Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2018 in legislation by tracey

The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018

The Banks and Building Societies (Priorities on Insolvency) Order 2018

The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018

The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018

The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

The Public Lending Right Scheme 1982 (Commencement of Variation) (No. 3) Order 2018

The European Union (Withdrawal) Act 2018 (Consequential Amendments) Regulations 2018

The Tax Collection and Management (Wales) Act 2016 and the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Consequential Amendments) Order 2018

The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 29th, 2018 in law reports by tracey

Supreme Court

Stott, R (on the application of) v Secretary of State for Justice [2018] UKSC 59 (28 November 2018)

Secretary of State for Justice v MM [2018] UKSC 60 (28 November 2018)

Court of Appeal (Civil Division)

The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd & Ors [2018] EWCA Civ 2679 (28 November 2018)

Aziz v The Fremantle Trust [2018] EWCA Civ 2605 (28 November 2018)

Spahiu, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 2604 (28 November 2018)

W Nagel (A Firm) v Pluczenik Diamond Company NV [2018] EWCA Civ 2640 (28 November 2018)

High Court (Administrative Court)

British Telecommunications Plc, R (on the application of) v Her Majesty’s Treasury [2018] EWHC 3251 (Admin) (28 November 2018)

High Court (Chancery Division)

Permanent Secretary, Ministry of Energy, Commerce And Tourism & Anor v John & Pascalis Ltd [2018] EWHC 3226 (Ch) (28 November 2018)

High Court (Commercial Court)

Griffin Underwriting Ltd v Varouxakis (Free Goddess) [2018] EWHC 3259 (Comm) (28 November 2018)

High Court (Technology and Construction Court)

Burges & Anor v Lejonvarn [2018] EWHC 3166 (TCC) (26 November 2018)

Source: www.bailii.org

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

Full Story

Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Courts Bill: judges will decide what powers they farm out, says Gauke – Law Society’s Gazette

Posted November 29th, 2018 in bills, courts, judiciary, legal services, news, standards by tracey

‘The independence of the judiciary will be retained despite some of their functions being delegated to court staff without legal qualifications, the government has promised MPs.
Speaking yesterday during the second reading of the Courts and Tribunals (Judiciary and Functions of Staff) Bill, justice secretary David Gauke said measures will provide the flexibility and responsiveness needed within the court system.’

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Law Society's Gazette, 28th November 2018

Source: www.lawgazette.co.uk

Home Secretary gives backing to police who ram scooter criminals – Daily Telegraph

Posted November 29th, 2018 in motorcycles, news, police, statistics by tracey

‘he Home Secretary has offered his backing to police who ram moped thieves from their scooters saying it is “exactly what we need”.’

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Daily Telegraph, 28th November 2018

Source: www.telegraph.co.uk

Home Office admits it has made no attempt to inform Commonwealth deportees about Windrush taskforce – The Independent

‘The Home Office has made no attempt to inform people deported to Commonwealth countries that the Windrush taskforce exists, prompting concerns that people who were wrongly removed do not know they can have their cases looked into.’

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The Independent, 28th November 2018

Source: www.independent.co.uk

Gay rugby player facing deportation allowed to leave holding centre – The Guardian

Posted November 29th, 2018 in bail, deportation, homosexuality, immigration, news, tribunals by tracey

‘A gay rugby player who is facing deportation to Kenya, where he says he will be persecuted because of his sexuality, has been granted bail allowing him to leave the immigration centre where he was being held.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

Asylum seekers ‘too afraid’ to seek NHS care, report says – The Guardian

Posted November 29th, 2018 in asylum, data protection, health, human rights, immigration, news, ombudsmen by tracey

‘Asylum seekers who need NHS care have been left in “considerable fear” because of the government’s “hostile environment” policies, according to the human rights watchdog.
In a highly critical report the Equality and Human Rights Commission (EHRC) says people have gone without medical help since ministers forced the NHS in England to impose upfront charges to access care last year.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

Former postman wrongfully convicted of attempted rape to sue police force over forensic failings – The Independent

‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’

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The Independent, 28th November 2018

Source: www.telegraph.co.uk

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

Services at scandal-hit Shrewsbury and Telford hospitals ‘inadequate’ – Daily Telegraph

Posted November 29th, 2018 in codes of practice, hospitals, news, ombudsmen, pregnancy, standards by tracey

‘A hospital trust at the centre of a maternity care scandal has been criticised by health inspectors in a new report.’

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Daily Telegraph, 29th November 2018

Source: www.telegraph.co.uk

Online gambling firms fined in crackdown – BBC News

‘Three online casino companies have been fined and one has been prevented from operating in the UK following a crackdown by the industry regulator. The Gambling Commission has fined three firms almost £14m for not having “effective safeguards” to prevent money laundering and harm to customers from gambling.’

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BBC News, 29th November 2018

Source: www.bbc.co.uk

Watchdog to launch investigation into UK funerals over ‘unjustified’ price hikes – The Independent

Posted November 29th, 2018 in bereavement, budgets, burials and cremation, competition, news, statistics by tracey

‘The UK funeral market could be the subject of the competition watchdog’s next investigation, after the regulator said it had “serious concerns” with the sector due to “unjustified” price hikes of more than 66 per cent over the last 10 years.’

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The Independent, 29th November 2018

Source: www.independent.co.uk

Workshy dairy farmer son who ‘hates cows’ loses out on £1m inheritance – Daily Telegraph

Posted November 29th, 2018 in agriculture, families, news, wills by tracey

‘A dairy farmer’s workshy son who “hated the herd” and “made cows nervous” will be thrown out of his home after losing a High Court claim to inherit his parents’ £1million farm.’

Full Story

Daily Telegraph, 29th November 2018

Source: www.telegraph.co.uk