Judge rails at lawyers’ ‘thoroughly disorganised’ case presentation – Law Society’s Gazette

Posted July 23rd, 2020 in case management, delay, expert witnesses, family courts, news by sally

‘A High Court judge has urged parties not to expect to be given sympathy in future if they continue to flout procedural rules and file evidence late.’

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Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Controversial immigration detention centre in Lincolnshire to close – The Guardian

Posted July 23rd, 2020 in detention, immigration, news, prisons, reports, self-harm, violence by sally

‘A controversial immigration detention centre where several deaths have occurred in recent years is to close.’

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The Guardian, 23rd July 2020

Source: www.theguardian.com

Family courts carry out ‘state sanctioned abuse’ of domestic abuse survivors by letting perpetrators see children, commissioner warns – The Independent

‘Family courts are responsible for “state-sanctioned abuse” of domestic abuse victims as they allow violent parents to torment their ex-partners through the legal process, London’s victims commissioner has warned.’

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The Independent, 22nd July 2020

Source: www.independent.co.uk

New Acts – legislation.gov.uk

Posted July 23rd, 2020 in budgets, legislation, stamp duty by tracey

Stamp Duty Land Tax (Temporary Relief) Act 2020

Supply and Appropriation (Main Estimates) Act 2020

Business and Planning Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 23rd, 2020 in legislation by tracey

The Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) (Amendment) Regulations 2020

The Friendly Societies Act 1992 (Accounts) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 23rd, 2020 in law reports by tracey

High Court (Administrative Court)

Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) (22 July 2020)

Choudhary v Prosecutor at the Creteil Tgi, France [2020] EWHC 1966 (Admin) (22 July 2020)

Alake, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 1956 (Admin) (22 July 2020)

High Court (Chancery Division)

Goldtrail Travel Ltd v Grumbridge [2020] EWHC 1757 (Ch) (22 July 2020)

Awendale Resources Incorporated v Pyxis Capital Management Ltd [2020] EWHC 1978 (Ch) (22 July 2020)

ARC Aggregates Ltd v Branston Properties Ltd [2020] EWHC 1976 (Ch) (22 July 2020)

State Bank of India & Ors v Mallya [2020] EWHC 1981 (Ch) (22 July 2020)

High Court (Queen’s Bench Division)

Smith v Secretary of State for Transport [2020] EWHC 1954 (QB) (21 July 2020)

High Court (Technology and Construction Court)

Empyreal Energy Ltd v Daylighting Power Ltd [2020] EWHC 1971 (TCC) (22 July 2020)

Source: www.bailii.org

High Court rejects CFA-style ban on third-party funding in family cases – Litigation Futures

Posted July 22nd, 2020 in champerty, families, family courts, fees, news, third parties by sally

‘The ban on conditional fee agreements (CFAs) in family cases should not be read across to third-party litigation funding, the High Court has ruled.’

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Litigation Futures, 22nd July 2020

Source: www.litigationfutures.com

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park – Local Government Lawyer

‘A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.’

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Local Government Lawyer, 22nd July 2020

Source: www.localgovernmentlawyer.co.uk

Personal injury claim numbers continue to fall – Litigation Futures

Posted July 22nd, 2020 in compensation, news, personal injuries, statistics by sally

‘The number of personal injury claims registered with the Compensation Recovery Unit (CRU) fell over the last year to the lowest point in a decade, newly published figures have shown.’

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Litigation Futures, 22nd July 2020

Source: www.litigationfutures.com

Christopher Kapessa river death: No prosecution decision upheld – BBC News

‘A 14-year-old boy who pushed a boy, 13, into a river before he died will not be prosecuted, a review has concluded.’

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BBC News, 20th July 2020

Source: www.bbc.co.uk

Stevie Martin: Bullying, threatening and animus: what remains of the rule against apparent bias following the Supreme Court’s judgment in Serafin? – UK Constitutional Law Association

‘At the heart of the Supreme Court judgment in Serafin v Malkiewicz was the question of whether the Court of Appeal was correct in finding that the defamation proceedings before Justice Jay had been unfair (though the Court’s reasons with respect to the public interest defence under s 4 of the Defamation Act 2013 are also profoundly significant).’

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UK Constitutional Law Association, 22nd July 2020

Source: ukconstitutionallaw.org

Treatment of pensions on divorce – Law Society’s Gazette

‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’

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Law Society's Gazette, 20th July 2020

Source: www.lawgazette.co.uk

New high for NHS claims settling before proceedings – Litigation Futures

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Immunity rule changed in wake of Harry Dunn death – BBC News

‘The UK and the US have agreed to amend an “anomaly” that allowed Harry Dunn death suspect Anne Sacoolas to claim diplomatic immunity.’

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BBC News, 22nd July 2020

Source: www.bbc.co.uk

Asylum seeker to sue Home Office after falling ill with Covid-19 – The Guardian

‘An asylum seeker who became infected with Covid-19 after an outbreak in his accommodation – despite assurances from the Home Office that he would not be at risk from the virus there – is taking legal action against the government.’

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The Guardian, 21st July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 22nd, 2020 in legislation by tracey

The Town and Country Planning (Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020

The Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020

The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020

The National Minimum Wage (Offshore Employment) (Amendment) Order 2020

The Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020

The Global Human Rights Sanctions (Overseas Territories) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 22nd, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

A v R. [2020] EWCA Crim 948 (21 July 2020)

High Court (Administrative Court)

Humnyntskyi & Ors, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 1912 (Admin) (21 July 2020)

High Court (Chancery Division)

Brake & Ors v Swift & Anor [2020] EWHC 1959 (Ch) (21 July 2020)

High Court (Commercial Court)

Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) (21 July 2020)

Source: www.bailii.org

Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog

‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’

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UK Human Rights Blog, 21st July 2020

Source: ukhumanrightsblog.com

New penalties proposed for rule-breaking MPs – BBC News

‘MPs could be banned from foreign trips or made to take anger management classes under a proposed revamp of Parliament’s sanctions regime.’

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BBC News, 21st July 2020

Source: www.bbc.co.uk

Demand for legal services to surge after pandemic – Legal Services

Posted July 22nd, 2020 in barristers, coronavirus, delay, Law Society, legal services, news, solicitors by sally

‘The end of the coronavirus pandemic will be followed by a “massive increase” in demand for legal services, the president of the Law Society has predicted.’

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Legal Futures, 22nd July 2020

Source: www.legalfutures.co.uk