More than 18,000 prisoners ‘cooped up’ in overcrowded cells, figures show – The Independent

Posted August 2nd, 2019 in news, prisons, self-harm, violence by tracey

‘More than 18,000 prisoners are living in cells designed for fewer people as overcrowding fuels violence in jails, a charity has warned. An analysis of government figures by the Howard League for Penal Reform shows three in five men’s prisons are holding more people than they are certified to look after.’

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The Independent, 1st August 2019

Source: www.independent.co.uk

Millwall fined and forced to accept 12 point action plan as punishment for racist chanting in FA Cup match – Daily Telegraph

Posted August 2nd, 2019 in fines, news, racism, sport by tracey

‘Millwall were forced to accept a 12 point action plan for beating discrimination on the terraces on Thursday after being hit with a £10,000 fine for racist chanting against Everton in the FA Cup last season.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Justice secretary’s call for rape suspect anonymity ‘not government policy’, Downing Street says amid outrage – The Independent

Posted August 2nd, 2019 in anonymity, bills, news, police, prosecutions, rape by tracey

‘The new justice secretary has been heavily criticised after suggesting that suspected criminals of “good character” should be granted anonymity before charge.’

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The Independent, 1st August 2019

Source: www.independent.co.uk

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by tracey

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Stockport woman Laura Hood jailed for fake taxi rape claim – BBC News

Posted August 2nd, 2019 in news, perverting the course of justice, rape, sentencing by tracey

‘A woman who falsely accused a taxi driver of raping her showed a “blatant disregard” for him and the reputation of the justice system, a judge said.’

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BBC News, 1st August 2019

Source: www.bbc.co.uk

Mother who murdered her two daughters after they ‘got in the way’ of her sex life faces life in jail – Daily Telegraph

Posted August 2nd, 2019 in child abuse, families, murder, news by tracey

‘A mother who murdered her two young daughters after they “got in the way” of her sex life is facing a life sentence.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Hatton Garden raider jailed again for failing to hand back money – The Guardian

Posted August 2nd, 2019 in burglary, news, proceeds of crime, sentencing by tracey

‘The Hatton Garden heist ringleader John “Kenny” Collins has been sent back to prison after failing to pay back millions of pounds stolen in the raid.’

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The Guardian, 2nd August 2019

Source: www.theguardian.com

Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

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4 New Square, 22nd July 2019

Source: www.4newsquare.com

When is a plant not a power plant? – Practical Law: Construction Blog

Posted August 1st, 2019 in construction industry, energy, news, statutory interpretation, waste by tracey

‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’

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Practical Law: Construction Blog, 30th July 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted August 1st, 2019 in law reports by tracey

Court of Appeal (Criminal Division)

Le Brocq v The Liverpool Crown Court [2019] EWCA 1398 Crim (01 August 2019)

O v R. [2019] EWCA Crim 1389 (31 July 2019)

High Court (Administrative Court)

Rees & Ors v Commissioner of Police of the Metropolis [2019] EWHC 2120 (Admin) (31 July 2019)

Lasham Gliding Society Ltd, R (On the Application Of) v Civil Aviation Authority [2019] EWHC 2118 (Admin) (31 July 2019)

Gregory v Thames Magistrates Court [2019] EWHC 2125 (Admin) (31 July 2019)

Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin) (31 July 2019)

High Court (Commercial Court)

Coward v Ambrosiadou [2019] EWHC 2105 (Comm) (31 July 2019)

High Court (Family Division)

Power v Vidal [2019] EWHC 2101 (Fam) (31 July 2019)

High Court (Patents Court)

Coloplast A/S v Salts Healthcare Ltd [2019] EWHC 1979 (Pat) (31 July 2019)

High Court (Queen’s Bench Division)

Fentiman v Marsh [2019] EWHC 2099 (QB) (31 July 2019)

Source: www.bailii.org

Court finds for landlord over possession of under-occupied property – Local Government Lawyer

‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Junior doctors win “significant victory” in rest breaks appeal – Local Government Lawyer

Posted August 1st, 2019 in appeals, doctors, health & safety, news, precedent, standards, trade unions by tracey

‘Junior doctors in Derby have won a ‘precedent setting’ Court of Appeal case over the monitoring of rest breaks.’

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Local Government Lawyer, 31st July 2019

Source: www.localgovernmentlawyer.co.uk

Court condemns “dialogue of the deaf” between opposing solicitors – Litigation Futures

Posted August 1st, 2019 in Commercial Court, disclosure, news, solicitors by tracey

‘The Commercial Court has criticised the lack of co-operation between the solicitors on either side of a dispute, describing their correspondence as “a dialogue of the deaf”.’

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Litigation Futures, 31st July 2019

Source: www.litigationfutures.com

Court strikes out “incomprehensible” claim against law firm – Legal Futures

‘The High Court has struck out a claim for professional negligence, breach of contract and fiduciary duty made against a central London law firm which was based on “incomprehensible pleadings”.’

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Legal Futures, 1st August 2019

Source: www.legalfutures.co.uk

New Act comes into force to help manage affairs of missing people – Family Law

Posted August 1st, 2019 in guardianship, legislation, missing persons, news by tracey

‘The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019. The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.’

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Family Law, 1st August 2019

Source: www.familylaw.co.uk

CPS successfully prosecutes second major modern slavery case this month – Crown Prosecution Service

‘A father and son have today (29 July) been convicted for their roles in long-running conspiracy to exploit Eastern European workers they trafficked into the UK.’

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Crown Prosecution Service, 29th July 2019

Source: www.cps.gov.uk

Catholic priest jailed for sexual abuse at Lancashire seminary – Crown Prosecution Service

‘A Catholic priest has been sentenced to 18 years’ imprisonment for sexually abusing two teenage boys at St Joseph’s College in Upholland in the 70s and 80s.’

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Crown Prosecution Service, 30th July 2019

Source: www.cps.gov.uk

Appeal allows stand-still agreement on claim 17 months out of time – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate.’

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Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

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Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Shareholder Disputes in Sport – 4 New Square

‘As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.’

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4 New Square, 24th July 2019

Source: www.4newsquare.com