ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR – Zenith PI

Posted October 9th, 2018 in civil procedure rules, costs, health, negligence, news by tracey

‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’

Full Story

Zenith PI, 8th October 2018

Source: zenithpi.wordpress.com

Judge rejects challenge to police decision on council conduct and criminal proceedings – Local Government Lawyer

Posted October 9th, 2018 in criminal procedure, local government, news, police, prosecutions by tracey

‘The High Court has dismissed a challenge to a decision by Thames Valley Police that, regarding the conduct of Oxfordshire County Council, there was insufficient evidence to meet the Crown Prosecution Service’s threshold so as to justify criminal proceedings against anyone.’

Full Story

Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

Top costs QC: Unacceptable that proportionality test is still not clear – Litigation Futures

Posted October 9th, 2018 in barristers, costs, news, proportionality by tracey

‘It is “unacceptable” that there is still no guidance on the proportionality test more than five years after it came into force, a leading costs silk has argued.’

Full Story

Litigation Futures, 9th October 2018

Source: www.litigationfutures.com

New chapter: ending sexual harassment at the Bar – Counsel

Posted October 9th, 2018 in barristers, harassment, news, sexual offences by tracey

‘It’s not just women who are victims, not just men who are perpetrators and not just dinosaurs who are the problem. Sophie Garner and Esther Gamble outline the new Bar Council guidance on sexual harassment – busting myths, altering mindsets and powering collaborative change.’

Full Story

Counsel, October 2018

Source: www.counselmagazine.co.uk

Interview: Lord Sumption – Counsel

Posted October 9th, 2018 in barristers, judges, news, Supreme Court by tracey

‘The magic of the Bar, call of the Bench and parallel lives: in a rare interview Lord Sumption sets the record straight with Anthony Inglese.’

Full Story

Counsel, October 2018

Source: www.counselmagazine.co.uk

Government not to legislate for level crossings reform – Law Commission

Posted October 9th, 2018 in health & safety, Law Commission, legislation, press releases, railways, transport by tracey

‘The Law Commission for England and Wales and the Scottish Law Commission have noted the UK Government’s decision not to introduce legislation to implement our 2013 joint Report on Level Crossings. Instead, administrative changes are proposed that are very much in the spirit of our recommendations.’

Full press release

law Commission, 8th October 2018

Source: www.lawcom.gov.uk/

Construction and the Modern Slavery Act: Tackling exploitation in the UK – Home Office

Posted October 9th, 2018 in construction industry, reports, trafficking in human beings by tracey

‘This report examines the UK construction industry’s response to the Modern Slavery Act.’

Full report

Home Office, 9th October 2018

Source: www.gov.uk/home-office

Who must disclose what and when? – Family Law

Posted October 9th, 2018 in civil procedure rules, disclosure, documents, family courts, news by tracey

‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’

Full Story

Family Law, 9th October 2018

Source: www.familylaw.co.uk

Disabled victims of hate crime receiving improved service from prosecutors – report – Crown Prosecution Service

Posted October 9th, 2018 in Crown Prosecution Service, disabled persons, hate crime, press releases by tracey

‘A network of prosecutors dedicated to tackling hate crime has helped the Crown Prosecution Service (CPS) improve the experience of disabled victims, an inspection report has found.’

Full press release

Crown Prosecution Service, 9th October 2018

Source: www.cps.gov.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope – Courts and Tribunals Judiciary

Posted October 9th, 2018 in expert witnesses, judges, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope.’

Full speech

Courts and Tribunals Judiciary, 8th October 2018

source: www.judiciary.uk

BAILII: Recent Decisions

Posted October 9th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Evergreen Marine (UK) Ltd v Nautical Challenge Ltd [2018] EWCA Civ 2173 (05 October 2018)

GDF Suez Teesside Led v Revenue And Customs [2018] EWCA Civ 2075 (05 October 2018)

TW Logistics Ltd v Essex County Council & Anor [2018] EWCA Civ 2172 (05 October 2018)

B (A Child) [2018] EWCA Civ 2127 (04 October 2018)

T (A Child) [2018] EWCA Civ 2136 (04 October 2018)

Reiner & Anor v Triplark Ltd [2018] EWCA Civ 2151 (04 October 2018)

Court of Appeal (Criminal Division)

Save Britain’s Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 2137 (04 October 2018)

Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 2122 (04 October 2018)

T (A Child) [2018] EWCA Civ 2136 (04 October 2018)

High Court (Administrative Court)

Ulaszonek v Polish Judicial Authority [2018] EWHC 2618 (Admin) (08 October 2018)

T & Ors, R (on the application of) v The Secretary of State for Education [2018] EWHC 2582 (Admin) (06 October 2018)

AE, R (On the Application Of) v London Borough of Brent [2018] EWHC 2574 (Admin) (05 October 2018)

Forbes v Wokingham Borough Council [2018] EWHC 2530 (Admin) (04 October 2018)

The Good Law Project, R (on the application of) v Electoral Commission [2018] EWHC 2553 (Admin) (04 October 2018)

High Court (Chancery Division)

London Borough of Hounslow v Devere & Ors (Costs) [2018] EWHC 2613 (Ch) (08 October 2018)

WH Holding Ltd & Anor v E20 Stadium LLP [2018] EWHC 2578 (Ch) (05 October 2018)

High Court (Commercial Court)

Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) (05 October 2018)

Midtown Acquisitions LP v Essar Global Fund Ltd [2018] EWHC 2545 (Comm) (04 October 2018)

BB Energy (Gulf) DMCC v Al Amoudi & Ors [2018] EWHC 2595 (Comm) (04 October 2018)

High Court (Family Division)

KBH & Ors (Forced Marriage Protection Order : Persons To Be Protected Permanently Resident Abroad) [2018] EWHC 2611 (Fam) (28 September 2018)

High Court (Queen’s Bench Division)

Lloyd v Google LLC [2018] EWHC 2599 (QB) (08 October 2018)

Piepenbrock v The London School of Economics And Political Science [2018] EWHC 2572 (QB) (05 October 2018)

Source: www.bailii.org

UK doctors accused of helping couples choose the sex of their babies – The Guardian

Posted October 9th, 2018 in assisted reproduction, doctors, gender, news, sex discrimination by tracey

‘The UK’s fertility regulator has launched an investigation into claims that at least four British doctors are helping couples to choose the sex of their babies.’

Full Story

The Guardian, 8th October 2018

Source: www.theguardian.com

Watchdog investigates firms over hidden fees – Daily Telegraph

Posted October 9th, 2018 in consumer protection, fees, financial regulation, news by tracey

‘A number of financial services firms that have failed to transparently declare what they charge their customers are being investigated by the industry watchdog, the Financial Conduct Authority (FCA).’

Full Story

Daily Telegraph, 8th October 2018

Source: www.telegraph.co.uk

Man who grew up in UK wrongly told to leave country for second time – The Independent

Posted October 9th, 2018 in deportation, immigration, news by tracey

“A former London Underground worker who has lived in the capital for almost his entire life has been wrongly threatened with removal by the Home Office for the second time within a year.”

Full Story

The Independent, 8th October 2018

Source: www.independent.co.uk

Exeter prison condemned by inspectors for violence and drug use – The Guardian

Posted October 9th, 2018 in criminal justice, drug abuse, news, prisons, violence by tracey

‘The crisis-struck HMP Exeter prison, one of only four to have been subjected to special emergency action, is “very violent” and has overt drug use that is not regarded as exceptional by staff, according to inspectors.’

Full Story

The Guardian, 9th October 2018

Source: www.theguardian.com

Convicted paedophile Douglas Slade sued by alleged Filipino victims – BBC News

Posted October 9th, 2018 in damages, news, sexual grooming, sexual offences by tracey

‘A convicted British paedophile is being sued for damages by five young people who claim they were sexually exploited by him overseas, in what is thought to be the first case of its kind.’

Full Story

BBC News, 9th October 2018

Source: www.bbc.co.uk

Woman jailed for goading ex-partner with explicit photo of new boyfriend he then killed – Daily Telegraph

Posted October 9th, 2018 in assisting offenders, news, sentencing by tracey

‘A woman who sent an intimate photo to her ex-boyfriend who then murdered the man pictured in the image in a fit of jealousy has been jailed for four months.’

Full Story

Daily Telegraph, 8th October 2018

Source: www.independent.co.uk

Boy, 6, awarded record £37m in NHS compensation after ‘catastrophic’ brain damage – Daily Telegraph

Posted October 9th, 2018 in children, compensation, health, news, personal injuries by tracey

‘Boy, 6, awarded record £37m in NHS compensation after “catastrophic” brain damage.’

Full Story

Daily Telegraph, 8th October 2018

Source: www.telegraph.co.uk

Heathrow fined for USB stick data breach – BBC News

Posted October 9th, 2018 in airports, data protection, fines, news by tracey

‘Heathrow Airport has been fined £120,000 by the Information Commissioner’s Office for “serious” data protection failings. It comes after a staff member lost a USB stick last October containing “sensitive personal data”, which was later found by a member of the public.’

Full Story

BBC News, 8th October 2018

Source: www.bbc.co.uk