‘In probation, we’re poorly paid and the caseloads are unmanageable’ – The Guardian

‘Chris Grayling’s 2013 reforms have cost more, yet failed to cut reoffending or reduce staff shortages.’

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The Guardian, 13th March 2019

Source: www.theguardian.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Sisters win High Court inheritance battle against millionaire brother – Daily Telegraph

Posted March 13th, 2019 in bereavement, families, news, wills by sally

‘Sisters who fought their millionaire brother for a share of their mother’s estate have won a High Court battle, after a judge agreed that her traditionalist husband forced her to change her will.’

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Daily Telegraph, 12th March 2019

Source: www.telegraph.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Sentencing Council to include expanded explanations in guidelines – OUT-LAW.com

Posted March 13th, 2019 in codes of practice, consultations, judiciary, news, sequestration by sally

‘Plans to require judges and magistrates to consider additional contextual information when weighing up aggravating and mitigating factors during the sentencing process for particular offences have been published for consultation by the Sentencing Council.’

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OUT-LAW.com, 13th March 2019

Source: www.out-law.com

Medomsley detention centre saw hundreds sexually abused – BBC News

‘An officer at a former youth detention centre sexually assaulted hundreds of inmates, it has emerged.’

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BBC News, 12th March 2019

Source: www.bbc.co.uk

Doctors’ failure to spot sepsis led to toddler’s death, coroner rules – The Guardian

‘A two-year-old girl died as a result of neglect after the gross failure of doctors to diagnose sepsis, a coroner has ruled.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer

Posted March 13th, 2019 in appeals, brexit, EC law, landlord & tenant, leases, news by sally

‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Winstone v MGN- 39 Essex Chambers

‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’

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39 Essex Chambers, 28th February 2019

Source: www.39essex.com

Birmingham primary school in LGBT row cleared by watchdog – The Guardian

‘A Birmingham primary school at the centre of a dispute with parents over lessons about LGBT rights has been cleared of any wrongdoing by Ofsted.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2019 in legislation by tracey

The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019

The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019

The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019

The Data Protection (Charges and Information) (Amendment) Regulations 2019

The Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019

The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

The Creative Europe Programme and Europe for Citizens Programme (Revocation) (EU Exit) Regulations 2019

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019

The Personal Injuries (Civilians) Scheme (Amendment) Order 2019

The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019

The Guardian’s Allowance Up-rating Regulations 2019

The National Health Service (Dental Charges) (Amendment) Regulations 2019

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 12th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Praesto Consulting UK Ltd v HM Revenue and Customs [2019] EWCA Civ 353 (11 March 2019)

High Court (Administrative Court)

Krupeckiene v Public Prosecutor’s Office Lithuania [2019] EWHC 569 (Admin) (11 March 2019)

Chief Constable of Avon And Somerset Constabulary v Police Medical Appeal Board [2019] EWHC 557 (Admin) (11 March 2019)

Bartulis & Ors v Panevezys Regional Court, Lithuania & Anor [2019] EWHC 504 (Admin) (07 March 2019)

Lone v Secretary of State for Education [2019] EWHC 531 (Admin) (07 March 2019)

High Court (Chancery Division)

Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)

Keymed (Medical & Industrial Equipment) Ltd v Hillman & Anor [2019] EWHC 485 (Ch) (11 March 2019)

TQ Delta, LLC v ZYXEL Communications Ltd & Anor [2019] EWHC 562 (Ch) (11 March 2019)

Triumph Controls – UK Ltd & Anor v Primus International Holding Company & Ors [2019] EWHC 565 (Ch) (11 March 2019)

High Court (Technology and Construction Court)

Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) (08 March 2019)

Source: www.baili.org

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

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4 New Square, 28th February 2019

Source: www.4newsquare.com

Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer

Posted March 12th, 2019 in codes of practice, Court of Protection, human rights, medicines, news by sally

‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Gun-obsessed paedophile jailed after 2.2 million indecent images found among arsenal of illegal weapons – Daily Telegraph

Posted March 12th, 2019 in firearms, indecent photographs of children, news, sentencing by sally

‘A gun-obsessed paedophile has been jailed for 12-years after amassing one of the biggest hauls of indecent images ever uncovered.’

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Daily Telegraph, 11th March 2019

Source: www.telegraph.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk