charges, prosecutors have said.’

Full Story

BBC News, 21st June 2018

Source: www.bbc.co.uk

FCA must act in wake of judge’s criticism of failure to bring top bankers to book for Libor scandal – The Independent

Posted June 22nd, 2018 in banking, financial regulation, interest, news by tracey

‘A judge’s sharp criticism of the Financial Conduct Authority for its failure to go after top bankers has put a cat right into the middle of the City regulator’s pigeons.’

Full Story

The Independent, 21st June 2018

Source: www.independent.co.uk

Sir Philip Green launches legal bid to gag BHS-related report – The Guardian

Posted June 22nd, 2018 in auditors, injunctions, news, reports by tracey

‘Sir Philip Green is seeking a gagging order to prevent the full publication of a watchdog’s report that casts fresh light on the BHS scandal. On Thursday, Green launched a high court bid to stop the Financial Reporting Council publishing its damning report on the failures of the auditors responsible for checking BHS’s accounts.’

Full Story

The Guardian, 21st June 2018

Source: www.theguardian.com

Church of England makes last-minute approach to abuse survivors – BBC News

Posted June 22nd, 2018 in child abuse, Church of England, inquiries, news, sexual offences by tracey

‘The Church of England has made last-ditch efforts to engage with sexual abuse survivors before a report of how it recorded cases of abuse is published next month.’

Full Story

BBC News, 22nd June 2018

Source: www.bbc.co.uk

Hundreds of whistleblowers claim they faced recriminations as NHS fears repeat of Gosport scandal – The Independent

Posted June 22nd, 2018 in disciplinary procedures, hospitals, news, victimisation, whistleblowers by tracey

‘Data collected by NHS whistleblowing body shows 7,000 staff came forward with patient safety or bullying concerns in 2017-18 but this is “just the tip of the iceberg.”‘

Full Story

The Independent, 22nd June 2018

Source: www.independent.co.uk

Hampshire police hand investigation into Gosport hospital deaths to another force after admitting failings – Daily Telegraph

Posted June 22nd, 2018 in doctors, homicide, hospitals, news, police, professional conduct, prosecutions by tracey

‘Hundreds of deaths at Gosport War Memorial Hospital are to be investigated by a new force after Hampshire’s chief constable admitted its inquiries were not fit for purpose.’

Full Story

Daily Telegraph, 21st June 2018

Source: www.telegraph.co.uk

Government must overhaul ‘mess’ of privatised probation system, inquiry finds – The Independent

Posted June 22nd, 2018 in contracting out, news, probation, select committees by tracey

‘The government must overhaul its “mess” of a botched programme to privatise probation that is failing against every measure and may threaten public safety, MPs have said.
An eight month inquiry by the Justice Committee found that the controversial Transforming Rehabilitation scheme had created a “two-tier” service seeing vital services outsourced to loss-making contractors.’

Full Story

The Independent, 22nd June 2018

Source: www.independent.co.uk

FDAC unit closure threatens future of problem-solving courts – Law Society’s Gazette

Posted June 22nd, 2018 in alcohol abuse, courts, drug abuse, families, family courts, local government, news by tracey

‘Days after it emerged that a national board set up to improve the performance of the family justice system and chaired by government ministers had not met for 17 months, a national unit set up only three years ago to support a pioneering problem-solving court service for families is shutting down due to lack of government support.’

Full Story

Law Society's Gazette, 21st June 2018

Source: www.lawgazette.co.uk

£2.4m spent on House of Commons gagging clauses – BBC News

Posted June 22nd, 2018 in bullying, confidentiality, disclosure, news, non-disclosure agreements, parliament by tracey

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

Full Story

BBC News, 22nd June 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 21st, 2018 in legislation by tracey

The Enterprise Management Incentives Exemptions and Reliefs (Amendment of Tax Advantages in Schedule 24 to the Finance Act 2016) Regulations 2018

The Breaching of Limits on Ticket Sales Regulations 2018

The Coroners and Justice Act 2009 (Commencement No. 18) Order 2018

The Criminal Justice and Courts Act 2015 (Commencement No. 7 and Transitional Provision) Order 2018

The Transmissible Spongiform Encephalopathies (England) Regulations 2018

The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 21st, 2018 in law reports by tracey

Court of Appeal (Civil Division)

National Bank of Kazakhstan & Anor v The Bank of New York Mellon Sa/nv, London Branch [2018] EWCA Civ 1390 (19 June 2018)

TDT, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 1395 (19 June 2018)

First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd [2018] EWCA Civ 1396 (19 June 2018)

Jushi Group Co Ltd v OCV Intellectual Capital LLC [2018] EWCA Civ 1416 (19 June 2018)

Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 (19 June 2018)

Lithuanian Beer Ltd v Revenue And Customs [2018] EWCA Civ 1406 (19 June 2018)

High Court (Administrative Court)

Baraka, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1549 (Admin) (20 June 2018)

Buckley, R (on the application of) v Bath and North East Somerset Council & Anor [2018] EWHC 1551 (Admin) (20 June 2018)

Business Energy Solutions Ltd & Anor v Crown Court at Preston & Anor [2018] EWHC 1534 (Admin) (19 June 2018)

SNA v Secretary of State for the Home Department [2018] EWHC 1504 (Admin) (19 June 2018)

Cheshire East Council v Secretary of State for Communities And Local Government [2018] EWHC 1524 (Admin) (19 June 2018)

Source: www.bailii.org

Consultation launched on General guideline for offences not covered by specific guidance – Sentencing Council

Posted June 21st, 2018 in consultations, criminal justice, press releases, sentencing by tracey

‘The Sentencing Council has launched a consultation on a General sentencing guideline for use when sentencing offences for which there is no existing guideline.’

Full press release

Sentencing Council, 19th June 2018

Source: www.sentencingcouncil.org.uk

Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by tracey

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

Full Story

Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

Home Office launches review into medical use of cannabis – Home Office

Posted June 21st, 2018 in drug offences, licensing, medical treatment, medicines, press releases by tracey

‘The Home Secretary today announced a review into the scheduling of cannabis for medicinal purposes.’

Full press release

Home Office, 19th June 2018

Source: www.gov.uk/home-office