Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2018 in legislation by tracey

The Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018

The Geo-Blocking (Enforcement) Regulations 2018

The Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Source: www.legislation.gov.uk

Court of Appeal hearing in London Stadium row to be livestreamed – Local Government Lawyer

Posted November 14th, 2018 in appeals, media, news, pilot schemes, reporting restrictions, sport by sally

‘A dispute about seating in the former London 2012 Olympic Stadium will be the first Court of Appeal hearing to be live-streamed in full.’

Full Story

Local Government Lawyer, 14th November 2018

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 14th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

St George’s, University of London v Rafique-Aldawery, R (On the Application Of) [2018] EWCA Civ 2520 (13 November 2018)

Safeer & Ors, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 2518 (13 November 2018)

Merricks v Mastercard Incorporated & Ors [2018] EWCA Civ 2527 (13 November 2018)

High Court (Administrative Court)

Solicitors Regulation Authority v James [2018] EWHC 3058 (Admin) (13 November 2018)

High Court (Chancery Division)

Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor [2018] EWHC 3048 (Ch) (13 November 2018)

Gilani v Saddiq & Ors [2018] EWHC 3084 (Ch) (13 November 2018)

Addlesee & Ors v Dentons Europe LLP [2018] EWHC 3010 (Ch) (13 November 2018)

Leon v Her Majesty’s Attorney General [2018] EWHC 3026 (Ch) (12 November 2018)

Red Bull GmbH v Big Horn UK Ltd & Ors [2018] EWHC 2794 (Ch) (12 November 2018)

Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch) (09 November 2018)

High Court (Commercial Court)

JSC VTB Bank v Skurikhin & Ors [2018] EWHC 3072 (Comm) (13 November 2018)

Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3077 (Comm) (09 November 2018)

High Court (Family Division)

LM v KD [2018] EWHC 3057 (Fam) (12 November 2018)

High Court (Queen’s Bench Division)

Jain v Manchester University NHS Foundation Trust [2018] EWHC 3016 (QB) (13 November 2018)

Busby v Berkshire Bed Company Litd [2018] EWHC 2976 (QB) (09 November 2018)

Source: www.bailii.org

Carl Sargeant’s widow wins high court bid to challenge inquiry into his sacking – The Guardian

‘The widow of a former Welsh government minister, who was found dead while he was facing sexual misconduct allegations, has won a high court bid to challenge the legality of an inquiry into his sacking.’

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The Guardian, 13th November 2018

Source: www.theguardian.com

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

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BBC News, 13th November 2018

Source: www.bbc.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

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Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Rogue bailiffs face crackdown as MP urges government to act – The Guardian

Posted November 14th, 2018 in bailiffs, debts, disabled persons, identification, news by sally

‘The government has pledged to crack down on rogue bailiffs after an MP raised the case of a disabled constituent who thought she was being burgled when debt collectors burst into her home without showing ID and took cash from her purse.’

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The Guardian, 13th November 2018

Source: www.theguardian.com

Windrush: 11 people wrongly deported from UK have died – Javid – The Guardian

Posted November 13th, 2018 in citizenship, colonies, deportation, immigration, news, statistics, victims by sally

‘Eight more members of the Windrush generation who may have been wrongly deported by UK authorities have been found to have died, taking the total to at least 11, the home secretary has confirmed.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

Full Story

Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

Full Story

Rights Info, 12th November 2018

Source: rightsinfo.org

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

Full Story

Law Pod UK, 12th November 2018

Source: audioboom.com

Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

Full Story

Family Law, 13th November 2018

Source: www.familylaw.co.uk

County court to test video hearings in year-long pilot – Legal Futures

Posted November 13th, 2018 in county courts, internet, live link evidence, news, pilot schemes by sally

‘A year-long pilot to hear applications to set aside county court default judgments by an internet-enabled video link will begin at the end of this month.’

Full Story

Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

Is it legal for your boss to make you wear a bra to work? – The Guardian

Posted November 13th, 2018 in employment, equality, news, sex discrimination, women by sally

‘What are women’s rights in this area? Can you really get sacked for not wearing a bra? According to Hayley Johnson, a senior associate in employment law for Slater and Gordon: “If someone was dismissed for not wearing a bra at work, that could be discriminatory under current law,” she says.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Give victims right to challenge police and parole decisions, say MPs and Lords – Daily Telegraph

Posted November 13th, 2018 in compensation, consultations, criminal justice, disclosure, news, parole, police, victims by sally

‘Crime victims must get new legal rights to challenge parole and police decisions, a new all party group of MPs and Lords will demand today (Tues).’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Ministers will not scrap ‘reasonable grounds’ stop and search rule – The Guardian

Posted November 13th, 2018 in investigatory powers, news, police, reasons, stop and search, weapons by sally

‘The government has ruled out changing stop and search rules to allow police to use the power without reasonable grounds to suspect wrongdoing, while saying they want to “reduce bureaucracy” over such operations.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

Full Story

Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Former UBS trader Kweku Adoboli could be deported to Ghana – The Guardian

Posted November 13th, 2018 in appeals, banking, deportation, fraud, immigration, judicial review, news, sentencing by sally

‘The convicted former UBS trader Kweku Adoboli has been arrested and could be deported to Ghana in the next few days, he has said.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk