Costs ‘disproportionately high’ in Russian oligarch battle – Law Society’s Gazette

Posted December 18th, 2018 in costs, freezing injunctions, jurisdiction, law firms, news, proportionality by sally

‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’

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Law Society's Gazette, 17th December 2018

Source: www.lawgazette.co.uk

Financial Conduct Authority brings in new push payment complaints rules – OUT-LAW.com

Posted December 18th, 2018 in complaints, financial regulation, fraud, news by sally

‘The UK’s Financial Conduct Authority (FCA) has confirmed it is to make it easier for victims of authorised push payment (APP) fraud to make a complaint about a transaction.’

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OUT-LAW.com, 18th December 2018

Source: www.out-law.com

The merits of and case for Land Value Taxation – OUP Blog

Posted December 18th, 2018 in news, sale of land, taxation, valuation by sally

‘The UK, especially London, has long experienced the kind of property boom that makes prices unaffordable. A recent Confederation of British Industry survey reported that this unaffordability is of great concern to employers. But these booms also mean that the owners of that land are accruing unearned gains which are not being efficiently or equitably taxed. The cost of building or repairing a house is almost the same whether it is in Knightsbridge or Knowsley – it is the land that makes the difference. The value of land comes from the uses to which it is put. The granting of planning permission, for example, increases the value of land, as does the addition of utilities.’

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OUP Blog, 18th December 2018

Source: blog.oup.com

UK couple who named baby after Hitler jailed for terror group membership – The Guardian

Posted December 18th, 2018 in news, proscribed organisations, sentencing, terrorism by sally

‘A neo-Nazi couple who named their baby son in honour of Hitler have been jailed for membership of a terrorist group.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

Windrush hardship fund to offer sums of up to £5,000 to victims – The Guardian

Posted December 18th, 2018 in citizenship, colonies, compensation, immigration, news by sally

‘The government has announced a hardship fund to provide up to £5,000 to members of the Windrush generation who were wrongly targeted by the hostile environment policy and left destitute, following months of pressure from MPs and campaigners.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

New Judgment: Welsh Ministers v PJ [2018] UKSC 66 – UKSC Blog

‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Supreme Court rules on CTOs, conditions and deprivations of liberty – Local Government Lawyer

‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Conveyancer who overcharged for search fees is suspended – Legal Futures

Posted December 18th, 2018 in client accounts, conveyancing, disciplinary procedures, fees, news, solicitors by sally

‘A solicitor who regularly overcharged clients for search fees and transferred money from client to office account without their consent has been suspended for two years by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 18th December 2018

Source: www.legalfutures.co.uk

Could student loans ruling mean the system is redesigned? – BBC News

Posted December 18th, 2018 in education, loans, news, universities by sally

‘An announcement on Monday could affect the future of the student loans system.’

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BBC News, 16th December 2018

Source: www.bbc.co.uk

Father loses damages claim over forged IVF signature – The Guardian

‘A father whose ex-partner forged his signature to conceive a daughter has lost a damages action against a London IVF clinic at the court of appeal.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 18th, 2018 in legislation by tracey

The Single Source Contract (Amendment) (No. 2) Regulations 2018

The Value Added Tax (Postal Packets and Amendment) (EU Exit) Regulations 2018

The Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2018

The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 18th, 2018 in law reports by tracey

Supreme Court

UKI (Kingsway) Ltd v Westminster City Council [2018] UKSC 67 (17 December 2018)

Welsh Ministers v PJ [2018] UKSC 66 (17 December 2018)

Williams v The Trustees of Swansea University Pension & Assurance Scheme & Anor [2018] UKSC 65 (17 December 2018)

Court of Appeal (Civil Division)

ARB v IVF Hammersmith & Anor [2018] EWCA Civ 2803 (17 December 2018)

High Court (Chancery Division)

Samuel v Samuel & Ors [2018] EWHC 3513 (Ch) (17 December 2018)

High Court (Commercial Court)

HMG Investment Holdings Ltd v National Westminster Bank Plc [2018] EWHC 3492 (Comm) (17 December 2018)

High Court (Queen’s Bench Division)

Intertrade Wholesale Ltd & Ors v Revenue & Customs & Anor [2018] EWHC 3476 (QB) (17 December 2018)

Source: www.bailii.org

New Judgment: UKI (Kingsway) Ltd v Westminster City Council & Anor [2018] UKSC 67 – UKSC Blog

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Council wins Supreme Court battle with ratepayer over service of completion notice – Local Government Lawyer

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’

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Local Government Lawyer, December 2018

Source: www.localgovernmentlawyer.co.uk

Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar” – UK Constitutional Law Association

Posted December 18th, 2018 in brexit, constitutional law, EC law, news, treaties by sally

‘The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond.’

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UK Constitutional Law Association, 17th December 2018

Source: ukconstitutionallaw.org

New Judgment: Williams v Trustees of Swansea University Pension and Assurance Scheme & Anor [2018] UKSC 65 – UKSC Blog

Posted December 18th, 2018 in disability discrimination, news, pensions, Supreme Court, universities by sally

‘The claimant appealed against a decision that the calculation of an enhancement under the ill-health early retirement provisions of his pension was not unfavourable treatment that constituted discrimination arising from disability.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Director liability for nuisance calls introduced – OUT-LAW.com

Posted December 18th, 2018 in company directors, news, nuisance, telecommunications by sally

‘Company directors in the UK can now be fined up to £500,000 if their businesses engage in unsolicited marketing activity.’

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OUT-LAW.com, 17th December 2018

Source: www.out-law.com

Legal PR: how is social media shaking up the mix? – New Law Journal

Posted December 18th, 2018 in advertising, barristers, internet, law firms, legal services, news by sally

​’Social media is increasingly the shop window for law firms and barristers’ chambers—but is it a ‘monumental waste of time’ or a ‘golden opportunity’ to set out their stall? Grania Langdon-Down reports.’

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New Law Journal, 14th December 2018

Source: www.newlawjournal.co.uk

NICE launches new standards framework for digital health technologies – Technology Law Update

Posted December 18th, 2018 in health, news, standards by sally

‘The National Institute for Health and Care Excellence (NICE) has launched new standards setting out the requirements needed to develop digital health technologies for the NHS.’

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Technology Law Update, 17th December 2018

Source: www.technology-law-blog.co.uk