Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2019 in legislation by tracey

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2019

The Merchant Shipping (Bridge Visibility) (Small Passenger Ships) Regulations 2019

The Guardianship (Missing Persons) Act 2017 (Commencement) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Deicsions

Posted June 19th, 2019 in law reports by tracey

Supreme Court

OWD Ltd (t/a Birmingham Cash and Carry) & Anor v Revenue and Customs – [2019] UKSC 30 (19 June 2019)

Secretary of State for Work and Pensions v Gubeladze [2019] UKSC 31 (19 June 2019)

Court of Appeal (Civil Division)

Archer, R (on the application of) v HM Revenue and Customs [2019] EWCA Civ 1021 (18 June 2019)

Singh, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 1014 (18 June 2019)

Mawbey, R (On the Application Of) & Orsv Cornerstone Telecommunications Infrastructure Ltd. [2019] EWCA Civ 1016 (17 June 2019)

High Court (Administrative Court)

Callum, Decision On Review of the Tariff [2019] EWHC 1544 (Admin) (17 June 2019)

High Court (Chancery Division)

Hyde & Anor v Nygate & Anor [2019] EWHC 1516 (Ch) (18 June 2019)

High Court (Family Division)

M (Deprivation of Liberty in Scotland) [2019] EWHC 1510 (Fam) (17 June 2019)

High Court (Queen’s Bench Division)

Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB) (18 June 2019)

High Court (Technology and Construction Court)

Circle Nottingham Ltd v NHS Rushcliffe Clinical Commissioning Group [2019] EWHC 1315 (TCC) (17 June 2019)

Source: www.bailii.org

Judge rejects application by Official Solicitor for council to pay costs in s.21A proceedings – Local Government Lawyer

Posted June 19th, 2019 in homelessness, judicial review, legal aid, local government, news by tracey

‘A Court of Protection judge has rejected an application by the Official Solicitor (OS), acting as litigation friend, for the London Borough of Harrow to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005.’

Full Story

Local Government Lawyer, 18th June 2019

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge over refusal of legal aid for bid to quash PSPO prohibitions – Local Government Lawyer

‘ A High Court judge has rejected a judicial review challenge brought by human rights group Liberty over the refusal to grant civil legal aid for the pursuit of an application to quash prohibitions contained in a public spaces protection order (PSPO).’

Full Story

Local Government Lawyer, 18th June 2019

Source: www.localgovernmentlawyer.co.uk

No rule to stop costs being awarded against children, says judge – Litigation Futures

Posted June 19th, 2019 in children, costs, litigation friends, news by tracey

‘There is no general rule preventing costs being awarded against children, a High Court judge has said. Mr Justice Morgan said the case law on the issue did not present a “clear or coherent picture” on the issue, and contained examples of costs being made against both child claimants and defendants, even where they had litigation friends.’

Full Story

Litigation Futures, 18th June 2019

Source: www.litigationfutures.com

Women lawyers face uphill struggle on fees and salaries – Legal Futures

Posted June 19th, 2019 in bias, equality, fees, legal profession, news, remuneration, reports, women by tracey

‘Some clients expect discounts on fees for using a female lawyer while women who push for higher salaries are likely to be labelled “aggressive”, a global survey by the Law Society has found. The report concluded that quotas could help to tackle inequality as there was “no real equality or meritocracy in the legal profession”.’

Full Story

Legal Futures, 19th June 2019

Source: www.legalfutures.co.uk

New global resettlement scheme for the most vulnerable refugees announced – Home Office

Posted June 19th, 2019 in children, press releases, refugees by tracey

‘The UK will continue to resettle thousands of refugees under a new scheme set to start in 2020, the Home Secretary announced today.’

Full press release

Home Office, 17th June 2019

Source: www.gov.uk/home-office

Woman knocked down while on phone wins payout from cyclist -The Guardian

Posted June 19th, 2019 in bicycles, damages, news, personal injuries by tracey

‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’

Full Story

The Guardian, 18th June 2019

Source: www.theguardian.com

Man successfully sues Brewdog for £1,000 after being told beer was only on sale to women – Daily Telegraph

Posted June 19th, 2019 in damages, licensed premises, news, sex discrimination by tracey

‘A drinker won a discrimination case against a popular brewery after he was stopped from buying its women-only beer.’

Full Story

Daily Telegraph, 18th June 2019

Source: www.telegraph.co.uk

Universal credit adverts from government ‘deliberately misleading’, say charities – The Independent

‘A coalition of more than 80 benefit charities has submitted a complaint to the Advertising Standards Authority over government ads for Universal Credit which they claim are “deliberately misleading”.’

Full Story

The Independent, 19th June 2019

Source: www.independent.co.uk

Victims of discrimination ‘denied justice’ as legal aid cuts create ‘David vs Goliath’ scenario, report finds – The Independent

‘Victims of discrimination in England and Wales are being denied justice due to soaring legal aid cuts, the equalities watchdog has warned. The Equality and Human Rights Commission (EHRC) said people who had been discriminated against for reasons such as their race, gender or disability were being left to represent themselves in court, creating a “David vs Goliath” scenario or letting perpetrators to go entirely unchallenged.’

Full Story

The Independent, 19th June 2019

Source: www.independent.co.uk

Muslim father faces jail for mental abuse of his daughters – Daily Telegraph

Posted June 19th, 2019 in coercive & controlling behaviour, families, Islam, news by tracey

‘A Muslim father faces jail for psychologically abusing his daughters in the first case of its kind.’

Full Story

Daily Telegraph, 18th June 2019

Source: www.telegraph.co.uk

Bullied bisexual prison officer unlikely to work again, tribunal finds – The Guardian

‘A bisexual prison officer is unlikely to ever work again because the harassment and discrimination he suffered at work has permanently damaged his health, an employment tribunal has found.’

Full Story

The Guardian, 19th June 2019

Source: www.theguardian.com

MoJ denies sex offender research ‘cover-up’ – BBC News

‘The government has denied covering up research that found a treatment programme for sex offenders in England and Wales increased reoffending. Kathryn Hopkins’s study was given to officials in 2012, but the flagship scheme was only scrapped in 2017. She has told an employment tribunal that she was “bullied” by the Ministry of Justice after producing the report.’

Full Story

BBC News, 18th June 2019

Source: www.bbc.co.uk

Consumers being badly advised on pensions, says regulator – The Guardian

‘The City watchdog has raised fresh concerns that thousands of consumers are being wrongly advised to cash in their defined benefit pension, putting them at greater risk of financial insecurity in old age.’

Full Story

The Guardian, 19th June 2019

Source: www.theguardian.com

Ben & Jerry’s ice cream adverts removed after they were placed on billboards too close to primary school – Daily Telegraph

Posted June 19th, 2019 in advertising, complaints, food, health, news, school children by tracey

‘Ben & Jerry’s ice cream adverts have been removed after they were placed on billboards within 100m of a primary school.’

Full Story

Daily Telegraph, 19th June 2019

Source: www.telegraph.co.uk