Recent Statutory Instruments – legislation.gov.uk

Posted September 7th, 2018 in legislation by tracey

The Civil Procedure (Amendment No. 3) Rules 2018

The Police, Fire and Crime Commissioner for North Yorkshire (Fire and Rescue Authority) Order 2018

The Electricity (Individual Exemptions from the Requirement for a Generation Licence) (England and Wales) Order 2018

The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 7th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Vik v Deutsche Bank AG [2018] EWCA Civ 2011 (06 September 2018)

Sky Plc & Ors v Skykick, UK Ltd & Anor [2018] EWCA Civ 2004 (06 September 2018)

Sony/ATV Music Publishing LLC & Anor v WPMC Ltd & Anor [2018] EWCA Civ 2005 (06 September 2018)

High Court (Administrative Court)

KBR Inc, R (On the Application Of) v The Director of the Serious Fraud Office [2018] EWHC 2012 (Admin) (06 September 2018)

High Court (Chancery Division)

Gregory & Anor v Moore & Ors [2018] EWHC 2343 (Ch) (06 September 2018)

Source: www.bailii.org

Change to evidential standard could lead to more suicide verdicts – OUT-LAW.com

Posted September 7th, 2018 in burden of proof, inquests, news, standard of proof, suicide by tracey

‘A recent decision on the evidential standard of proof required for a coroner or jury to return a conclusion of suicide could lead to an increased number of “suicide” conclusions being upheld, and a change in the rules surrounding the burden of proof applied at inquests in the future.’

Full Story

OUT-LAW.com, 7th September 2018

Source: www.out-law.com

Finnian Clarke: The Worboys Parole Board Decision: Right Outcome, Wrong Reasons – UK Constitutional Law Association

Posted September 7th, 2018 in equality, judicial review, news, parole, sexual offences by tracey

‘The decision of the Divisional Court in the matter of R (DSD and NVB) v Parole Board of England and Wales, or the “Worboys Parole Board” case, was described by the Court as “wholly exceptional”, [3]. The Court, comprising Sir Brian Leveson, Mr Justice Jay and Mr Justice Garnham, quashed the decision of the Parole Board to release John Worboys, the “black cab rapist”. However, the “exceptional” nature of the case and its facts led the court into some rather tortured reasoning that undermines the structure and integrity of UK public law substantive review. The decision not to let Worboys, now known as John Radford, onto the streets after 9 years imprisonment likely represented the correct outcome, but the way the court got to this conclusion will make life notably more difficult for Parole Boards in exercising their duties in future. Such an outcome is all the more frustrating since the Divisional Court had a perfectly workable alternative means to securing this outcome: through the use of the “Public Sector Equality Duty” (PSED) found in s.149 of the Equality Act 2010.’

Full Story

UK Constitutional Law Association, 7th September 2018

Source: ukconstitutionallaw.org

Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers

Posted September 7th, 2018 in agency, arbitration, contract of employment, news, sport, stay of proceedings by tracey

‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’

Full Story

Sports Law Bulletin from Blackstone Chambers , 6th September 2018

Source: www.sportslawbulletin.org

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

Full Story

Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

Firm ordered to deliver new costs bill to Tower Hamlets campaigner – Law Society’s Gazette

Posted September 7th, 2018 in corruption, costs, elections, fees, news, solicitors by tracey

‘A London law firm has been ordered to present a new costs bill to a campaigner who led a legal battle to remove former Tower Hamlets mayor Lutfur Rahman in the latest action brought by an online fees-challenge service.’

Full Story

Law Society's Gazette, 6th September 2018

Source: www.lawgazette.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

Full Story

Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

English teacher refused UK visa because her English isn’t up to ‘standard’ – The Independent

Posted September 7th, 2018 in examinations, news, visas by tracey

‘An English teacher has been refused the right to join her fiance in the UK after the Home Office claimed her English does not meet the required standard.’

Full Story

The Independent, 7th September 2018

Source: www.independent.co.uk

BA chief pledges to compensate customers after data breach – The Guardian

Posted September 7th, 2018 in airlines, compensation, data protection, news by tracey

‘The chief executive of British Airways has promised to compensate customers who have had their data stolen in what he described as a sophisticated breach of the company’s security systems.’

Full Story

The Guardian, 7th September 2018

Source: www.theguardian.com

Government plans to jail Britons entering ‘designated areas’ abroad for 10 years under new terror laws – The Independent

Posted September 7th, 2018 in bills, internet, news, sentencing, terrorism by tracey

‘A new law that could see people imprisoned for up to 10 years if they enter “designated areas” abroad is being proposed by the government. Without announcing the plan, it has introduced a completely new clause to the Counter-Terrorism and Border Security Bill, which MPs and peers have already expressed human rights concerns about.’

Full Story

The Independent, 6th September 2018

Source: www.independent.co.uk

‘Gross failure’ in Kayden Urmston-Bancroft death – BBC News

Posted September 7th, 2018 in children, delay, hospitals, inquests, medical treatment, news by tracey

‘There was “gross failure” in the care of a toddler who died while awaiting emergency surgery, a coroner has said. Serious and basic failings led to an “unacceptable delay” in Kayden Urmston-Bancroft’s operation on a diaphragmatic hernia, an inquest heard.’

Full Story

BBC News, 6th September 2018

Source: www.bbc.co.uk

Ministers accused of issuing ‘torture warrants’ to spies – The Guardian

‘Ministers are routinely providing legal cover for the intelligence services where there is a possibility of information being extracted through torture abroad, under a so-called “James Bond clause”, a human rights group has alleged.’

Full Story

The Guardian, 6th September 2018

Source: www.theguardian.com

Nine out of ten car thieves are not caught as the number of vehicles stolen increases – Daily Telegraph

Posted September 7th, 2018 in news, police, statistics, theft by tracey

‘Some of the country’s largest police forces are failing to identify suspects in more than 90 per cent of car thefts, as critics claim criminals no longer fear being caught.’

Full Story

Daily Telegraph, 7th September 2018

Source: www.telegraph.co.uk

Grenfell Tower: Man jailed for stealing £50,000-worth of emergency relief – The Independent

Posted September 7th, 2018 in fire, fraud, news, sentencing by tracey

‘A cleaner who stole £53,000-worth of emergency relief intended for the victims of the Grenfell Tower fire has been jailed.’

Full Story

The Independent, 6th September 2018

Source: www.independent.co.uk