Case Comment: Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34 – Supreme Court Blog

Posted July 20th, 2018 in banking, conflict of laws, EC law, jurisdiction, news by tracey

‘Dana Feinsohn, trainee solicitor in the litigation and arbitration team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Goldman Sachs International v Novo Banco S.A. [2018] UKSC 34.’

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Supreme Court Blog, 17th July 2018

Source: ukscblog.com

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch) – Zenith PI

Posted July 20th, 2018 in costs, fraud, indemnities, news by tracey

‘There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril.’

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Zenith PI, 17th July 2018

Source: zenithpi.wordpress.com

High Court dismisses fundamentally dishonest £850,000 personal injury claim – Litigation Futures

Posted July 20th, 2018 in news, personal injuries, psychiatric damage, road traffic by tracey

‘The High Court has dismissed in its entirety a £850,000 personal injury claim on the grounds of fundamental dishonesty.’

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Litigation Futures, 19th July 2018

Source: www.litigationfutures.com

MPs cast severe doubt on court modernisation – Legal Futures

Posted July 20th, 2018 in civil justice, courts, criminal justice, HM Courts Service, news by tracey

‘MPs on the public accounts committee (PAC) said today that they have “little confidence” that the court modernisation programme can be delivered.’

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Legal Futures, 20th July 2018

Source: www.legalfutures.co.uk

Statement following the publication of the Justice Select Committee report on Disclosure – Crown Prosecution Service

‘The Crown Prosecution Service and the National Police Chiefs Council have today (20 July) issued a joint response into the Justice Select Committee Report over Disclosure of evidence in criminal cases.’

Full press release

Crown Prosecution Service, 20th July 2018

Source: www.cps.gov.uk

BSB seeks views on draft of new Bar training rules – Bar Standards Board

Posted July 20th, 2018 in barristers, legal education, press releases by tracey

‘The Bar Standards Board (BSB) has today launched a consultation to seek views as to whether their proposed new rules for the training and qualification of barristers provide the right framework to give effect to the new policies announced recently by the regulator as part of its Future Bar Training (FBT) programme.’

Full press release

Bar Standards Board, 19th July 2018

Source: www.barstandardsboard.org.uk

There’s still no end in sight, says ‘winning’ husband in Mills v Mills – Law Society’s Gazette

Posted July 20th, 2018 in divorce, news, periodical payments, Supreme Court by tracey

‘The “meal ticket” phrase has long been loathed by family law specialists who see it as lazy journalism to describe a complex and nuanced area of their practice. But there was little comfort from this week’s Supreme Court ruling in Mills v Mills, trailed as the case that might do away with periodical payments for good.’

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Law Society's Gazette, 20th July 2018

Source: www.lawgazette.co.uk

Woman awarded £100k after husband’s death mid-divorce – BBC News

Posted July 20th, 2018 in damages, divorce, financial provision, news, road traffic offences by tracey

‘A woman whose husband was killed in the midst of the pair’s divorce has been awarded more than £100,000 in damages. Cathryn Craven brought a £676,985 claim against driver Terry Davies, who ploughed into Jayson, 48, in June 2014. She had argued there was a chance of reconciliation, while Davies’ lawyers had said the marriage was doomed.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Radical proposal to make escaping ‘leasehold trap’ easier for homeowners raised by Law Commission – The Independent

Posted July 20th, 2018 in enfranchisement, Law Commission, leases, news, reports by tracey

‘A radical proposal to make it easier and cheaper for homeowners to escape the so-called “leasehold trap” and buy the freehold of their houses has been put forward by the Law Commission.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

Parents set to lose right to veto sex education at age 15 – BBC News

Posted July 20th, 2018 in age of consent, news, parental rights, school children, veto by tracey

‘The government plans to let 15-year-olds overrule their parents’ wishes and opt in to sex education lessons they have previously been withdrawn from.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Ex-traders handed 13-year jail sentence for Euribor rate-rigging – Daily Telegraph

Posted July 20th, 2018 in banking, fraud, news, sentencing by tracey

‘Two former traders have been jailed for more than 13 years for trying to rig a key financial benchmark at the height of the financial crisis.’

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Daily Telegraph, 19th July 2018

Source: www.telegraph.co.uk

Moped mugger who stabbed man to death for his Rolex jailed for life – The Independent

Posted July 20th, 2018 in murder, news, robbery, sentencing by tracey

‘A murderer who stabbed a father to death while trying to steal his Rolex watch has been jailed for a minimum of 35 years.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

Windrush scandal: Compensation could be capped under proposed scheme – BBC News

Posted July 20th, 2018 in citizenship, colonies, compensation, immigration, news by tracey

‘Compensation promised to the victims of the Windrush scandal could be capped under government proposals. Launching a 12-week consultation on a compensation scheme, the Home Office said a cap would ensure no-one got a “disproportionately high payment”.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Plans to close courts across the UK could see suspects failing to turn up for hearings, report warns – Daily Telegraph

‘Plans to close courts across the UK could see suspects failing to turn up for hearings, the public accounts committee has warned.’

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Daily Telegraph, 20th July 2018

Source: www.telegraph.co.uk

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by tracey

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

DNA tests on asylum seekers dubious in law, Home Office admits – The Guardian

Posted July 20th, 2018 in asylum, children, DNA, families, news by tracey

‘Asylum seekers who were subjected to DNA swabs to prove their origins may be able to sue the government after the Home Office admitted the lawful basis for taking those samples was “dubious”.’

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The Guardian, 19th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 19th, 2018 in law reports by tracey

Supreme Court

Williams & Anor v London Borough of Hackney [2018] UKSC 37 (18 July 2018)

Mills v Mills [2018] UKSC 38 (18 July 2018)

Court of Appeal (Civil Division)

Al Jaber & Anor v Al Ibrahim & Anor [2018] EWCA Civ 1690 (18 July 2018)

Karia v The Secretary of State for the Home Department [2018] EWCA Civ 1673 (18 July 2018)

Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1699 (18 July 2018)

High Court (Administrative Court)

CEG Land Promotions II Ltd v Secretary of State for Housing Communities And Local Government [2018] EWHC 1799 (Admin) (18 July 2018)

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018)

High Court (Chancery Division)

Richard v The British Broadcasting Corporation (BBC) & Anor [2018] EWHC 1837 (Ch) (18 July 2018)

The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) (18 July 2018)

Dondore Incorporated & Anor v Fetaimia & Anor [2018] EWHC 1832 (Ch) (18 July 2018)

High Court (Family Division)

ABCDE, Re [2018] EWHC 1841 (Fam) (16 July 2018)

High Court (Technology and Construction Court)

Moore & Anor v National Westminster Bank [2018] EWHC 1805 (TCC) (17 July 2018)

Source: www.bailii.org

Government seeks views on legal aid for inquests – Ministry of Justice

Posted July 19th, 2018 in consultations, inquests, legal aid, legal representation, press releases by tracey

‘Justice Minister Lucy Frazer today announced the launch of a call for evidence to consider the need for legal representation during inquests.’

Full press release

Ministry of Justice, 19th July 2018

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

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

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Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk