Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2019 in legislation by tracey

The Firearms (Amendment) Rules 2019

The Education (Pupil Information) (England) (Amendment) Regulations 2019

The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 23rd, 2019 in law reports by tracey

Supreme Court

Hancock & Anor v Revenue and Customs [2019] UKSC 24 (22 May 2019)

High Court (Chancery Division)

Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019)

Ophir Energy Plc, Re Companies Act 2006 [2019] EWHC 1278 (Ch) (21 May 2019)

High Court (Family Division)

Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam) (20 May 2019)

Source: www.bailii.org

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

Full Story

Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

Full Story

UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

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

Posted May 23rd, 2019 in duty of care, human rights, inquests, learning difficulties, negligence, news by tracey

‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). 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.’

Full Story

UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

Spotlight on child protection in family courts – Ministry of Justice

‘A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, Ministers announced today (Tuesday 21 May).’

Full press release

Ministry of Justice, 21st May 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by tracey

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

Full Story

Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

UN highlights role of legal aid cuts in “immiseration” of millions – Legal Futures

‘The decimation of legal aid has contributed to “the systematic immiseration of millions across Great Britain”, the UN’s expert on poverty and human rights said yesterday.’

Full Story

Legal Futures, 23rd May 2019

Source: www.legalfutures.co.uk

High Court refuses employed lawyer pupillage exemption – Legal Futures

Posted May 23rd, 2019 in barristers, news, pupillage by tracey

‘The High Court has a rejected a challenge to a decision by the Bar Standards Board (BSB) refusing to grant an exemption from the first non-practising stage of pupillage.’

Full Story

Legal Futures, 23rd May 2019

Source: www.legalfutures.co.uk

Sentencing (Pre-consolidation Amendment) Bill introduced to Parliament – Law Commission

‘The Sentencing (Pre-consolidation Amendment) Bill has been introduced into Parliament. This short technical Bill is necessary to pave the way for the main Sentencing Code Bill to be introduced as a consolidation Bill. Once passed, the Sentencing Code will introduce a “clean sweep” of the old sentencing law so that anyone convicted once the Code is in force would automatically be sentenced under the current law.’

Full press release

Law Commission, 23rd May 2019

Source: www.lawcom.gov.uk/

Home Secretary speech on keeping our country safe – Home Office

Posted May 23rd, 2019 in intelligence services, investigatory powers, police, speeches, terrorism by tracey

‘Home Secretary Sajid Javid spoke on security, the threat from terrorism and the importance of international collaboration.’

Full speech

Home Office, 20th May 2019

Source: www.gov.uk/home-office

Youth gang members receive life sentences after vicious attack on rival – Crown Prosecution Service

‘Four young men, three of them teenagers, received life sentences today (21 May 2109) after a Snapchat video and a conversation between offenders in the back of a police van helped secure their conviction for the murder of a 16-year-old boy.’

Full press release

Crown Prosecution Service, 21st May 2019

Source: www.cps.gov.uk

Chancellor of the High Court talks about the future on visit to Germany – Courts and Tribunals Judiciary

‘On a two-day visit to Germany, the Chancellor of the High Court, Sir Geoffrey Vos, met with judges, lawyers and officials in Bavaria and Berlin to discuss Lawtech and the work of the Business and Property Courts. He spoke at the Palace of Justice in Munich on the position of English law and UK jurisdiction after Brexit to an audience of 120 judges, lawyers and business people, all members of the British Chamber of Commerce in Germany and the Munich Juridical Society.’

Full press release

Courts and Tribunals Judiciary, 21st May 2019

Accountancy body wins right to regulate oaths – Law Society’s Gazette

‘Chartered accountancy regulator the ICAEW has received a crumb of comfort from the lord chancellor in its long-running campaign to become a regulator of reserved legal activities. David Gauke revealed today that he has decided to grant an application for the ICAEW to become an approved regulator and licensing authority in relation to the administration of oaths.’

Full Story

Law Society's Gazette, 22nd May 2019

Source: www.lawgazette.co.uk

Sex offender banned from wearing shorts on a train after series of incidents – Daily Telegraph

‘A sex offender has been banned from wearing shorts on trains after series of incidents against women.’

Full Story

Daily Telegraph, 22nd May 2019

Source: www.telegraph.co.uk

Cadent handed record £44m penalty after customers left without gas – The Guardian

Posted May 23rd, 2019 in compensation, detention, duty of care, energy, inquiries, news by tracey

‘Ofgem takes action after tower block residents had no supplies for up to five months.’

Full Story

The Guardian, 22nd May 2019

Source: www.theguardian.com

Victims of rape and violence being left in dark about attackers’ whereabouts by authorities – The Independent

Posted May 23rd, 2019 in news, notification, probation, rape, sexual offences, statistics, victims, violence by tracey

‘Victims of rape and violence are being “let down” and left in the dark about their attackers’ whereabouts, a report has found. The service provided by the National Probation Service (NPS) was “poor”, HM Inspectorate of Probation said in the wake of criticism over “black cab rapist” John Worboys case.’

Full Story

The Independent, 22nd May 2019

Source: www.independent.co.uk

UN backs demand for Britain to relinquish Chagos islands – Daily Telegraph

Posted May 23rd, 2019 in armed forces, Chagos Islands, colonies, news, United Nations by tracey

‘Britain suffered an embarrassing diplomatic defeat on Wednesday when the United Nations voted overwhelmingly to hand the disputed Chagos islands back to Mauritius.’

Full Story

Daily Telegraph, 22nd May 2019

Source: www.telegraph.co.uk

Oxbridge can force old professors to retire in order to boost diversity, tribunal ruling suggests – Daily Telegraph

‘Oxford and Cambridge universities can force old professors to retire in order to boost diversity, a tribunal ruling suggests.’

Full Story

Daily Telegraph, 22nd May 2019

Source: www.telegraph.co.uk

Broadcasters in legal bind over reporting on Tory crisis during election – The Guardian

‘Strict broadcasting laws place restrictions on coverage of politics during voting periods.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com