Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

Liverpool judge refuses to move huge claim to London – Litigation Futures

Posted April 24th, 2019 in news by sally

‘The High Court in Liverpool has refused to transfer one of the biggest claims ever filed in this country to the Rolls Building in London.’

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Litigation Futures, 24th April 2019

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted April 24th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Sajjad, R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 720 (17 April 2019)

Giusti v Ferragamo [2019] EWCA Civ 691 (17 April 2019)

High Court (Chancery Division)

Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch) (24 April 2019)

Sheffield v Kier Group Plc & Ors [2019] EWHC 986 (Ch) (23 April 2019)

Source: www.bailii.org

Parish councils win High Court challenge over abolition after borough misinterpreted guidance – Local Government Lawyer

Posted April 24th, 2019 in news by sally

‘Slough Borough Council misinterpreted government guidance and so an order providing for the abolition of two parish councils in its area must be quashed, a High Court judge has ruled.’

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Local Government Lawyer, 23rd April 2019

Source: www.localgovernmentlawyer.co.uk

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in news by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019

Source: ukscblog.com

Solicitor convicted over cannabis farm suspended from practice – Legal Futures

Posted April 24th, 2019 in news by sally

‘A solicitor has been suspended from practice after being convicted of allowing a small cannabis farm to grow in her house.’

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Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship – UK Constitutional Law Association

Posted April 24th, 2019 in news by sally

‘Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the EU’s constitutional texts – explicitly confer the status of Union citizenship on all nationals of the Member States. The asserted significance of this was subsequently confirmed in the seminal Grzelczyk judgment, in which the Court famously declared that EU citizenship was ‘destined to be the fundamental status of nationals of the Member States’.’

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UK Constitutional Law Association, 24th April 2019

Source: ukconstitutionallaw.org

Firms “putting profit ahead of lawyers’ mental health” – Legal Futures

Posted April 24th, 2019 in news by sally

‘The cultures of some law firms and other legal workplaces mean that well-being is “often not a concern” while they chase increased profits, researchers have found.’

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Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

Judge warns veteran that PTSD is not a ‘get out of jail free card’ – Daily Telegraph

Posted April 24th, 2019 in news by sally

‘PTSD is not a “get out of jail free card”, a judge has warned as he jails a veteran who blamed his crimes on “harrowing” experiences in Afghanistan.’

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Daily Telegraph, 23rd April 2019

Source: www.telegraph.co.uk

Give local authorities extra powers to curb junk food ads – report – The Guardian

Posted April 24th, 2019 in news by sally

‘Local authorities should be given greater powers to make it easier for them to impose restrictions on junk food advertising in their areas, a report has recommended.’

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The Guardian, 24th April 2019

Source: www.theguardian.com

Prosecutors threaten trial walk-outs in CPS pay row – BBC News

Posted April 24th, 2019 in news by sally

‘Criminal barristers in England and Wales are threatening to walk out of trials or refuse new work over a pay row with the Crown Prosecution Service.’

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BBC News, 23rd April 2019

Source: www.bbc.co.uk

UK watchdog blocks record number of child abuse webpages – The Guardian

Posted April 24th, 2019 in news by sally

‘More than 100,000 webpages containing child sexual abuse imagery (CSAI) or videos were identified and blocked over the last year by the UK charity tasked with maintaining the nationwide blacklist, an increase of more than a third on the year before.’

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The Guardian, 24th April 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 23rd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Graysons Restaurants Ltd v Jones & Ors [2019] EWCA Civ 725 (17 April 2019)

Goldscheider v Royal Opera House Covent Garden Foundation [2019] EWCA Civ 711 (17 April 2019)

G-L-T (Children) [2019] EWCA Civ 717 (17 April 2019)

High Court (Chancery Division)

Windsor-Clive & Ors v Rees & Anor [2019] EWHC 1008 (Ch) (18 April 2019)

High Court (Queen’s Bench Division)

Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) (18 April 2019)

High Court (Technology and Construction Court)

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC) (17 April 2019)

PBS Energo AS v Bester Generacion UK Limited [2019] EWHC 996 (TCC) (17 April 2019)

Source: www.bailii..org

Boy must leave mother with ‘hateful feelings’ for father, judge rules – The Guardian

Posted April 23rd, 2019 in children, custody, news by sally

‘An eight-year-old boy has moved home after a judge was told he was being influenced by his mother’s “hateful feelings” towards his father.’

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The Guardian, 22nd April 2019

Source: www.theguardian.com

But, it’s a long, long while … – Nearly Legal

Posted April 23rd, 2019 in equality, judicial review, local government, news, travellers by sally

‘The Court of Appeal reviewed Hillingdon’s Equality Impact Assessments, both when introducing the policy in 2013, and when amending it in 2016 (this latter being after Mr Gullu had begun his judicial review). On neither occasion was there any consideration of Travellers or refugees (or indeed Non UK nationals).’

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Nearly Legal, 22nd April 2019

Source: nearlylegal.co.uk

Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

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Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law

Posted April 23rd, 2019 in education, mental health, news, trade marks by sally

‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’

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NIPC Law, 21st April 2019

Source: nipclaw.blogspot.com

Charities condemn Tory cuts to criminal injuries compensation scheme – The Guardian

Posted April 23rd, 2019 in charities, criminal injuries compensation, news, victims by sally

‘A fall of nearly 60% in the number of victims receiving payments from the criminal injuries compensation scheme, and an almost halving of the amount paid out since the Conservative government came to power, have been condemned by an alliance of charities.’

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The Guardian, 23rd April 2019

Source: www.theguardian.com

Paralegal jailed for swindling money from clients’ estates – Legal Futures

Posted April 23rd, 2019 in fraud, guilty pleas, news, paralegals, probate, sentencing by sally

‘A paralegal who stole £70,000 from people’s estates to splash out on designer clothes and handbags has been jailed for more than three years.’

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Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

NHS non-disclosure agreements to end, vows Matt Hancock – The Guardian

Posted April 23rd, 2019 in disclosure, health, news, non-disclosure agreements, whistleblowers by sally

‘The health secretary has vowed to end the use of non-disclosure agreements that prevent would-be NHS whistleblowers speaking out.’

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The Guardian, 22nd April 2019

Source: www.theguardian.com