Day: 14 May 2021

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

Posted May 14th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, part 36 offers, personal injuries, road traffic by sally

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

Full Story

St Philips Barristers, 13th May 2021

Source: st-philips.com

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

Posted May 14th, 2021 in barristers, causation, chambers articles, drafting, limitations, negligence, news, solicitors by sally

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

Full Story

Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

Posted May 14th, 2021 in appeals, chambers articles, consultations, housing, landlord & tenant, news, service charges by sally

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

Full Story

Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Applications for review in Special Educational Needs Cases – Local Government Lawyer

Posted May 14th, 2021 in appeals, education, judicial review, local government, news, special educational needs, tribunals by tracey

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

Full Story

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Lies and Lucas in the Family Court – Local Government Lawyer

Posted May 14th, 2021 in appeals, care orders, children, deceit, evidence, families, news, oral hearings, sexual offences by tracey

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

Full Story

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

Posted May 14th, 2021 in barristers, complaints, diversity, gender, news, solicitors, Solicitors Regulation Authority, transgender persons by tracey

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

Full Story

Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

UK Immigration Rough Sleeper Rule – Family Law

Posted May 14th, 2021 in charities, data protection, deportation, government departments, homelessness, immigration, local government, news by tracey

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

Full Story

Family Law, 11th May 2021

Source: www.familylaw.co.uk

CPS review findings for first year of coronavirus prosecutions – Crown Prosecution Service

Posted May 14th, 2021 in coronavirus, criminal justice, Crown Prosecution Service, news, prosecutions, statistics by tracey

‘The CPS has now reviewed a full year’s worth of cases charged under the coronavirus legislation, as part of our commitment to ensuring the laws are being applied consistently and correctly. Prosecutors checked 1,821 finalised cases under the Coronavirus Act and Health Protection Regulations between 26 March 2020 and 31 March 2021.’

Full Story

Crown Prosecution Service, 13th May 2021

Source: www.cps.gov.uk

Buckland urged to retain choice for court-assessed legal aid bills – Law Society’s Gazette

Posted May 14th, 2021 in consultations, costs, Law Society, legal aid, Ministry of Justice, news by tracey

‘The Ministry of Justice has been urged not to bring court-assessed civil legal aid bills in-house amid impartiality and transparency concerns as well as the impact on an already-dwindling supplier base.’

Full Story

Law Society's Gazette, 13th May 2021

Source: www.lawgazette.co.uk

County court order against Boris Johnson struck out – BBC News

Posted May 14th, 2021 in county courts, debts, defamation, government departments, news, small claims, striking out by tracey

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

Full Story

BBC News, 13th May 2021

Source: www.bbc.co.uk

Drunk driver jailed over student’s death in Nottingham – BBC News

Posted May 14th, 2021 in accidents, dangerous driving, drunk in charge, imprisonment, news, sentencing, unlawful killing by tracey

‘A driver has been jailed after causing the death of a university student in a hit-and-run last year.’

Full Story

BBC News, 13th May 2021

Source: www.bbc.co.uk

A woman has been jailed after vandalising the grave of a young diabetic man with the words: “Ha Ha Ha Liam. Looks like diabetes won again.”

Posted May 14th, 2021 in burials and cremation, compensation, criminal damage, families, imprisonment, malicious communications, news, restraining orders, sentencing by tracey

‘A woman has been jailed after vandalising the grave of a young diabetic man with the words: “Ha Ha Ha Liam. Looks like diabetes won again.” ‘

Full Story

The Independent, 13th May 2021

Source: www.independent.co.uk

New laws could lead to politicisation of the NHS, leading MPs warn – The Independent

Posted May 14th, 2021 in bills, government departments, hospitals, local government, news, select committees by tracey

‘The Commons health select committee said the planned new powers that would be granted to Matt Hancock under proposed changes legislation lack the necessary safeguards or detail on how the powers would be used.’

Full Story

The Independent, 14th May 2021

Source: www.independent.co.uk

Former Met officer who used position to aid criminal gang jailed – The Guardian

Posted May 14th, 2021 in abuse of position of trust, conspiracy, drug offences, gangs, imprisonment, misfeasance in public office, news, police, proceeds of crime, sentencing by tracey

‘A former Metropolitan police officer who used his position to help a criminal gang seize money from other offenders has been jailed for eight years.’

Full Story

The Guardian, 13th May 2021

Source: www.theguardian.com

Hundreds of women forced to ‘wear face masks while giving birth’ – The Independent

Posted May 14th, 2021 in birth, coronavirus, health & safety, hospitals, mental health, news, pregnancy, statistics, women by tracey

‘Hundreds of women were forced to wear face masks while giving birth despite this violating formal rules, a new study has found.’

Full Story

The Independent, 14th May 2021

Source: www.independent.co.uk

Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian

Posted May 14th, 2021 in birth, Court of Protection, health & safety, hospitals, mental health, news, pregnancy, restraint by tracey

‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’

Full Story

The Guardian, 14th May 2021

Source: www.theguardian.com

Parents seek second inquest into baby’s hospital death – BBC News

Posted May 14th, 2021 in causing death of children or vulnerable adults, children, coroners, families, hospitals, inquests, medical treatment, news by tracey

‘The parents of a baby who died after medical errors are to push for a new inquest into his death, after they say a “cruel” inquest denied them justice.’

Full Story

BBC News, 14th May 2021

Source: www.bbc.co.uk