Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2019 in legislation by tracey

The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019

The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2019

The Local Government Pension Scheme (Amendment) Regulations 2019

The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Irani v Duchon [2019] EWCA Civ 1846 (06 November 2019)

Finney v Welsh Ministers & Ors [2019] EWCA Civ 1868 (05 November 2019)

High Court (Administrative Court)

Taylor & Anor v The Prosecutor General’s Office of Florence [2019] EWHC 2938 (Admin) (06 November 2019)

Chesterfield Poultry Ltd v Sheffield Magistrates Court [2019] EWHC 2953 (Admin) (06 November 2019)

Wyatt v Government of United States of America [2019] EWHC 2978 (Admin) (06 November 2019)

Jones & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 2957 (Admin) (06 November 2019)

Anand & Anor v Royal Borough of Kensington And Chelsea [2019] EWHC 2964 (Admin) (06 November 2019)

High Court (Queen’s Bench Division)

Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)

Source: www.bailii.org

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Media and Defamation Law – The Pupillage Podcast

Posted November 6th, 2019 in defamation, freedom of expression, injunctions, media, news, privacy by sally

‘The recent announcement by the Duke and Duchess of Sussex — aka Harry and Meghan — that they are planning to sue Associated Newspapers after the Mail on Sunday published a private letter from Meghan to her father, has put the spotlight on media and defamation law – the topic of this episode of the pupillage podcast. We hear about celebrities and super injunctions, but also learn that nothing is beyond the reach of this fascinating area of law, from anti-semitism, to medical research, to the parish newsletter. If you’re interested in the conflict between free speech and privacy, and in truth and opinion then this episode is for you.’

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The Pupillage Podcast, October 2019

Source: soundcloud.com

‘Completely Inappropriate’: Raise Age Of Digital Consent To 16, MPs Say – Rights Info

Posted November 6th, 2019 in age of consent, children, consent, data protection, internet, news by sally

‘The age at which children can legally consent to having their personal data processed by tech companies should be raised from 13 to 16, MPs have urged.’

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Rights Info, 5th November 2019

Source: rightsinfo.org

The girl forced to wait two years for justice after a sexual assault – The Guardian

Posted November 6th, 2019 in children, delay, news, prosecutions, sexual offences, youth courts by sally

‘Lawyers say cuts to police and the CPS mean long delays in youth courts are no longer unusual.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

Christopher Gadd manslaughter trial: Driver guilty – BBC News

Posted November 6th, 2019 in homicide, news, road traffic offences, sentencing by sally

‘A learner driver accused of killing a man following an argument in a car park has been found guilty of manslaughter.’

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BBC News, 5th November 2019

Source: www.bbc.co.uk

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

Court reforms may not be completed in time, PAC warns – Legal Futures

Posted November 6th, 2019 in accounts, courts, delay, HM Courts Service, news, reports, select committees by sally

‘The government’s court modernisation programme may not be completed by the deadline of 2023, the House of Commons public accounts committee (PAC) has warned in its latest report on the project.’

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- Legal Futures, 6th November 2019

Source: www.legalfutures.co.uk

‘Lady in the Lake’ murder: Gordon Park’s conviction ‘unsafe’ – BBC News

Posted November 6th, 2019 in appeals, Criminal Cases Review Commission, DNA, murder, news by sally

‘The conviction of the so-called “Lady in the Lake” murderer was unsafe, the Court of Appeal has been told.’

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BBC News, 5th November 2019

Source: www.bbc.co.uk

Exclusive: CMA ramps up pressure on Bar Standards Board – Legal Futures

Posted November 6th, 2019 in barristers, competition, internet, legal services, news by sally

‘The Competition and Markets Authority (CMA) has ramped up the pressure on the Bar Standards Board (BSB) over its decision to stop funding the cross-regulator Legal Choices website.’

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Legal Futures, 6th November 2019

Source: www.legalfutures.co.uk

Man jailed for kicking seagull to death – The Independent

Posted November 6th, 2019 in animal cruelty, birds, guilty pleas, news, sentencing by sally

‘A man has been jailed for kicking and trampling a gull to death in the Welsh town of Tonypandy.’

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The Independent, 5th November 2019

Source: www.independent.co.uk

Difficulties in recruiting to District Bench “to have adverse consequences” for civil, family jurisdictions: Lord Chief Justice – Local Government Lawyer

Posted November 6th, 2019 in civil justice, courts, families, news, reports by sally

‘The Lord Chief Justice has warned of “a very worrying shortfall” in the recruitment of salaried members to the District Bench this year, saying that it will have adverse consequences for the family and civil jurisdictions.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

UK can’t rely on US platforms to regulate political ads, inquiry told – The Guardian

Posted November 6th, 2019 in advertising, inquiries, internet, news, political parties by sally

‘The UK cannot continue to rely on the goodwill of US digital platforms for regulating political adverts online, the chair of a parliamentary inquiry into democracy and digital campaigning has told the Advertising Standards Authority (ASA).’

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The Guardian, 5th November 2019

Source: www.theguardian.com

Case Preview: WM Morrisons Supermarkets plc v Various Claimants – UKSC Blog

Posted November 6th, 2019 in computer crime, data protection, news, Supreme Court, vicarious liability by sally

‘On 6 and 7 November 2019, the Supreme Court will hear Morrison’s appeal from the ruling of the Court of Appeal, in a data breach claim brought by 5,500 employees. The claim raises important questions of employee liability for the actions of rogue employees. It is one of a series of large cases which are working their way through the Courts (including claims against Google and British Airways), which each illustrate the increasing risks businesses face from group claims/class actions, arising from data protection breaches.’

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UKSC Blog, 5th November 2019

Source: ukscblog.com

Travellers: Home Office ‘Criminalising Families With Nowhere To Go’ – Charities – Rights Info

Posted November 6th, 2019 in news, police, public order, travellers, trespass by sally

‘Travellers’ and Gypsies’ ancient way of life is under threat from “inhumane” proposals to criminalise unauthorised encampments, charities have warned.’

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Rights Info, 5th November 2019

Source: rightsinfo.org

From contract to role: using human rights to widen the personal scope of employment protections – Oxford Human Rights Hub

‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’

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Oxford Human Rights Hub, 1st November 2019

Source: ohrh.law.ox.ac.uk

‘Dangerous’ government advert for universal credit ruled misleading by watchdog – The Independent

Posted November 6th, 2019 in advertising, benefits, complaints, disabled persons, news by sally

‘A complaint that a government advert extolling the benefits of universal credit was misleading, and thus “dangerous to the health and financial security of disabled people”, has been upheld by the UK’s advertising watchdog.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Police ban on Extinction Rebellion protests ruled illegal by high court – The Guardian

Posted November 6th, 2019 in climate change, demonstrations, false imprisonment, news, police, public order by sally

‘Hundreds of Extinction Rebellion protesters may now sue the Metropolitan police for unlawful arrest after the high court quashed an order banning the group’s protests in London last month.’

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The Guardian, 6th November 2019

Source: www.theguardian.com

Can my landlord lock my thermostat in a box? – BBC News

Posted November 6th, 2019 in energy, houses in multiple occupation, landlord & tenant, news by sally

‘In a multi-occupancy dwelling like Alex’s, the landlord is permitted to control the heating, with no rules against boxing off the thermostat, experts say. The same is true of a standard rental property with fewer than three tenants, if the landlord pays the bills.’

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BBC News, 5th November 2019

Source: www.bbc.co.uk