Recent Statutory Instruments – legislation.gov.uk

Posted January 17th, 2019 in legislation by tracey

The Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019

The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

The Plant Health (Ips typographus) (England) Order 2019

The Renewables Obligation (Amendment) (EU Exit) Regulations 2019

The Statistics of Trade (Amendment etc.) (EU Exit) Regulations 2019

The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019

The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 17th, 2019 in law reports by tracey

High Court (Chancery Division)

The Competition And Markets Authority v Concordia International Rx (UK) Ltd [2019] EWHC 47 (Ch) (16 January 2019)

Ashley & Anor v Jimenez & Anor [2019] EWHC 17 (Ch) (16 January 2019)

Source: www.bailii.org

Recent ruling on Universal Credit – UK Human Rights Blog

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

Full Story

UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

Ombudsman upholds 11 complaints against council over SEN provision in two years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised Norfolk County Council over its provision for children with special education needs after upholding 11 complaints in two years.’

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Local Government Lawyer, 16th January 2019

Source: www.localgovernmentlawyer.co.uk

Newspapers secure summary judgment over libel claims brought by social worker – Local Government Lawyer

‘Two national newspaper groups have obtained summary judgment over libel claims brought by a former senior social worker.’

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Local Government Lawyer, 16th January 2019

Source: www.localgovernmentlawyer.co.uk

Open justice wins out as court releases tobacco case papers – Litigation Futures

‘Another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.’

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Litigation Futures, 17th January 2019

Source: www.litigationfutures.com

SRA pays Leigh Day £1m in costs to end disciplinary case – Legal Futures

‘The highly contentious Leigh Day disciplinary case has come to an end with the Solicitors Regulation Authority (SRA) paying the firm £1m in costs after the regulator’s unsuccessful appeal.’

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Legal Futures, 17th January 2019

Source: www.legalfutures.co.uk

Potential use of share options in divorce settlements – Family Law

Posted January 17th, 2019 in divorce, families, financial dispute resolution, news, shareholders by tracey

‘In this article, Trevor Slack, a partner at Griffins and former principal at Charles River Associates, discusses an approach that may be taken in valuing a family business in divorce proceedings.’

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Family Law, 16th January 2019

Source: www.familylaw.co.uk

Speech by Lord Justice Gross: London Common Law & Commercial Bar Association Annual Lecture – Courts and Tribunals Judiciary

Posted January 17th, 2019 in civil justice, Commercial Court, judiciary, legal profession, speeches by tracey

‘Speech by Lord Justice Gross: London Common Law & Commercial Bar Association Annual Lecture.’

Full speech

Courts and Tribunals Judiciary, 16th January 2019

Source: www.judiciary.uk

Legal Aid Agency faces High Court showdown over protection orders – Law Society’s Gazette

Posted January 17th, 2019 in homelessness, legal aid, local government, news, proportionality, public order by tracey

‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by tracey

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Jess Varnish loses employment tribunal against British Cycling and UK Sport – The Guardian

Posted January 17th, 2019 in news by tracey

‘Jess Varnish, the former Great Britain track cyclist, has lost her landmark employment case against British Cycling and UK Sport which had threatened to overhaul funding for Olympic athletes.’

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The Guardian, 16th January 2019

Source: www.theguardian.com

Upper Poppleton ‘dirty’ swimming pool gave 165 stomach bug – BBC News

Posted January 17th, 2019 in news by tracey

‘A “dirty” swimming pool led to dozens of young children contracting a stomach bug causing diarrhoea, a council said. Inspectors who visited Dolphins Swim School in York saw “brown and green” pool water, with 165 children and parents contracting giardiasis.At York Magistrates’ Court, the swim school’s owner Ryan Griffin admitted health and safety breaches.’

Full Story

BBC News, 16th January 2019

Source: www.bbc.co.uk

Metropolitan Police strip-searching children in cases ‘not properly justified’, inspection findsMetropolitan Police strip-searching children in cases ‘not properly justified’, inspection finds – The Independent

Posted January 17th, 2019 in news by tracey

‘Children are being strip-searched by London’s Metropolitan Police in cases that may not be “properly justified”, a watchdog has found.’

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The Independent, 16th January 2019

Source: www.independent.co.uk

Police misconduct: Watchdog ‘bringing wrong cases’ – BBC News

Posted January 17th, 2019 in news by tracey

‘Only five police officers in England and Wales were dismissed in the last three years following misconduct cases ordered by the police watchdog.’

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BBC News, 17th January 2019

Source: www.bbc.co.uk

Students banned from accessing university emails for failing to pay rent, going against CMA rules – Daily Telegraph

Posted January 17th, 2019 in news by tracey

‘Students have been banned from accessing university emails and shut out from campus libraries after failing to pay rent, it has been revealed. Undergraduates at the University of Liverpool who live in university-owned accommodation and are unable to pay their rent on time are being handed “academic sanctions”, contrary to Competition and Markets Authority rules.’

Full Story

Daily Telegraph, 16th January 2019

Source: www.telegraph.co.uk

Taxi driver stopped with ice-filled alcoholic drink next to driving seat found to be four times over limit – The Independent

Posted January 17th, 2019 in news by tracey

‘A taxi driver who consumed a “shocking” amount of alcohol before getting behind the wheel of his cab has been jailed.’

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The Independent, 16th January 2019

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted January 16th, 2019 in law reports by tracey

Supreme Court

Nugent & Anor v Willers (Isle of Man) [2019] UKPC 1 (16 January 2019)

Court of Appeal (Civil Division)

McDonald v Rose & Ors [2019] EWCA Civ 4 (15 January 2019)

Hughes Jarvis Ltd vSearle & Anor [2019] EWCA Civ 1 (15 January 2019)

High Court (Chancery Division)

Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 29 (Ch) (15 January 2019)

High Court (Commercial Court)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2019] EWHC 3 (Comm) (15 January 2019)

HSBC Bank Plc & Ors v Rondônia Transportes Cayman & Ors [2019] EWHC 30 (Comm) (15 January 2019)

Ahmed v Khalifa [2019] EWHC 27 (Comm) (11 January 2019)

High Court (Queen’s Bench Division)

Cohen v Lorrells LLP & Ors [2019] EWHC 32 (QB) (15 January 2019)

Source: www.bailii.org

SRA “not sufficiently transparent” in explaining decisions – Legal Futures

‘The Solicitors Regulation Authority (SRA) is “not sufficiently transparent” in explaining its decisions at board level, the Legal Services Board (LSB) has said.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

Full Story

Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk