Parties praised after first trial in capped costs pilot – Litigation Futures

Posted March 4th, 2020 in costs, leases, local government, news, pilot schemes by sally

‘The first case under the capped costs pilot reached trial last week, with the judge commending the parties for their “significant degree of collaboration” to make it work.’

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Litigation Futures, 2nd March 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 4th, 2020 in legislation by tracey

The Van Benefit and Car and Van Fuel Benefit Order 2020

The Taxes (Interest Rate) (Amendment) Regulations 2020

The Video Recordings (Labelling) (Amendment) Regulations 2020

The Financial Assistance for Environmental Purposes (England) Order 2020

The Employment Rights (Increase of Limits) Order 2020

The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020

The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020

The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

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5 SAH, 26th February 2020

Source: www.5sah.co.uk

BAILLI: Recent Decisions

Posted March 4th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2020] EWCA Civ 293 (04 March 2020)

Williams, R (On the Application Of) v Caerphilly County Borough Council [2020] EWCA Civ 296 (03 March 2020)

Revenue And Customs v Smith & Nephew Overseas Ltd & Ors [2020] EWCA Civ 299 (03 March 2020)

Kingsley & Ors v Kingsley [2020] EWCA Civ 297 (Ch) (03 March 2020)

Nottinghamshire County Council v SF And GD (Rev 1) [2020] EWCA Civ 226 (03 March 2020)

High Court (Chancery Division)

Addlesee & Ors v Dentons Europe LLP [2020] EWHC 238 (Ch) (03 March 2020)

Deacon v Yaseen [2020] EWHC 465 (Ch) (03 March 2020)

Kea Investments Ltd v Watson & Ors [2020] EWHC 472 (Ch) (02 March 2020)

High Court (Commercial Court)

Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm) (28 February 2020)

High Court (Family Division)

A (A Child) (Inherent Jurisdiction: Parens Patriae, FMPO And Passport Orders) (Rev 2) [2020] EWHC 451 (Fam) (27 February 2020)

A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC 323 (Fam) (18 February 2020)

High Court (Queen’s Bench Division)

Alsaifi v Npower Ltd & Ors [2020] EWHC 480 (QB) (03 March 2020)

JKL v VBN [2020] EWHC 458 (QB) (28 February 2020)

Tracey King (As Personal Representative of the Estate of Kevin King, Deceased) v South Tees NHS Hospital Foundation Trust [2020] EWHC 416 (QB) (28 February 2020)

High Court (Technology and Construction Court)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC) (02 March 2020)

Source: www.bailii.org

CA declares Heathrow expansion decision unlawful on climate change grounds – UK Human Rights Blog

Posted March 4th, 2020 in airports, appeals, climate change, environmental protection, news, planning by sally

‘Airport expansion has taken a long and winding road, not least at Heathrow. But the proponents of the 3rd runway at Heathrow would have been heartened by the Secretary of State’s decision in June 2018 to set out a policy which preferred Heathrow over Gatwick and which was designed to steer planning processes thereafter in support of the new runway.’

Full Story

UK Human Rights Blog, 27th February 2020

Source: ukhumanrightsblog.com

Early advice enthusiast takes on legal aid brief at MoJ – Legal Futures

Posted March 4th, 2020 in barristers, legal aid, Ministry of Justice, news, select committees by sally

‘A criminal law barrister who has called for the restoration of legal aid for early advice has become the new minister at the Ministry of Justice (MoJ) responsible for legal aid.’

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

HS2: Chris Packham launches legal challenge to rail link – BBC News

Posted March 4th, 2020 in budgets, climate change, delay, environmental protection, news, railways by sally

‘TV naturalist Chris Packham has launched a legal challenge to HS2 high-speed rail link.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

Full Story

Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

Oh! What a tangled web we weave… – Nearly Legal

Posted March 4th, 2020 in company directors, damages, fines, housing, landlord & tenant, licensing, news by sally

‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’

Full Story

Nearly Legal, 3rd March 2020

Source: nearlylegal.co.uk

Top civil servant begins legal case against Priti Patel and Home Office – The Guardian

‘Sir Philip Rutnam, the senior civil servant who resigned on Saturday claiming he was bullied and forced from office, has begun legal action against the government over his treatment by Priti Patel, his union has told the Guardian.’

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The Guardian, 3rd February 2020

Source: www.theguardian.com

Report into Welsh council highlights monitoring officer also being its sole qualified childcare lawyer as example of risk of ‘all hands to the pumps’ approach – Local Government Lawyer

Posted March 4th, 2020 in children, legal services, local government, news, solicitors, Wales by sally

‘A rapid assessment carried out by the Improvement and Assurance Board set up at Merthyr Tydfil County Borough Council has highlighted a situation where the authority’s monitoring officer is also its sole qualified childcare lawyer and has additional responsibilities as an example of why it has significant concerns about the ability of the council to deal with ongoing practical issues.’

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Local Government Lawyer, 3rd March 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

Unmarried partners still missing bereavement payments – BBC News

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Caroline Flack: authorities to review pursuit of assault case – The Guardian

Posted March 4th, 2020 in assault, Crown Prosecution Service, domestic violence, news, suicide, victims by sally

‘The Crown Prosecution Service (CPS) will review its handling of the assault case against the late Love Island host Caroline Flack.’

Full Story

The Guardian, 4th March 2020

Source: www.theguardian.com