Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

Full Story

BBC News, 14th January 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 14th, 2019 in legislation by tracey

The Infrastructure Planning (Water Resources) (England) Order 2019

The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018

The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019

The Protocol 1 to the EEA Agreement (Amendment) (EU Exit) Regulations 2019

The Weights and Measures etc. (Miscellaneous) (Amendment) Regulations 2019

The Blood Safety and Quality (Amendment) (EU Exit) Regulations 2019

The International Driving Permits (Fees) (EU Exit) Regulations 2019

The Finance Act 2004 (Standard Lifetime Allowance) Regulations 2019

The Universal Credit (Restriction on Amounts for Children and Qualifying Young Persons) (Transitional Provisions) Amendment Regulations 2019

The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Online Pornography (Commercial Basis) Regulations 2019

The Humane Trapping Standards Regulations 2019

The Public Record Office (Fees) Regulations 2018

BAILII: Recent Decisions

Posted January 14th, 2019 in law reports by tracey

High Court (Administrative Court)

Johnson & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 23 (Admin) (11 January 2019)

Friends of the Earth Ltd, R (On the Application Of) v Cuadrilla Bowland Ltd [2019] EWHC 25 (Admin) (11 January 2019)

Adegun, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 22 (Admin) (10 January 2019)

High Court (Chancery Division)

Deansgate 123 LLP v Workman & Anor [2019] EWHC 2 (Ch) (11 January 2019)

Source: www.bailii.org

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by tracey

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

Full Story

OUT-LAW.com, 11th January 2018

Source: www.out-law.com

Fatal accident damages considered: Blake -v- Mad Max Limited – Zenith PI

Full Story

Zenith PI, 10th January 2018

Source: zenithpi.wordpress.com

London borough acted unlawfully in dismissing three housing officers, tribunal rules – Local Government Lawyer

‘The London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers, an Employment Tribunal has ruled. The ruling of the East London Employment Tribunal was handed down last month (27 December), following a hearing in October and November 2018. The council dismissed the three employees in the summer of 2017, suggesting that their roles were redundant. However, the Employment Judge ruled that in reality their roles were not redundant and that all three employees were unfairly dismissed.’

Full Story

Local Government Lawyer, 11th January 2018

Source: www.localgovernmentlawyer.co.uk

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by tracey

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

Full Story

Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

Full Story

Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Opinion: Why do we separate the mother and child victims of domestic abuse? – Family Law

Posted January 14th, 2019 in children, domestic violence, families, news, social services, statistics, victims by tracey

‘Domestic abuse hurts children, whether they are the direct target, or find themselves witness to warfare in their home. The latest government figures show that half of all children assessed as needing social services support are in that plight through domestic abuse – and when social workers feel a child is no longer safe at home, they can be removed into the care system. This means being taken away from their mothers – typically the victim in all this. But she’s not usually the one being violent. Most often, it’s the children’s father or stepfather who is. As rates of reported domestic abuse soar – incidents sufficiently serious to be recorded by police as crimes rose 5% between 2016 and 2017, according to the Office for National Statistics – it’s estimated by the charity Safe Lives that 130,000 children live in households with “high‑risk” domestic abuse. So why are victims investigated by social services, rather than the perpetrators who cause such physical and mental harm?’

Full Story

Family Law, 14th January 2018

Source: www.familylaw.co.uk

Summary: What offences may be committed if someone is shouted at or approached by another person in the street? – Crown Prosecution Service

‘This summary does not cover every eventuality but intends to outline some of the possible criminal offences that may be committed. It should not be treated as legal advice and is not meant to be an exhaustive account of this area of law.

The police are responsible for investigating an allegation that a crime has been committed. Following investigation, the decision whether to charge a person with a criminal offence lies either with the police or the CPS.

Where a series of existing offences – including harassment and public order offences – are committed, and such an offence was motivated by hostility to race or religion, or was accompanied by hostility to race or religion proximate to the commission of the offence, a separate racially or religious aggravated offence is committed attracting a greater penalty. For further details, see the CPS-published guidance on this website. For those offences not covered but where hostility or hostile motivation towards race or religion is present, or hostility or hostile motivation towards disability, sexual orientation or transgender is present, this must be treated as an aggravating factor at sentence and stated as such in open court.’

Full Story

Crown Prosecution Service, 11th January 2018

Source: www.cps.gov.uk

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

Full Story

Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk

Grayling under fire as serious crimes committed on parole soar by 50% – The Guardian

‘The number of rapes, murders and other serious crimes committed by offenders on parole has risen by more than 50% since reforms to probation were introduced four years ago, according to official data that has triggered calls for the government to rethink its plans for another shake-up of the service.’

Full Story

The Guardian, 12th January 2018

Source: www.theguardian.com

Prison sentences: Charities and probation staff union welcome proposals – BBC News

Posted January 14th, 2019 in charities, news, prisons, probation, recidivists, sentencing, statistics by tracey

‘Ministers are being warned that a proposal to scrap prison sentences of six months or less will only work if there is more investment in the probation services. The government says this approach in England and Wales’ prisons could reduce overcrowding and re-offending.’

Full Story

BBC News, 12th January 2018

Source: www.bbc.co.uk

Victims of self-storage warehouse fire to sue over safety failures – Daily Telegraph

Posted January 14th, 2019 in accidents, compensation, damages, fire, health & safety, news by tracey

‘Hundreds of people are planning a legal challenge against a self-storage company as they claim safety failures led to the destruction of more than 1,000 people’s possessions.’

Full Story

Daily Telegraph, 12th January 2018

Source: www.telegraph.co.uk

Child abuse inquiry refuses to publish evidence on Gove phone call claim – The Guardian

Posted January 14th, 2019 in child abuse, child cruelty, children, disclosure, evidence, inquiries, news by tracey

‘A public inquiry has refused to publish evidence that could shed light on an allegation that Michael Gove intervened in a child sexual abuse investigation.
He has been accused of trying, during his time as education secretary, to find out about an investigation into a priest suspected of abusing a boy at a boarding school.
The accusation has been made by two witnesses who have testified to the Independent Inquiry into Child Sexual Abuse (IICSA).’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Javid and Hammond team up to tackle £14bn of economic crimes – The Guardian

Posted January 14th, 2019 in bribery, budgets, corruption, enforcement, fraud, money laundering, news, statistics by tracey

‘The home secretary and chancellor are to launch a joint assault on fraud, bribery, corruption and money laundering. Sajid Javid and Philip Hammond will chair a new taskforce that will work with senior figures in the financial sector to tackle economic crime. This is a broad category covering a range of illegal activity, with the Home Office estimating its scale to be at least £14.4bn a year.’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Hillsborough disaster: David Duckenfield’s trial due to begin – BBC News

‘The manslaughter trial of the police officer in command during the Hillsborough disaster will begin later.’

Full Story

BBC News, 14th January 2018

Source: www.bbc.co.uk

Man wrong to think kisses in estranged wife’s texts were ‘flirtatious’, judge rules – The Independent

Posted January 14th, 2019 in bills, divorce, domestic violence, families, family courts, news, telecommunications by tracey

‘A woman who ended text messages with a kiss was not being “flirtatious” with her estranged husband, a judge has ruled.’

Full Story

The Independent, 13th January 2018

Source: www.independent.co.uk