‘Mortgage prisoners’ sue over ‘unfair’ rates – BBC News

Posted December 18th, 2019 in compensation, interest, mortgages, news by sally

‘Mortgage borrowers “unfairly trapped” on high interest rates when their lenders were nationalised are launching legal action against the companies they say are responsible.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

ABI drops discount rate judicial review threat – Litigation Futures

Posted December 18th, 2019 in compensation, insurance, judicial review, news, personal injuries by sally

‘The Association of British Insurers (ABI) has decided not to launch judicial review proceedings over the previous government’s decision to raise the discount rate, but only to -0.25%.’

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Litigation Futures, 17th December 2019

Source: www.litigationfutures.com

Jailed solicitor must repay £3m or face more prison time – Legal Futures

‘A jailed solicitor involved in the UK’s biggest ever tax fraud must repay £3m of his ill-gotten gains or face a further nine years in prison, a judge at the Old Bailey has ruled.’

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Legal Futures, 18th December 2019

Source: www.legalfutures.co.uk

Advertising watchdog bans e-cigarette promotion on Instagram – The Guardian

Posted December 18th, 2019 in advertising, complaints, health, internet, news, ombudsmen, smoking, young persons by sally

‘British American Tobacco (BAT) and three other e-cigarette firms have been banned by the UK advertising watchdog from promoting their vaping products on public Instagram pages in a ruling described as “a huge step forward” by health campaigners.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Murder victim Andre Aderemi’s mum ‘outraged’ at killer’s Snapchat video – BBC News

Posted December 18th, 2019 in bereavement, families, murder, news, prisons, telecommunications, victims, video recordings by sally

‘A convicted murderer will be “disciplined” after posting a Snapchat video of himself in prison appearing to “mock” the family of the person he stabbed to death.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

Three generations of Windrush family struggling to prove they are British – The Guardian

‘Three generations of one Windrush-descended family are struggling to prove that they are British in a protracted fight for documentation which has left a London-born woman facing homelessness with her two-year-old son.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Alan Shearer gets payout over ‘bad advice’ pension – BBC News

Posted December 17th, 2019 in financial advice, negligence, news, pensions by tracey

‘Ex-England footballer and BBC pundit Alan Shearer has won £100,000 in a court fight with a financial advisor.’

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BBC News, 13th December 2019

Source: www.bbc.co.uk

Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog

Posted December 17th, 2019 in construction industry, contracts, jurisdiction, news, planning by tracey

‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’

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Practical Law Construction Blog, 17th December 2019

Source: constructionblog.practicallaw.com

Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog

Posted December 17th, 2019 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by tracey

‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’

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UKSC Blog, 16th December 2019

Source: ukscblog.com

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by tracey

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

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Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted December 17th, 2019 in law reports by tracey

Supreme Court

Miller & Ors v Ministry of Justice [2019] UKSC 60 (16 December 2019)

Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

Court of Appeal (Criminal Division)

Clements, R v [2019] EWCA Crim 2253 (12 December 2019)

Wooff, R v [2019] EWCA Crim 2249 (12 December 2019)

Montaut, R v [2019] EWCA Crim 2252 (12 December 2019)

High Court (Administrative Court)

Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council [2019] EWHC 3480 (Admin) (16 December 2019)

High Court (Chancery Division)

Bate & Anor v Affinity Water Ltd [2019] EWHC 3425 (Ch) (16 December 2019)

High Court (Queen’s Bench Division)

Perkier Foods Ltd v Halo Foods Ltd [2019] EWHC 3462 (QB) (16 December 2019)

PME v The Scout Association [2019] EWHC 3421 (QB) (12 December 2019)

High Court (Technology and Construction Court)

ISG Construction Ltd v English Architectural Glazing Ltd [2019] EWHC 3482 (TCC) (16 December 2019)

Source: www.bailii.org

Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by tracey

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Coroner criticises NHS after death of patient with broken neck who was shunted between hospitals three times – The Independent

Posted December 17th, 2019 in coroners, elderly, hospitals, inquests, news by tracey

‘The death of Jean Waghorn, who died after contracting pneumonia in hospital, sparked criticism from a coroner who said the NHS trust had ignored earlier warnings over moving patients between hospitals. Senior coroner Veronica Deeley had issued two official alerts to Brighton and Sussex Hospitals Trust last year after the deaths of frail elderly patients who were wrongly shuttled between hospitals.’

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The Independent, 16th December 2019

Source: www.independent.co.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by tracey

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Appeal to be heard for banned jockeys who failed to heed a yellow void-race flag at Sandown – Daily Telegraph

Posted December 17th, 2019 in appeals, disciplinary procedures, horse racing, news, sport by tracey

‘The seven jockeys who each received a 10-day ban for failing to heed a yellow void-race flag at Sandown on December 7 will have their appeal heard by the British Horseracing Authority’s independent disciplinary panel in High Holborn on Tuesday.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Football for sale: Agent and manager found guilty of bribery – Daily Telegraph

Posted December 17th, 2019 in bribery, news, sport by tracey

‘A players’ agent and a senior club football manager have been convicted of bribery charges following a Telegraph investigation.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Subpostmasters ‘vindicated’ as high court finds IT system had ‘bugs and defects’, paving way for further legal action – Daily Telegraph

Posted December 17th, 2019 in accounts, computer programs, malicious prosecution, news, postal service by tracey

‘Former subpostmasters who brought legal action against the Post Office say they have been “vindicated” after the High Court finds that their IT system had “bugs and defects,” paving the way for further legal action.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Election candidate guilty of harassing MP Anna Soubry – BBC News

Posted December 17th, 2019 in brexit, harassment, news, political parties, sentencing by tracey

‘A Brexit activist who was “obsessed” with former MP Anna Soubry has been jailed for 28 days for harassing her.’

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BBC News, 16th December 2019

Source: www.bbc.co.uk

Grenfell Tower: London Fire Brigade ‘too slow to learn lessons from disaster’, says watchdog – The Independent

Posted December 17th, 2019 in emergency services, fire, news, reports by tracey

‘The London Fire Brigade (LFB) has been too slow to learn lessons from the Grenfell tragedy, with “wasteful” practices, insufficiently trained staff and failure to follow national guidance still being a problem in the organisation two and a half years on, a watchdog has warned.’

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The Independent, 17th December 2019

Source: www.independent.co.uk