Recent Statutory Instruments – legislation.gov.uk

Posted March 14th, 2019 in legislation by tracey

The Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019

The Armed Forces Act (Continuation) Order 2019

The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019

The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

Evidence from the grave – I – Law & Religion UK

Posted March 14th, 2019 in burials and cremation, DNA, ecclesiastical law, forensic science, news by tracey

‘The permanence of Christian burial and the application of Re Blagdon Cemetery [2002] Fam 299 has been a continuing theme on L&RUK, and has also been explored in Leading Works on Law and Religion. This is the first of three posts in which we consider exhumation for the purpose of examining the remains of monarchs, mass murderers, and for medical research. Most recently, in Re St. John’s Cemetery Elswick [2018] ECC New 4, the court granted a faculty for a temporary disinterment for the purposes of obtaining a DNA analysis from bone fragments to be taken from the remains, in relation to a criminal conviction of the petitioner’s husband.’

Full Story

Law & Religion UK, 13th March 2019

Source: www.lawandreligionuk.com

Ruling offers guidance on liquidated damages clauses for delay – OUT-LAW.com

Posted March 14th, 2019 in contracts, damages, delay, news by tracey

‘A ruling by the Court of Appeal earlier this month has highlighted the importance of ensuring IT contracts are clear about how liquidated damages apply in cases where technology suppliers are late in delivering a project, an expert in IT disputes has said.’

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OUT-LAW.com, 13th March 2019

Source: www.out-law.com

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge – Local Government Lawyer

‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal blow for councils over business rates and empty properties – Local Government Lawyer

Posted March 14th, 2019 in leases, local government, news, rates by tracey

‘Councils may be left unable to claim some £10m in business rates after Rossendale Borough Council lost a test case in the Court of Appeal over empty properties.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

AML oversight body finds legal regulators coming up short – Legal Futures

Posted March 14th, 2019 in financial regulation, money laundering, news by tracey

‘Nearly half of legal regulators do not have undertake enough supervision of anti-money laundering (AML) efforts, according to the organisation set up to scrutinise them.’

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Legal Futures, 14th March 2019

Source: www.legalfutures.co.uk

New guidance for prosecutors on mental health conditions and disorders – Crown Prosecution Service

Posted March 14th, 2019 in Crown Prosecution Service, mental health, press releases, prosecutions by tracey

‘Guidance for prosecutors on dealing with defendants with mental health issues has been updated to reflect growing understanding of different conditions, the Crown Prosecution Service (CPS) has announced today. The revised guidance is designed to assist decision making throughout the life of a criminal case, from the initial decision to prosecute, through fitness to plead to sentencing. It has been developed to understand changes in the mental health landscape such as diversion services, and community concerns about the impact on the criminal justice system. A consultation has now been launched so that the views of the public, charities, and health and legal professionals can be considered further before the guidance is finalised.’

Full press release

Crown Prosecution Service, 12th March 2019

Source: www.cps.gov.uk

Firm fined record £124,000 for sending millions of misleading letters – Law Society’s Gazette

‘The Solicitors Regulation Authority has issued its biggest ever fine, against a business which sent six million marketing letters containing misleading statements.’

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Law Society's Gazette, 14th March 2019

Source: www.lawgazette.co.uk

Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by tracey

‘Couple unable to sell home after discovering public footpath running though living room.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Lord Steel says he believed Cyril Smith abuse claims but did not act – The Guardian

Posted March 14th, 2019 in child abuse, inquiries, news, parliament, sexual offences by tracey

‘Lord Steel, the Liberal Democrat peer, has admitted believing in 1979 that child abuse allegations against Sir Cyril Smith were true, but did nothing to assess whether he was a continuing risk to children.’

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The Guardian, 13th March 2019

Source: www.theguardian.com

Diplomats can no longer hide behind immunity, legal experts claim, after “abusive” attaché withdraws defence – Daily Telegraph

Posted March 14th, 2019 in diplomats, employment tribunals, human rights, immunity, news by tracey

‘Diplomats will no longer be able to conceal their “vile conduct” with immunity, legal experts claim, after a Qatari attaché who allegedly called his driver a “black slave” scrapped his defence. ‘

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Daily Telegraph, 13th March 2019

Source: www.telegraph.co.uk

Tina Malone: Shameless star avoids jail after revealing James Bulger killer Jon Venables’ new identity – The Independent

‘Shameless star Tina Malone has avoided going to jail after she admitted to breaching an injunction that protected the identity of James Bulger killer Jon Venables by sharing a post on social media.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Ava-May Littleboy: No police action over girl’s death on inflatable – BBC News

Posted March 14th, 2019 in health & safety, homicide, negligence, news, prosecutions by tracey

‘Two people arrested after a three-year-old girl died after being thrown from an inflatable trampoline will face no further action, police have confirmed.’

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BBC News, 13th March 2019

Source: www.bbc.co.uk

Glenn Jones: Former police inspector jailed for arranging to meet child for sex – The Independent

‘A former police officer who arranged to meet a child for sex has been jailed.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers

Posted March 14th, 2019 in appeals, disciplinary procedures, fines, news, penalties, sport by sally

‘Crystal Palace FC’s Wilfried Zaha is one of the fastest players in the Premier League. He is also one of the most fouled. After a number of serious challenges in a match at Southampton at the end of January, Zaha was booked for his reaction to a player who had just pushed him over the touchline. He sarcastically applauded the referee in response to the yellow card, which was then followed immediately with a second yellow and therefore a red. As he left the field, Zaha sarcastically applauded the referee again, on more than one occasion, and did so “theatrically” according to the Football Association (FA). This led to him being charged with misconduct outside the jurisdiction of the match referee.’

Full Story

Blackstone Chambers, 28th February 2019

Source: www.sportslawbulletin.org