BSB signs Memorandum of Understanding with the Inns of Court – Bar Standards Board

Posted March 28th, 2019 in barristers, inns of court, legal education, press releases by tracey

‘The Bar Standards Board (BSB) last night signed a Memorandum of Understanding (MOU) with the Inns of Court. It recognises the vital role that the Inns will continue to have in the education, training and qualification of barristers in England and Wales when new Bar qualification rules go live next week.’

Full press release

Bar Standards Board, 28th March 2019

Source: www.barstandardsboard.org

Barrister withdrew from case “without telling client or chambers” – Legal Futures

Posted March 28th, 2019 in appeals, barristers, disciplinary procedures, fines, news, professional conduct by sally

‘A barrister who failed to tell a client that he was withdrawing from their case before the Court of Appeal has effectively been suspended for three years.’

Full Story

Legal Futures, 27th March 2019

Source: www.legalfutures.co.uk

In the matter of an application by Geraldine Finucane for Judicial Review (NI) [2019] UKSC 7 Part Two – UKSC Blog

Posted March 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, police, Supreme Court, terrorism by sally

‘The appellant argued that all the relevant evidence pointed to the decision not to hold the inquiry being a sham. The basis on which it had been suggested that this was a decision taken in the public interest was, Mrs Finucane argued, spurious. Moreover, the process of consultation and discussions was entirely cosmetic. The outcome had been predetermined. (See Lord Kerr’s summary of the grounds of challenge at paras 50-52)’

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UKSC Blog, 26th March 2019

Source: ukscblog.com

In the matter of an application by Geraldine Finucane for Judicial Revewi (NI) [2019] UKSC 7 Part One – UKSC Blog

Posted March 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, police, Supreme Court, terrorism by sally

‘On 27 February 2019 the Supreme Court gave judgment in the appeal brought by the widow of the Belfast solicitor, Pat Finucane, against the refusal of the Secretary for State for Northern Ireland to hold a public inquiry into her husband’s death. Giving the leading judgment, Lord Kerr (with whom Lady Hale, Lord Hodge and Lady Black agreed) allowed the appeal on the basis that there had been a breach of the investigative obligation under ECHR, art 2. The Supreme Court found that although Mrs Finucane had a legitimate expectation that there would be a public inquiry into Mr Finucane’s death she had not shown that the government’s decision not to fulfil this promise was made in bad faith or that it was not based on genuine policy grounds. Lord Carnwarth gave a concurring judgment in which he commented on the criticism that had been made of obiter remarks he had made in United Policyholders Group v Attorney General of Trinidad and Tobago [2016] UKPC 17 in relation in relation to the necessity for a detriment to have been suffered before a claim for substantive legitimate expectation could be made.’

Full Story

UKSC Blog, 26th March 2019

Source: ukscblog.com

Gym Use and Changing Rooms: the illegality and chilling effect of (trans)gender segregation – Oxford Human Rights Hub

Posted March 28th, 2019 in gender, news, sport, transgender persons by sally

‘A recent, high-profile article published on HuffPost claimed that the popular leisure group – David Lloyd Leisure – had decided to exclude all trans persons from their preferred gender segregated facilities unless they could produce a Gender Recognition Certificate (GRC). Given that only 4,500 GRCs have been issued (and that GRCs are not available to trans minors), this policy potentially prohibited the overwhelming majority of trans persons from using DLL services. The group has since denied any change in its policy and insisted it welcomes trans customers. Yet, the incident raises an important question for human rights lawyers (particularly at this transformative moment for trans rights in the UK): can a blanket exclusion on trans individuals accessing preferred segregated spaces comply with domestic equality laws?’

Full Story

Oxford Human Rights Hub, 28th March 2019

Source: ohrh.law.ox.ac.uk

ENRC targets SFO in £70m ‘privilege breach’ claim – Law Society’s Gazette

Posted March 28th, 2019 in misfeasance in public office, news, privacy, Serious Fraud Office by sally

‘The saga surrounding the Serious Fraud Office’s (SFO) long-running probe into Eurasian Natural Resources Corporation (ENRC) took another twist this week as the multinational mining group filed a £70m High Court claim accusing the fraudbusting agency of misfeasance in public office.’

Full Story

Law Society's Gazette, 27th March 2019

Source: www.lawgazette.co.uk

Solicitor who lied to Mueller inquiry referred to SDT – Legal Futures

Posted March 28th, 2019 in disciplinary procedures, inquiries, news, solicitors by sally

‘A solicitor who was jailed for 30 days after pleading guilty to making false statements to the Mueller inquiry into alleged Russian involvement in the election of US president Donald Trump has been referred to the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 28th March 2019

Source: www.legalfutures.co.uk

Council withdraws decision to close special schools after legal challenge – Local Government Lawyer

Posted March 28th, 2019 in judicial review, local government, news, special educational needs by sally

‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures

Posted March 28th, 2019 in abuse of process, delay, law firms, news, striking out by sally

‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’

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Litigation Futures, 27th March 2019

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 28th, 2019 in legislation by tracey

The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019

The Radiation (Emergency Preparedness and Public Information) Regulations 2019

The Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) (No. 2) Regulations 2019

The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019

The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019

The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019

The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019

The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019

The Detergents (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

Competition watchdog to investigate funeral sector as prices escalate – The Guardian

Posted March 28th, 2019 in burials and cremation, competition, consumer protection, news by sally

‘Britain’s competition watchdog is launching a full investigation into the UK funeral market after it found the cost of organising a funeral increased by 6% each year – twice the inflation rate – for the last 14 years.’

Full Story

The Guardian, 28th March 2019

Source: www.theguardian.com

Council wins Court of Appeal battle over moving homeless applicant – Local Government Lawyer

Posted March 28th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 27th March 2019

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted March 28th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Harbour Castle Ltd v David Wilson Homes Ltd [2019] EWCA Civ 505 (27 March 2019)

High Court (Administrative Court)

Sargeant, R (On the Application Of) v First Minister Of Wales & Anor [2019] EWHC 739 (Admin) (27 March 2019)

Morita & Ors v The Secretary of State for the Home Department [2019] EWHC 758 (Admin) (27 March 2019)

SRI Lalithambika Foods Ltd, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) (27 March 2019)

Barrs v The Financial Prosecutor of the Republic At the Hgher Instance Court of Paris [2019] EWHC 732 (Admin) (27 March 2019)

Renew Land Developments Ltd v Welsh Ministers & Ors [2019] EWHC 742 (Admin) (26 March 2019)

High Court (Commercial Court)

ICICI Bank UK Plc v Assam Oil Co Ltd & Ors [2019] EWHC 750 (Comm) (27 March 2019)

High Court (Patents Court)

TQ Delta LLC v Zyxel Communications Ltd & Anor [2019] EWHC 745 (Pat) (18 March 2019)

High Court (Queen’s Bench Division)

PPX v Aulakh [2019] EWHC 717 (QB) (27 March 2019)

Source: www.bailii.org

‘Common sense’ approach to notice taken in breach of warranty case – OUT-LAW.com

Posted March 28th, 2019 in aircraft, contracts, damages, news, warranties by sally

‘Triumph, the multinational aerospace company, has partially succeeded in a damages claim arising out of its 2013 acquisition of three businesses belonging to the components manufacturer Primus.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Liverpool child rapist jailed for 18 years – BBC News

Posted March 28th, 2019 in child abuse, news, rape, sentencing, sexual offences by sally

‘A “dangerous predator” who raped two young boys and sexually abused four other children has been jailed for 18 years.’

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BBC News, 28th March 2019

Source: www.bbc.co.uk

No anonymity for woman suing NHS for £6m – Litigation Futures

Posted March 28th, 2019 in anonymity, birth, hospitals, news, psychiatric damage by sally

‘A woman suing a hospital trust for over £6m following the stillbirth of her first child cannot benefit from anonymity, the High Court has ruled.’

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Litigation Futures, 28th March 2019

Source: www.litigationfutures.com

Judge rules £1/hr wages for immigration detainees are lawful – The Guardian

Posted March 28th, 2019 in detention, immigration, news, remuneration by sally

‘A high court judge has found that wages of £1 an hour paid in immigration detention centres are lawful.’

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The Guardian, 27th March 2019

Source: www.theguardian.com

Department withdraws ‘myth-busting’ guide to council duties to vulnerable children – Local Government Lawyer

Posted March 28th, 2019 in care homes, charities, children, fostering, judicial review, local government, news by sally

‘The Department for Education has withdrawn a ‘myth-busting’ guide to council duties to vulnerable children and young people after a charity applied for judicial review, it has been reported.’

Full Story

Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Probation services: Part-privatised system ‘flawed’ – BBC News

Posted March 28th, 2019 in contracting out, news, probation by sally

‘The system which sees private firms monitor criminals serving community sentences is “irredeemably flawed”, the chief inspector of probation has said.’

Full Story

BBC News, 28th March 2019

Source: www.bbc.co.uk