Defamation and privacy case cost reforms earmarked for 2019 – OUT-LAW.com

Posted December 4th, 2018 in costs, defamation, fees, news, privacy by tracey

‘Publishers that lose defamation and privacy cases brought against them in England and Wales will not be forced to pay the “success fee” charged by lawyers of the successful party via so-called ‘conditional fee arrangements’ (CFAs) under cost reforms due to be implemented in April next year.’

Full Story

OUT-LAW.com, 3rd December 2018

Source: www.out-law.com

Fundamental dishonesty – you have been warned (hopefully) – Zenith PI

Posted December 4th, 2018 in contempt of court, costs, fraud, news, personal injuries, road traffic by tracey

‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

Full Story

Zenith PI, 30th November 2018

Source: zenithpi.wordpress.com

Digital Court Reform Conference: David Gauke speech – Ministry of Justice

Posted December 4th, 2018 in electronic filing, small claims, speeches by tracey

‘The Secretary of State for Justice spoke at the first international forum on online court services.’

Full speech

Ministry of Justice, 3rd December 2018

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

Law Commission launches reforms to planning law in Wales – Law Commission

Posted December 4th, 2018 in Law Commission, planning, press releases, Wales by tracey

‘The Law Commission has published a wide-ranging report proposing over 190 technical reforms to planning law as it applies in Wales. This will hopefully lead to the appearance of a new Planning Act, as the centrepiece of a new Planning Code for Wales.’

Full press release

Law Commission, 3rd December 2018

Source: www.lawcom.gov.uk/

New report on Alternative Dispute Resolution – Courts and Tribunals Judiciary

Posted December 4th, 2018 in civil justice, Civil Justice Council, dispute resolution, reports by tracey

‘A working group of the Civil Justice Council (CJC) has published a report making recommendations for Alternative Dispute Resolution – ways of resolving certain disputes that don’t involve going to court.’

Full report

Courts and Tribunals Judiciary, 4th December 2018

Source: www.judiciary.gov

Article 50: Law officer says UK can cancel Brexit – BBC News

Posted December 4th, 2018 in brexit, EC law, news, references to European Court, treaties by tracey

‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’

Full Story

BBC News, 4th December 2018

Source: www.bbc.co.uk

Boxing guru loses £922k costs fight with former lawyers – Law Society’s Gazette

Posted December 4th, 2018 in costs, fees, law firms, news, solicitors by tracey

‘Boxing promoter Frank Warren has failed to persuade the High Court to order a detailed assessment of around £922,000 in costs rendered by his former solicitors.’

Full Story

Law Society's Gazette, 4th December 2018

Source: www.lawgazette.co.uk

Poppi Worthington: Abuse accused father says coroner ‘overstepped mark’ – BBC News

Posted December 4th, 2018 in child abuse, coroners, inquests, judicial review, news, sexual offences by tracey

‘A coroner who concluded a father had sexually assaulted his daughter shortly before her death “overstepped the mark”, the man’s lawyer has claimed.’

Full Story

BBC News, 3rd December 2018

Source: www.bbc.co.uk

Ofcom investigates TV station over interview praising attack in Iran – The Guardian

Posted December 4th, 2018 in complaints, Iran, media, news, proscribed organisations, terrorism by tracey

‘A London-based satellite news station is being formally investigated by Ofcom after broadcasting an interview with an extremist group that claimed responsibility for a terrorist attack in Iran.’

Full Story

The Guardian, 3rd December 2018

Source: www.theguardian.com

Westminster paedophile accuser ‘Nick’ identified as judge lifts legal restriction – The Independent

‘The man known as “Nick” whose allegations sparked the Westminster sex abuse probe can be identified after a judge lifted a legal restriction.’

Full Story

The Independent, 3rd December 2018

Source: www.independent.co.uk

Boris Becker ends diplomatic immunity defence from bankruptcy – The Guardian

Posted December 4th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘The former world No 1 tennis player Boris Becker has dropped his claim to have diplomatic immunity from bankruptcy. The three-time Wimbledon champion had argued his appointment by the Central African Republic as a sporting, cultural and humanitarian attache to the European Union meant he could not be subjected to legal proceedings.’

Full Story

The Guardian, 3rd December 2018

Source: www.theguardian.com

Triple child killer David McGreavy cleared for release by Parole Board – Daily Telegraph

Posted December 4th, 2018 in children, murder, news, parole by tracey

‘The man who murdered three small children and impaled them on ­railings has been cleared for release by the Parole Board.’

Full Story

Daily Telegraph, 3rd December 2018

Source: www.telegraph.co.uk

Prosecutions of parents for child cruelty and neglect double in five years – Daily Telegraph

‘The number of parents prosecuted for child cruelty or neglect has doubled to almost 17,000 in the past five years amid concerns over rising drug and alcohol misuse and mental ill health, police figures reveal today.’

Full Story

Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Police launch urgent review of child cadet programmes ‘being abused by officers for sexual purposes’ – The Independent

Posted December 4th, 2018 in child abuse, news, police, vetting, volunteers, young persons by tracey

‘Police forces are launching an urgent review of volunteer cadet programmes amid fears they are being used by paedophiles to gain access to children. The Independent Office for Police Conduct (IOPC) is investigating several police officers who worked with cadet groups – which are for young people aged between 13 and 18 – in London and Manchester, and called for safeguarding checks across England and Wales.’

Full Story

The Independent, 4th December 2018

Source: www.independent.co.uk

Refugee families allowed to settle in UK after 20 years stranded at British military base in Cyprus – The Independent

Posted December 4th, 2018 in immigration, news, refugees by tracey

‘Six refugee families who have been stranded at a British military base in Cyprus for more than 20 years are to be allowed to settle in the UK following a legal battle.
The government has granted the group indefinite leave to enter the UK for permanent residence, in a U-turn that comes shortly before a Supreme Court hearing on the case.’

Full Story

The Independent, 4th December 2018

Source: www.independent.co.uk

Met police driver faces criminal investigation after ramming moped – The Guardian

Posted December 4th, 2018 in news, police, road traffic, road traffic offences, robbery, young offenders by tracey

‘A Metropolitan police driver is under criminal investigation after using a special tactic to deliberately knock a fleeing suspect off a moped, the Guardian has learned.’

Full Story

The Guardian, 4th December 2018

Source: www.theguardian.com

HMRC treating taxpayers unfairly, House of Lords report says – The Independent

Posted December 4th, 2018 in HM Revenue & Customs, news, select committees, tax avoidance, tax evasion by tracey

‘Taxpayers are being treated unfairly by HMRC, according to a new House of Lords report, which also warns that the government’s tax collection arm has become too powerful.’

Full Story

The Independent, 4th December 2018

Source: www.independent.co.uk

Online pleas and AI for judges: minister reveals UK law reform plans – The Guardian

Posted December 4th, 2018 in artificial intelligence, electronic filing, electronic mail, judiciary, news by tracey

‘Court cases conducted by email, more pleas made online and judges helped by artificial intelligence are likely to feature in the next stage of digital law reform, the justice minister Lucy Frazer has revealed.’

Full Story

The Guardian, 3rd December 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2018 in legislation by tracey

The Child Maintenance and Other Payments Act 2008 (Commencement No.16) Order 2018

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

The Building (Amendment) Regulations 2018

The Sanctions Review Procedure (EU Exit) Regulations 2018

The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) (Amendment) and Multilingual Standard Forms Regulations 2018

The Wharves, Examination Stations and Temporary Storage Facilities (Approval Conditions) (EU Exit) Regulations 2018

The Wharves and Temporary Storage Facilities (Approval Condition and Transitional Provision) (EU Exit) Regulations 2018

The Customs (Contravention of a Relevant Rule) (Amendment) (EU Exit) Regulations 2018

The Customs Transit Procedures (EU Exit) Regulations 2018

The Business Contract Terms (Assignment of Receivables) Regulations 2018

The Inquiries and Coroners (Amendment) (EU Exit) Regulations 2018

The Driving Licences (Amendment) (EU Exit) Regulations 2018

The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018

The Customs (Import Duty) (EU Exit) Regulations 2018

The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018

The Financial Penalty Deposit and Fixed Penalty Offences (Miscellaneous Provisions) Order 2018

The Higher Education and Research Act 2017 (Commencement No. 5) Regulations 2018

The Higher Education and Research Act 2017 (Transitional and Saving Provisions) (University Title) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 3rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

WH Holding Ltd & Anor v E20 Stadium LLP [2018] EWCA Civ 2652 (30 November 2018)

Forrester v The Secretary of State for the Home Department [2018] EWCA Civ 2653 (29 November 2018)

Rashid v Nasrullah [2018] EWCA Civ 2685 (29 November 2018)

High Court (Administrative Court)

MIV & Ors,R (on the application of) v LB of Newham [2018] EWHC 3298 (Admin) (30 November 2018)

Jefferies & Ors, R (on the application of) v The Secretary of State for the Home Department & Ors [2018] EWHC 3239 (Admin) (29 November 2018)

High Court (Chancery Division)

Birdi v Price & Anor [2018] EWHC 2943 (Ch) (30 November 2018)

McDonagh v Bank Of Scotland Plc & Ors [2018] EWHC 3262 (Ch) (30 November 2018)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 3229 (Ch) (30 November 2018)

Singh v Hicken [2018] EWHC 3277 (Ch) (29 November 2018)

Raja v Van Hoogstraten & Ors [2018] EWHC 3261 (Ch) (29 November 2018)

High Court (Commercial Court)

Cunningham v Ellis & Ors [2018] EWHC 3188 (Comm) (30 November 2018)

Greenhouse v Paysafe Financial Services Ltd [2018] EWHC 3296 (Comm) (30 November 2018)

Aircraft Purchase Fleet Ltd v Compagnia Aerea Italiana Spa [2018] EWHC 3315 (Comm) (30 November 2018)

Fleetwood Wanderers Ltd (t/a Fleetwood Town Football Club) v AFC Fylde Ltd [2018] EWHC 3318 (Comm) (30 November 2018)

High Court (Family Division)

US v SR [2018] EWHC 3207 (Fam) (29 November 2018)

High Court (Queen’s Bench Division)

Mason & Anor v Godiva Mortgages Ltd [2018] EWHC 3227 (QB) (30 November 2018)

Brayshaw v The Partners of Apsley Surgery & Anor [2018] EWHC 3286 (QB) (30 November 2018)

MN, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 3268 (QB) (29 November 2018)

Hall v Derby Teaching Hospitals NHS Foundation Trust [2018] EWHC 3276 (QB) (27 November 2018)

Source: www.bailii.org