Supreme Court: grant of recreational rights over land can be easement – OUT-LAW.com

Posted November 16th, 2018 in easements, holidays, news, sport by tracey

‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 15th November 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2018 in legislation by tracey

The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018

The Van Benefit and Car and Van Fuel Benefit Order 2018

The Family Procedure (Amendment No. 2) Rules 2018

The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018

The School and Early Years Finance (England) (No. 2) Regulations 2018

The Armed Forces (Specified Aviation and Marine Functions) Regulations 2018

The Electricity and Gas (Energy Company Obligation) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 16th, 2018 in law reports by tracey

Supreme Court

Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) & Anor (rev 1) [2018] UKSC 56 (14 November 2018)

Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 (14 November 2018)

Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57 (14 November 2018)

Court of Appeal (Civil Division)

Jayaraman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 2545 (15 November 2018)

Fowler v HM Revenue and Customs [2018] EWCA Civ 2544 (15 November 2018)

Ahmed v Crown Prosecution Service [2018] EWCA Civ 2543 (15 November 2018)

Winter v Hockley Mint Ltd [2018] EWCA Civ 2480 (15 November 2018)

Faraday Development Ltd v West Berkshire Council & Anor [2018] EWCA Civ 2532 (14 November 2018)

British Telecommunications Plc v The Office of Communications [2018] EWCA Civ 2542 (14 November 2018)

High Court (Administrative Court)

Davies, R (On the Application Of) v The Criminal Cases Review Commission [2018] EWHC 3080 (Admin) (14 November 2018)

High Court (Chancery Division)

Hameed v Packe & Anor [2018] EWHC 3061 (Ch) (15 November 2018)

Brent London Borough Council v Davies & Ors [2018] EWHC 3129 (Ch) (15 November 2018)

Amin v London Borough of Redbridge & Anor [2018] EWHC 3100 (Ch) (15 November 2018)

Noble Group Ltd, Re [2018] EWHC 3092 (Ch) (14 November 2018)

High Court (Queen’s Bench Division)

Wallett & Ors v Vickers [2018] EWHC 3088 (QB) (14 November 2018)

Source: www.bailii.org

Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn – Supreme Court

Posted November 16th, 2018 in equity, estoppel, fiduciary duty, forfeiture, lectures, rectification, solicitors by tracey

‘Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn.’

Full speech

Supreme Court, 8th November 2018

Source: www.supremecourt.uk

Party awarded 2% of value of claim “was not winner” – Litigation Futures

Posted November 16th, 2018 in costs, damages, news, restitution by tracey

‘A claimant that recovered just 2% of the sum it originally claimed at trial was not the successful party, the High Court has ruled.’

Full Story

Litigation Futures, 16th November 2018

Source: www.litigationfutures.com

Law firm pays £20,000 compensation for unfair dismissal – Legal Futures

Posted November 16th, 2018 in compensation, constructive dismissal, law firms, news, unfair dismissal by tracey

‘A law firm accounts clerk who faced false allegations of sexually harassing a fellow employee has accepted damages of £20,000 after winning his claim of unfair constructive dismissal.’

Full Story

Legal Futures, 16th November 2018

Source: www.legalfutures.co.uk

Courts to pilot more flexible hours for the benefit of the public – Ministry of Justice

Posted November 16th, 2018 in courts, flexible working, pilot schemes, press releases by tracey

‘Early and late sittings will be piloted in civil and family courts, giving people greater access to hearings that can fit around their busy lives.’

Full press release

Ministry of Justice, 16th November 2018

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

Ian Naude: Cheshire PC convicted of raping 13-year-old girl – BBC News

Posted November 16th, 2018 in child abuse, news, police, rape by tracey

‘A policeman described as a “committed paedophile” has been convicted of raping a 13-year-old girl.’

Full Story

BBC News, 15th November 2018

Source: www.bbc.co.uk

Charles Bronson cleared of prison governor attack – The Independent

Posted November 16th, 2018 in attempts, grievous bodily harm, news, prison officers, prisons by tracey

‘Notorious inmate Charles Bronson has been cleared of trying to cause grievous bodily harm a senior prison officer.’

Full Story

The Independent, 15th November 2018

Source: www.independent.co.uk

Baronesses’ husbands should be made Lords because current rules are sexist, says Fiona Shackleton – Daily Telegraph

Posted November 16th, 2018 in married persons, news, peerages & dignities by tracey

‘The peerage system is sexist because husbands of baronesses are still referred to as ‘Mr’, according to one of Britain’s leading divorce lawyers. While the wife of a male peer is known as ‘Lady’, husbands of female peers are not awarded courtesy titles. It is an enduring symbol of inequality, according to Baroness Shackleton of Belgravia.’

Full Story

Daily Telegraph, 15th November 2018

Source: www.telegraph.co.uk

Doctors and teachers could face criminal charges for failing to report forced marriage – The Independent

Posted November 16th, 2018 in consultations, doctors, forced marriages, news, notification, prosecutions, teachers by tracey

‘Doctors, nurses and teachers could face criminal charges for failing to report forced marriage cases under plans being considered by the government. Ministers are weighing up the possibility of introducing a mandatory reporting duty to boost efforts to tackle the “hidden crime”. A Home Office consultation paper published this week seeks views on whether such a measure should be introduced, and if so, who it should apply to.’

Full consultation

Full Story

The Independent, 16th November 2018

Source: www.independent.co.uk

EE and Virgin Media fined £13.3m for overcharging customers – The Guardian

Posted November 16th, 2018 in consumer protection, contracts, fines, internet, news, telecommunications by tracey

‘Virgin Media and EE have been fined a combined £13.3m by the regulator Ofcom for overcharging nearly 500,000 phone and broadband customers who wanted to leave their contracts early.@

Full Story

The Guardian, 16th November 2018

Source: www.theguardian.com

Engineer suing BA for £10k after ‘obese passenger left him pinned to side of cabin’ on 12-hour flight – Daily Telegraph

Posted November 16th, 2018 in airlines, news, obesity, personal injuries by tracey

‘A civil engineer is suing British Airways for damages of up to £10,000 after he sat next to a passenger so “obese” it left him “pinned to the side of the cabin”.’

Full Story

Daily Telegraph, 15th November 2018

Source: www.telegraph.co.uk

Enfield care home guilty over ‘predatory’ resident’s sex attacks – BBC News

Posted November 16th, 2018 in care homes, fines, news, sexual offences by tracey

‘A care home has been convicted and fined for failing to protect two vulnerable adults from a sexually predatory resident.’

Full Story

BBC News, 15th November 2018

Source: www.bbc.co.uk

Peers block Lord Lester’s suspension over harassment claims – The Guardian

‘A women’s rights campaigner has said she feels “victimised all over again” after the House of Lords voted to block the suspension of a Liberal Democrat peer who was found to have promised to make her a baroness if she agreed to sleep with him.’

Full Story

The Guardian, 15th November 2018

Source: www.theguardian.com