Redacting solicitor’s comments to client was “cherry picking” – Litigation Futures

Posted October 16th, 2019 in news by sally

‘Redacting comments made by a company’s lawyer on a draft dismissal letter while disclosing other privileged documents was “impermissible cherry picking”, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Extinction Rebellion lawyers apply for judicial review over protest ban – The Guardian

Posted October 16th, 2019 in news by sally

‘Lawyers for Extinction Rebellion have filed an urgent application for a judicial review hearing at the high court in London, as the number of arrests in 10 days of demonstrations rose to more than 1,600.’

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The Guardian, 16th October 2019

Source: www.theguardian.com

What Is Voter ID And Is It Discriminatory? – Rights Info

Posted October 16th, 2019 in news by sally

‘The government has announced controversial plans to force voters to bring photo ID with them to the polling station. The move has drawn criticism from MPs and campaigners who believe it will undermine thousands of people’s right to vote. So what is it and what’s at stake? Jodie Satterly explores.’

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Rights Info, 16th October 2019

Source: rightsinfo.org

Driverless cars could be halted by leaves and seagulls, warns Law Commission – Daily Telegraph

Posted October 16th, 2019 in artificial intelligence, Law Commission, licensing, news, road traffic by sally

‘Driverless cars could be halted by leaves, seagulls or the “wrong sort of snow”, causing gridlock in cities, the Law Commission has warned.’

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Daily Telegraph, 15th October 2019

Source: www.telegraph.co.uk

New Judgment: Gilham v Ministry of Justice [2019] UKSC 44 – UKSC Blog

‘The issue in the appeal was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996. If not, was this discrimination against her in the enjoyment of her right to freedom of expression, protected by article 14 taken together with article 10 of the European Convention on Human Rights?’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

‘Whistleblowing’ judge wins landmark appeal at Supreme Court – BBC News

‘A judge, who says she was bullied and had a breakdown after speaking out about government cuts, has won a landmark appeal at the Supreme Court.’

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BBC News, 16th October 2019

Source: www.bbc.co.uk

Review lays ground for both hybrid and defendant DBAs – Litigation Futures

Posted October 16th, 2019 in costs, damages, fees, news, regulations by sally

‘Changes to the damages-based agreement (DBA) regulations, including opening them up to defendants and allowing hybrid DBAs, have been put forward by an independent review – with the approval of Sir Rupert Jackson.’

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Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

Man jailed for killing partner’s dog to ‘get back at her’ – BBC News

Posted October 16th, 2019 in animal cruelty, dogs, domestic violence, news, sentencing by sally

‘A man who killed his partner’s dog and hurt another so badly it had to be put down to “get back at her” has been jailed for two years.’

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BBC News, 15th October 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 16th, 2019 in legislation by tracey

The Finance Act 2019, Schedule 18 (VAT Groups: Eligibility) (Appointed Day) Regulations 2019

The Hybrid and Other Mismatches (Financial Instruments: Excluded Instruments) Regulations 2019

The Companies House Trading Fund (Revocation) Order 2019

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2019

Source: www.legislation.gov.uk

No-Deal Brexit: EU Citizens Could Gain New Appeal Rights – Rights Info

Posted October 16th, 2019 in appeals, bills, brexit, citizenship, freedom of movement, immigration, news by sally

‘EU citizens and their family members could gain the right to appeal decisions on their applications for settled status in the event of a no-deal Brexit.’

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Rights Info, 15th October 2019

Source: rightsinfo.org

BAILII: Recent Decisions

Posted October 16th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2019] EWCA Civ 1708 (15 October 2019)

High Court (Administrative Court)

Khan & Anor, Re Criminal Justice Act 1988 [2019] EWHC 2683 (Admin) (15 October 2019)

High Court (Chancery Division)

Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch) (15 October 2019)

High Court (Commercial Court)

Super Max Offshore Holdings & Anor v Malhotra [2019] EWHC 2711 (Comm) (15 October 2019)

High Court (Queen’s Bench Division)

Binding v Patterson [2019] EWHC 2665 (QB) (15 October 2019)B

Bell v Bedford Hospital NHS Trust (Rev 1) [2019] EWHC 2704 (QB) (14 October 2019)

Source: www.bailii.org

UK vulnerable to malicious meddling in election, warns study – The Guardian

Posted October 16th, 2019 in elections, fraud, internet, news, political parties, referendums by sally

‘Britain needs to take concerted action to reduce the risk of malicious actors in the UK and abroad from contaminating the results of a looming general election, according to a new study that warns of the risks of public “abuse and deception”.’

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The Guardian, 16th October 2019

Source: www.theguardian.com

The connection between online hate speech and real-world hate crime – OUP Blog

‘Online hate speech is on the rise. All available academic and government sources indicate a year on year increase in the number of people being exposed to hateful content on social media, online news item comments, and websites. Over half (53%) of UK adult Internet users reported seeing hateful content online in 2018, an increase from 47% in 2017. In 2016, 34% of 12-15-year olds recalled seeing hateful content online. This figure increased to 45% in 2018. Of those who witnessed online hate, less than half took action in relation to the most recent incident.’

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OUP Blog, 12th October 2019

Source: blog.oup.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Ann Marie Pomphret stables murder: Husband jailed for life – BBC News

Posted October 16th, 2019 in domestic violence, murder, news, sentencing by sally

‘A man who battered his wife to death with a crowbar during a row has been jailed for a minimum of 20 years.’

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BBC News, 15th October 2019

Source: www.bbc.co.uk

#MeToo and the justice system: complaints up, but convictions down – The Guardian

‘The clearest impact of the #MeToo movement on the British justice system has been a sharp rise in the number of complaints made to police of rape and sexual assault over the past two years.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 15th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Somerset Constabulary v Gray [2019] EWCA Civ 1675 (11 October 2019)

Court of Appeal (Criminal Division)

Bupa Care Homes (BNH) Ltd, R v [2019] EWCA Crim 1691 (11 October 2019)

Yuel (aka Berhe), R v [2019] EWCA Crim 1693 (04 October 2019)

High Court (Administrative Court)

Canning v Criminal Cases Review Commission [2019] EWHC 2693 (Admin) (14 October 2019)

Barking & Dagenham College, R (on the application of) v The Office for Students [2019] EWHC 2667 (Admin) (11 October 2019)

SH, R (on the application of) v The London Borough of Waltham Forest [2019] EWHC 2618 (Admin) (11 October 2019)

High Court (Commercial Court)

Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd [2019] EWHC 2658 (Comm) (10 October 2019)

High Court (Queen’s Bench Division)

Mustard v Flower & Ors [2019] EWHC 2623 (QB) (11 October 2019)

High Court (Technology and Construction Court)

Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC) (10 October 2019)

LJH Paving Ltd v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC) (10 October 2019)

Source: www.bailii.org

Dishonourable discharge – Nearly Legal

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Howard League for Penal Reform: Parmoor Lecture – Crown Prosecution Service

‘I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.’

Full speech

Crown Prosecution Service 14th October 2019

Source: www.cps.gov.ukwww.cps.gov.ukwww.cps.gov.uk

Gang member jailed for 15 years for ‘ride-out’ and running drugs line from prison – Crown Prosecution Service

‘A member of one of Waltham Forest’s organised crime groups who took part in ‘ride-out’ against a rival gang before going on to run a drugs line from inside prison, has been jailed for 15 years.’

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Crown Prosecution Service, 11th October 2019

Source: www.cps.gov.uk