Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Jailed man fails in bid to blame lawyers for dropping conviction appeal – Legal Futures

‘The Court of Appeal has rejected an attempt by a man found guilty of soliciting the murder of his partner to blame his lawyers for abandoning his appeal against conviction.’

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Legal Futures, 26th October 2021

Source: www.legalfutures.co.uk

David Davis vows to lead rebellion against judicial review changes – The Guardian

‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer

‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Birmingham man tried to kill baby with poisoned milk bottle – BBC News

Posted October 26th, 2021 in attempted murder, children, imprisonment, news, sentencing by sally

‘A man who tried to kill a newborn baby by giving her prescription drugs in a milk bottle has been jailed.’

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BBC News, 25th October 2021

Source: www.bbc.co.uk

Significant Rise In Anti-LGBTQ+ Hate Crime Since 2015 – Each Other

‘In 2014-15, there were 6,363 reports of hate crimes based on sexual orientation. Comparatively, in 2020-21, there were 19,679 reports. For 2014-15, 598 transphobic hate crimes were reported but in 2020-21, 2,588 were reported.’

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Each Other, 25th October 2021

Source: eachother.org.uk

Police sexual misconduct: ‘No place’ for officers who abuse authority – BBC News

‘Police officers and staff who abuse their position for a sexual purpose have “no place in policing and will be found out”, a watchdog has warned.’

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BBC News, 26th October 2021

Source: www.bbc.co.uk

Motorola faces competition inquiry over UK emergency services network – The Guardian

‘The UK’s competition regulator is investigating Motorola over concerns that it has “cashed in” on its monopoly over mobile networks for the UK emergency services.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

‘Huge increase in political litigation’: Braverman defends JR reforms – Law Society’s Gazette

Posted October 22nd, 2021 in attorney general, bills, judicial review, judiciary, news, parliament, Supreme Court by sally

‘The attorney general has defended the government’s decision to reform judicial review, telling public law specialists that cases such as the Article 50 and prorogation challenges have introduced ‘uncertainty’ into the constitutional balance between parliament, government and the courts.’

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Law Society's Gazette, 19th October 2021

Source: www.lawgazette.co.uk

Peers urged to reject bill to legalise assisted dying – BBC News

Posted October 22nd, 2021 in assisted suicide, bills, doctors, news by sally

‘Medical professionals and religious leaders have warned peers against backing a fresh attempt to relax the law on assisted dying.’

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BBC News, 21st October 2021

Source: www.bbc.co.uk

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

Care bill for family soared without warning because of poor council information, Ombudsman finds – Local Government Lawyer

Posted October 22nd, 2021 in care homes, families, housing, local government, news, ombudsmen by sally

‘North Yorkshire County Council has been criticised by the Local Government and Social Care Ombudsman after a family’s care bill leapt from hundreds to thousands of pounds a month without notice.’

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Local Government Lawyer, 21st October 2021

Source: www.localgovernmentlawyer.co.uk

Proposed Voter ID reforms in the UK: The dangers of ‘fraud’ based regulation – Oxford Human Rights Hub

Posted October 22nd, 2021 in bills, elections, equality, fraud, human rights, identification, identity fraud, news by sally

‘The UK government’s Election Bill containing controversial Voter ID provisions is progressing with haste through parliament this month, despite significant alarm over its potential impact. Whilst the government claims the bill will increase ballot security, all evidence points to these proposals being harmful to voter access and electoral integrity as the US experience demonstrates.’

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Oxford Human Rights Hub, 18th October 2021

Source: ohrh.law.ox.ac.uk

England and Wales court backlog crisis ‘to go on for several years’ – The Guardian

‘The backlog of cases in criminal courts in England and Wales is likely to be a pervasive issue for several years, severely affecting victims, witnesses and defendants, the National Audit Office has said.’

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The Guardian, 22nd October 2021

Source: www.theguardian.com

Judge criticises Mackenzie Friend over timing of application to revoke adoption order – Local Government Lawyer

‘A disputed adoption case has highlighted the problems of reliance on a Mackenzie Friend rather than a solicitor in proceedings, a Family Division judge has suggested.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Building safety regulations give industry clarity ahead of new legislation – OUT-LAW.com

Posted October 22nd, 2021 in bills, building law, construction industry, health & safety, housing, news, regulations by sally

‘The UK government has published several draft regulations designed to give parliamentarians a better idea of how the Building Safety Bill will be implemented.’

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OUT-LAW.com, 21st October 2021

Source: www.pinsentmasons.com

Fostering agencies and religious beliefs – Local Government Lawyer

‘The Court of Appeal has recently ruled on the legality of a fostering agency’s requirement that potential carers must be Christians. Natasha Isaac examines the case.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

‘A massive injustice’: 10 years on from Dale Farm evictions, pain and trauma remain – The Guardian

Posted October 22nd, 2021 in homelessness, housing, local government, news, repossession, travellers by sally

‘On the day residents of Dale Farm, then one of the largest unauthorised Traveller sites in Europe, were due to be evicted a decade ago, pupils at the nearby primary school were handed special stones they could squeeze as they walked into their morning assembly. The teachers wanted to remind everyone that the school remained a safe and welcoming place.’

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The Guardian, 21st October 2021

Source: www.theguardian.com

Is The Cost of Childcare Threatening Families’ Human Rights? – Each Other

Posted October 22nd, 2021 in benefits, child support, children, families, government departments, human rights, news by sally

‘Childcare costs can threaten the right to a family life, but the UK government has rejected calls for an independent inquiry into soaring prices.’

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Each Other, 20th October 2021

Source: eachother.org.uk