July 2018 – Page 14 – Current Awareness

‘A survey of a compulsory barristers’ mentoring scheme has found a wide divergence of perceptions between the newly-qualified and experienced advocates questioned, with even answers to identical questions receiving very different replies.’

Full Story

Legal Futures, 9th July 2018

Source: www.legalfutures.co.uk

Insurer demands ‘more backing’ to battle dishonest claims – Law Society’s Gazette

Posted July 9th, 2018 in insurance, news, personal injuries by sally

‘A leading insurer has called for extra support from the judicial process if defendants are effectively to contest spurious personal injury claims.’

Full Story

Law Society's Gazette, 7th July 2018

Source: www.lawgazette.co.uk

Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project

Posted July 9th, 2018 in child abuse, domestic violence, family courts, injunctions, legal aid, news, non-molestation orders, statistics by sally

‘Twitter commentators asked questions last week of a BBC headline:

Thousands misusing abuse orders to get legal aid, says parenting charity

And the ‘click-bait’ opening sentence of the story itself:

Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’

Full Story

Transparency Project, 9th July 2018

Source: www.transparencyproject.org.uk

Council defends decision to revoke premises licence after test purchase failures – Local Government Lawyer

Posted July 9th, 2018 in licensing, local government, news by sally

‘A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.’

Full Story

Local Government Lawyer, 6th July 2018

Source: www.localgovernmentlawyer.co.uk

The right to die – who decides? – UK Human Rights Blog

Posted July 9th, 2018 in assisted suicide, bills, human rights, news, proportionality by sally

‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’

Full Story

UK Human Rights Blog, 9th July 2018

Source: ukhumanrightsblog.com

Church of England ombudsman to oversee sexual abuse cases – The Guardian

Posted July 9th, 2018 in child abuse, Church of England, clergy, news, ombudsmen, personal injuries by sally

‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’

Full Story

The Guardian, 7th July 2018

Source: www.theguardian.com

Good and bad news for Civil Liability Bill opponents – Legal Futures

Posted July 9th, 2018 in bills, civil procedure rules, electronic filing, litigants in person, news, personal injuries by sally

‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’

Full Story

Legal Futures, 6th July 2018

Source: www.legalfutures.co.uk

Coldstream Guard jailed for 19 years for Windsor rape – BBC News

Posted July 9th, 2018 in news, rape, sentencing by sally

‘A Coldstream Guards soldier who had been “prowling the streets” looking for “a lone female” before raping a woman has been jailed for 19 years.’

Full Story

BBC News, 6th July 2018

Source: www.bbc.co.uk

Misogyny hate crime in Nottinghamshire gives ‘shocking’ results – BBC News

Posted July 9th, 2018 in hate crime, news, women by sally

‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’

Full Story

BBC News, 9th July 2018

Source: www.bbc.co.uk

UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian

Posted July 9th, 2018 in assisted reproduction, consumer protection, fees, news by sally

‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’

Full Story

The Guardian, 9th July 2018

Source: www.theguardian.com

Stephen Lawrence killer David Norris to get damages – BBC News

Posted July 6th, 2018 in assault, compensation, Ministry of Justice, news, personal injuries, prisons by tracey

‘One of Stephen Lawrence’s killers has settled a claim with the Ministry of Justice after he was attacked in prison. David Norris suffered a broken nose and ribs at HMP Belmarsh in 2011 where he was being held on remand ahead of his trial for murder. He sued for damages, reported to be £10,000, after the assault.’

Full Story

BBC News, 6th July 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2018 in legislation by tracey

The Transfer of Functions (Parliamentary Constituencies Act 1986) Order 2018

The Investigatory Powers Act 2016 (Commencement No. 6) Regulations 2018

The Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) (Amendment) Order 2018

The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018

The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 6th, 2018 in law reports by tracey

Supreme Court

Goldman Sachs International v Novo Banco SA [2018] UKSC 34 (4 July 2018)

Belhaj & Anor v Director of Public Prosecutions & Anor [2018] UKSC 33 (4 July 2018)

Court of Appeal (Civil Division)

Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1587 (05 July 2018)

Interactive Technology Corporation Ltd v Ferster [2018] EWCA Civ 1594 (05 July 2018)

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] EWCA Civ 1556 (04 July 2018)

Holland And Barrett International Ltd & Anor v General Nutrition Investment Company [2018] EWCA Civ 1586 (04 July 2018)

Sainsbury’s Supermarkets Ltd v Mastercard Incorporated & Ors (Rev 1) [2018] EWCA Civ 1536 (04 July 2018)

AAA & Ors v Unilever Plc & Anor [2018] EWCA Civ 1532 (04 July 2018)

Court of Appeal (Criminal Division)

Alamgir & Ors, R v [2018] EWCA Crim 1553 (04 July 2018)

Mayers & Ors, R v [2018] EWCA Crim 1552 (04 July 2018)

Gordon, R v [2018] EWCA Crim 1555 (04 July 2018)

High Court (Administrative Court)

Saeed v SSHD [2018] EWHC 1707 (Admin) (05 July 2018)

Hutchinson & Anor, R (on the application of) v The Secretary of State for Health and Social Care & Anor [2018] EWHC 1698 (Admin) (05 July 2018)

Powys County Council v Hurst [2018] EWHC 1684 (Admin) (04 July 2018)

Teasdale v General Osteopathic Council [2018] EWHC 1679 (Admin) (04 July 2018)

Amrolia, R (on the application of) v HM Revenue & Customs [2018] EWHC 1688 (Admin) (04 July 2018)

High Court (Chancery Division)

Deane & Ors v Coutts & Co & Anor [2018] EWHC 1657 (Ch) (05 July 2018)

Chaston & Anor v Chaston [2018] EWHC 1672 (Ch) (05 July 2018)

Absolute Living Developments Ltd v DS7 Ltd & Ors [2018] EWHC 1717 (Ch) (05 July 2018)

Insurance Medical Reporting Ltd & Anor v Your Lawyers Ltd [2018] EWHC 1632 (Ch) (03 July 2018)

Hugh Cartwright & Amin v Devoy-Williams & Anor (Rev 1) [2018] EWHC 1692 (QB) (04 July 2018)High Court (Queen’s Bench Division)

Source: www.bailii.org

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 6th, 2018 in choice of forum, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by tracey

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

Full Story

Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by tracey

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

Full Story

Local Government Law, 4th July 2018

Source: local-government-law.11kbw.com

Lord Mayor’s Dinner for HM Judges July 2018: Lord Chancellor’s speech – Ministry of Justice

Posted July 6th, 2018 in courts, judiciary, London, rule of law, speeches by tracey

‘Lord Chancellor and Justice Secretary David Gauke gave a speech at the Lord Mayor’s Dinner for HM Judges at Mansion House.’

Full speech

Ministry of Justice, 4th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Drink driver escapes jail for fourth time after blaming abortion and dyslexia – Daily Telegraph

Posted July 6th, 2018 in drunk in charge, news, sentencing, suspended sentences by tracey

‘A drink driver escaped jail despite four convictions in three years after she blamed her behaviour on an abortion and a dyslexia diagnosis.’

Full Story

Daily Telegraph, 5th July 2018

Source: www.telegraph.co.uk

Family left woman to die in ‘disgusting’ house – BBC News

Posted July 6th, 2018 in families, news, sentencing, suspended sentences, wilful neglect by tracey

‘A woman who was supposed to be cared for by her daughter and ex-husband was left to die in “disgusting conditions”, a court heard.’

Full Story

BBC News, 5th July 2018

Source: www.bbc.co.uk