If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

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Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

Home Office to pay damages for detention of immigrant claimant – UK Human Rights Blog

Posted June 18th, 2018 in detention, false imprisonment, government departments, immigration, news by sally

‘The Court of Appeal has upheld an award of damages for false imprisonment in the context of immigration detention. The Court found that an unlawful curfew which required residence at a specific address between specific hours each day and which was backed by the threat of criminal sanctions and electronic tagging gave rise to the tort of false imprisonment.’

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UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

Law Pod UK Ep. 37: Establishing public inquiries and reopening inquests – 1 COR

Posted June 18th, 2018 in inquests, inquiries, news, podcasts by sally

‘Gideon Barth discusses when are public inquiries established or inquests reopened in this highlight from One Crown Office Row’s 2018 seminar.’

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Law Pod UK, 14th June 2018

Source: audioboom.com

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘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.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

What is the price of safety? And who pays the price? – Hardwicke Chambers

Posted June 18th, 2018 in fire, health & safety, inquiries, leases, news, repairs by sally

‘On 14 June 2017, 72 people were killed when a huge fire engulfed the Grenfell Tower Block in West London. As we approach the anniversary of that appalling disaster, the inquiry into what happened has only just begun, with harrowing accounts from witnesses and survivors. One thing that does seem clear however, is that the retro-fitted cladding which was applied to the outside of the tower was entirely useless in slowing the blaze. Indeed, it seems that the cladding was itself flammable, feeding the flames, and was fitted in such a way as to aid the spread of the blaze.’

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Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

The Pimlico Plumbers Case Matters for Workers’ Rights: Here’s Why – Rights Info

Posted June 18th, 2018 in contract of employment, news, self-employment, Supreme Court by sally

‘In a landmark decision this week, the UK’s Supreme Court held that a plumber was entitled to employment rights during his time working for Pimlico Plumbers – despite the company saying he was only a freelance contractor. RightsInfo takes a look at what impact this ruling might have on others working in the so-called ‘gig-economy’?’

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Rights Info, 15th June 2018

Source: rightsinfo.org

Wish you weren’t here? – New Law Journal

Posted June 18th, 2018 in electronic mail, flexible working, holidays, legal profession, news by sally

‘Step out of the office & take some time to reflect on your work/life balance, says Matthew Kay.’

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New Law Journal, 13th June 2018

Source: www.newlawjournal.co.uk

Members of all-female terror cell jailed over London knife plot – The Guardian

Posted June 18th, 2018 in conspiracy, guilty pleas, news, offensive weapons, sentencing, terrorism, women by sally

‘Members of Britain’s first all-female terror cell, including a mother and daughter, have been jailed for planning a knife attack on members of the public outside the Palace of Westminster in London.’

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The Guardian, 15th June 2018

Source: www.theguardian.com

Passing off: NGRS. v Bee Moved – NIPC Law

Posted June 18th, 2018 in evidence, misrepresentation, news by sally

‘This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off. The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.’

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NIPC Law, 16th June 2018

Source: nipclaw.blogspot.com

Moped teen ‘highwaymen’ handed life sentences – BBC News

Posted June 18th, 2018 in murder, news, sentencing by sally

‘Two moped riders who stabbed a charity youth worker to death during a “four-hour spree of violence” have been sentenced to life in prison.’

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BBC News, 15th June 2018

Source: www.bbc.co.uk

Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org

MPs warned of court modernisation risks – Legal Futures

‘Evidence provided to MPs by those involved in or observing the courts have outlined wide-ranging concerns about the government’s court modernisation programme.’

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Legal Futures, 18th June 2018

Source: www.legalfutures.co.uk

London drill rap group banned from making music due to threat of violence – The Guardian

‘A drill rap group in London has been issued with a court order that bans them from making music without police permission.’

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The Guardian, 15th June 2018

Source: www.theguardian.com

Bouncy castle death pair jailed for three years – BBC News

Posted June 18th, 2018 in children, health & safety, homicide, negligence, news, sentencing by sally

‘Two fairground workers convicted of manslaughter by gross negligence after a bouncy castle blew away with a young girl inside have been jailed.’

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BBC News, 15th June 2018

Source: www.bbc.co.uk

Law Pod UK Ep. 36: Secrecy, anonymity and public information – 1 COR

Posted June 18th, 2018 in anonymity, freedom of information, inquests, inquiries, news by sally

‘Emma-Louise Fenelon discusses the challenges around secrecy, anonymity and public information in major inquests and inquiries in a talk recorded at One Crown Office Row’s 2018 seminar.’

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Law Pod UK, 14th June 2018

Source: audioboom.com

Landmark Judgment for Women’s Rights – Oxford Human Rights Hub

Posted June 18th, 2018 in abortion, human rights, news, Northern Ireland, Supreme Court by sally

‘The Supreme Court of the United Kingdom concluded on the 7th June 2018 that Northern Ireland’s laws on termination of pregnancy are incompatible with human rights. More specifically, in situations of rape, incest and fatal foetal abnormality a majority of the judges concluded that the law breaches the right to private life protected by article 8 of the European Convention on Human Rights. The Court highlighted the disproportionate nature of the interference, which stresses and humiliates women and girls experiencing a time of crisis. It further recognised the possibility that individual cases, in the three circumstances, may fall within the scope of article 3 and reach the threshold of severity required to be considered inhuman and degrading.’

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Oxford Human Rights Hub, 14th June 2018

Source: ohrh.law.ox.ac.uk

CoA awards £60k damages against ‘unscrupulous’ fake firm fraudsters – Law Society’s Gazette

Posted June 18th, 2018 in damages, fraud, law firms, misrepresentation, news, solicitors by sally

‘The Court of Appeal has ruled that an insurance company is entitled to exemplary damages against fraudsters whose conduct was described as ‘outrageous’.’

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Law Society's Gazette, 15th June 2018

Source: www.lawgazette.co.uk

Law Pod UK Ep. 35: Lessons from Bloody Sunday and Hillsborough – 1 COR

Posted June 18th, 2018 in armed forces, health & safety, inquests, inquiries, news, Northern Ireland by sally

‘Matthew Hill discusses the lessons and warnings from the Bloody Sunday inquiry and the Hillsborough inquest in this talk recorded at One Crown Office Row’s 2018 seminar.’

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Law Pod UK, 14th June 2018

Source: audioboom.com