Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

Police facial recognition surveillance court case starts – BBC News

‘The first major legal challenge to police use of automated facial recognition surveillance begins in Cardiff later.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

UK pair who planned Syria journey on TripAdvisor jailed – The Guardian

Posted May 21st, 2019 in internet, Islam, news, proscribed organisations, sentencing, terrorism by sally

‘Two friends who planned their journey to Syria on TripAdvisor have each been jailed for 14 years for preparing to join Islamic State.

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The Guardian, 20th May 2019

Source: www.theguardian.com

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

‘A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

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UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

Principles for lawyers dealing with offshore structures published – Legal Futures

‘International standards for lawyers advising on offshore commercial structures have been put forward at the same time as parliamentarians called for stronger laws on foreign ownership of UK property.’

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Legal Futures, 20th May 2019

Source: www.legalfutures.co.uk

Woman who drove van into house convicted over pensioner’s death – The Guardian

Posted May 21st, 2019 in dangerous driving, elderly, homicide, news by sally

‘A motorist who crashed a van into a house, killing a 90-year-old woman as she sat in her front room speaking on the phone, has been convicted of causing death by dangerous driving.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

Green light for new regime on when to report rule breaches – Legal Futures

‘New requirements for reporting rule breaches to the Solicitors Regulation Authority (SRA) have been approved by the Legal Services Board (LSB).’

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Legal Futues, 21st May 2019

Source: www.legalfutures.co.uk

Ep 79: Causation in Inquests – Christopher Mellor – Law Pod UK

Posted May 21st, 2019 in causation, coroners, inquests, news by sally

‘Emma-Louise Fenelon talks to Christopher Mellor about causation in inquests and the findings in R(Chidlow) v HMS Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin).’

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Law Pod UK, 20th May 2019

Source: audioboom.com

Nurses vote to back decriminalisation of prostitution – The Guardian

‘The union representing Britain’s nurses will start lobbying governments across the UK to decriminalise prostitution in order to safeguard sex workers and improve their health.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

‘Broken’ care system for most vulnerable – BBC News

‘Patients with mental health problems, autism and learning disabilities are being let down by a “broken” care system, a report warns.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

Grayling probation changes led to ‘expensive merry-go-round’, says report – The Guardian

‘Offenders have been locked in an “expensive merry-go-round” by a key plank of Chris Grayling’s disastrous probation overhaul, which has failed to reduce reoffending, a watchdog has said.’

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The Guardian, 21st May 2019

Source: www.theguardian.com

New Acts – legislation.gov.uk

2019 c. 18 – Mental Capacity (Amendment) Act 2019

2019 c. 17 – Offensive Weapons Act 2019

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 20th, 2019 in legislation by tracey

The Communications Data Acquisition Regulations 2019

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 16) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 20th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

National Car Parks Ltd v Revenue And Customs [2019] EWCA Civ 854 (20 May 2019)

RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850 (17 May 2019)

Revenue And Customs v Fortyseven Park Street Ltd [2019] EWCA Civ 849 (17 May 2019)

Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 (17 May 2019)

Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 (17 May 2019)

HM Revenue and Customs v Smart Price Midlands Ltd & Anor [2019] EWCA Civ 841 (16 May 2019)

The Secretary of State for Work And Pensions v Goulding [2019] EWCA Civ 839 (16 May 2019)

Wiltshire Council v Cooper Estates Strategic Land Ltd [2019] EWCA Civ 840 (16 May 2019)

Court of Appeal (Criminal Division)

Kuddus v R. [2019] EWCA Crim 837 (16 May 2019)

High Court (Administrative Court)

ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust & Anor [2019] EWHC 1249 (Admin) (16 May 2019)

Khajuria, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1226 (Admin) (16 May 2019)

Bialkowski v Regional Court In Kielsce, Poland [2019] EWHC 1253 (Admin) (16 May 2019)

High Court (Chancery Division)

Bailey & Anor (As Foreign Representatives of Sturgeon Central Asia Balanced Fund Ltd), Re [2019] EWHC 1215 (Ch) (17 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

High Court (Commercial Court)

Vodafone Ltd & Ors v The Office of Communications (Ofcom) [2019] EWHC 1234 (Comm) (17 May 2019)

Auden MckEnzie (Pharma Division) Ltd & Ors v Patel & Anor [2019] EWHC 1257 (Comm) (17 May 2019)

GA-Hyun Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm) (17 May 2019)

High Court (Queen’s Bench Division)

Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)

Source: www.bailii.org

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

Full Story

Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in codes of practice, construction industry, contracts, news, standards by tracey

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

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Practical Law: Construction Blog, 15th May 2019

Source: constructionblog.practicallaw.com

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

Us Too? Bullying and Harassment in the Legal Profession – International Bar Association

‘The legal profession has a problem. In 2018, the International Bar Association (IBA) and market research company Acritas conducted the largest-ever global survey on bullying and sexual harassment in the profession. Nearly 7,000 individuals from 135 countries responded to the survey, from across the spectrum of legal workplaces: law firms, in-house, barristers’ chambers, government and the judiciary. The results provide empirical confirmation that bullying and sexual harassment are rife in the legal profession.’

Full press release

International Bar Association, 15th May 2019

Source: www.ibanet.org/Default.aspx

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk