Author: sally

“The Trouble with Release Under Investigation”. Lesley Bates writes about the impact of release under investigation upon a client acquitted 828 days after his arrest – 23 Essex Street

Posted August 23rd, 2019 in bail, delay, news, rape, school children, sexual offences, young offenders by sally

‘Changes to the use of police bail were designed to prevent suspects remaining on pre-charge bail for months on end pending investigation and decision about charge. Criticism of the use of Release Under Investigation (‘RUI’) has mostly focussed on the high numbers of suspects it is used for, the sharp fall in charging decisions and the fewer cases reaching court.’

Full Story

23 Essex Street, 20th August 2019

Source: www.23es.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

Full Story

4 New Square, 13th August 2019

Source: www.4newsquare.com

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

Posted August 23rd, 2019 in appeals, asbestos, cancer, closed material, compensation, disclosure, documents, employment, industrial injuries, news, Supreme Court, third parties by sally

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

Full Story

4 KBW, 6th August 2019

Source: www.4kbw.net

Coroner urges Home Secretary to review domestic abuse laws after man bludgeons wife to death – Daily Telegraph

Posted August 23rd, 2019 in coroners, domestic violence, families, inquests, news, police, restraining orders, statute law revision, suicide, victims by sally

‘A man has been cleared of a criminal offence over a video that showed a model of a building marked “Grenfell Tower” being burned, while a group of friends laughed and joked.’

Full Story

Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

Court clears man over video of Grenfell Tower model being burned – The Guardian

Posted August 23rd, 2019 in accidents, disclosure, fire, news, video recordings by sally

‘A man has been cleared of a criminal offence over a video that showed a model of a building marked “Grenfell Tower” being burned, while a group of friends laughed and joked.’

Full Story

The Guardian, 22nd August 2019

Source: www.theguardian.com

Elderly solicitor struck off for overcharging clients – Legal Futures

Posted August 23rd, 2019 in costs, disciplinary procedures, licensing, news, probate, professional conduct, solicitors by sally

‘A solicitor’s 55 years of practice have come to an end after he was struck off for overcharging probate clients.’

Full Story

Legal Futures, 23rd August 2019

Source: www.legalfutures.co.uk

Government Urged To Tackle ‘National Problem’ Of Protests Outside Abortion Clinics – Rights Info

Posted August 23rd, 2019 in abortion, appeals, demonstrations, freedom of expression, harassment, human rights, local government, news, public spaces protection orders by sally

‘Campaigners have renewed calls for the government to create “safe-zones” around abortion clinics across the country after the Court of Appeal upheld a ban on pro-life protests near a west London health centre.’

Full Story

Rights Info, 22nd August 2019

Source: rightsinfo.org

Woman must tell her son who his biological father is after having an affair rules the High Court – Daily Telegraph

Posted August 23rd, 2019 in anonymity, children, families, media, news, paternity, reporting restrictions by sally

‘A wife who was sued by her husband after it was revealed that her eight-year-old son is not his must reveal the name of the biological father to her husband and child.’

Full Story

Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

Extinction Rebellion activists convicted of public order offences – The Guardian

Posted August 23rd, 2019 in climate change, demonstrations, environmental protection, news, public order by sally

‘Three Extinction Rebellion activists involved in protests in central London in April have been convicted of public order offences at a trial which heard a message of support for them from the shadow chancellor, John McDonnell.’

Full Story

The Guardian, 22nd August 2019

Source: www.theguardian.com

Solicitors “ignorant about prof neg adjudication” – Litigation Futures

Posted August 22nd, 2019 in dispute resolution, negligence, news, solicitors by sally

‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’

Full Story

Litigation Futures, 22nd August 2019

Source: www.litigationfutures.com

Solicitors Regulation Authority consults on overhaul of Higher Rights of Audience scheme – Local Government Lawyer

Posted August 22nd, 2019 in consultations, news, rights of audience, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority has proposed the introduction of revised standards for the Higher Rights of Audience qualification.’

Full Story

Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Detention of Muslims at UK ports and airports ‘structural Islamophobia’ – The Guardian

Posted August 22nd, 2019 in detention, Islam, news, religious discrimination, terrorism by sally

‘Muslims are being detained at ports and airports for up to six hours by law enforcement using controversial counter-terrorism powers so disproportionately that the practice has become Islamophobic, according to human rights group Cage.’

Full Story

The Guardian, 20th August 2019

Source: www.theguardian.com

Solicitor operated unauthorised online divorce business – Legal Futures

Posted August 22nd, 2019 in disciplinary procedures, divorce, electronic commerce, news, solicitors by sally

‘A family lawyer who created an online divorce service did so to avoid regulation and not share the fees generated with his law firm, a tribunal has found in striking him off.’

Full Story

Legal Futures, 22nd August 2019

Source: www.legalfutures.co.uk

‘With great power comes great responsibility’ – contributory negligence post-Montgomery – UK Human Rights Blog

Posted August 22nd, 2019 in birth, contribution, doctors, hospitals, medical treatment, negligence, news by sally

‘Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium in the NHS, which is the root cause for defensive medical practice and the growing NHS litigation bill.’

Full Story

UK Human Rights Blog, 21st August 2019

Source: ukhumanrightsblog.com

Care home manager to be sentenced for failure to disclose evidence at inquest – Local Government Lawyer

Posted August 22nd, 2019 in care homes, disclosure, evidence, inquests, news, prosecutions, sentencing by sally

‘A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.’

Full Story

Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

Full Story

Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Withdrawal of Pre-Action Admissions – Judges Should Resist the Temptation to Conduct a Mini-Trial – Zenith PI Blog

Posted August 22nd, 2019 in local government, news, personal injuries, pre-action conduct by sally

‘The defendant local authority appealed against a master’s refusal of permission to withdraw a pre-action admission made by its insurer.’

Full Story

Zenith PI Blog, 21st August 2019

Source: zenithpi.wordpress.com

Planning Inspectorate issues new guidance for Statements of Case and Statement of Common Ground for s.78 planning appeals – Local Government Lawyer

Posted August 22nd, 2019 in appeals, inquiries, news, planning by sally

‘The Planning Inspectorate has issued – for s.78 planning appeals following the inquiries procedure – new guidance and a new process for the submission of the Statement of Case and Statement of Common Ground.’

Full Story

Local Government Lawyer, 22nd August 2019

Source: www.localgovernmentlawyer.co.uk

Other side’s costs bigger? Not relevant, says judge – Law Society’s Gazette

Posted August 22nd, 2019 in civil procedure rules, costs, injunctions, news by sally

‘The High Court has told a litigant they cannot argue against their opponent’s costs simply on the basis that the figure is higher than their own.’

Full Story

Law Society's Gazette, 20th August 2019

Source: www.lawgazette.co.uk

Buffer zones around abortion clinic – judgment – Law & Religion UK

Posted August 22nd, 2019 in abortion, demonstrations, freedom of expression, human rights, local government, news, proportionality by sally

‘The BBC reports that pro-life protesters have lost their legal challenge against the UK’s first buffer zone around an abortion clinic. Ealing Council implemented a 100-metre exclusion zone at the Marie Stopes centre last year after women complained of being intimidated. The Good Counsel Network, which holds vigils outside the clinic in Ealing, west London, denied harassing women. Three Court of Appeal judges dismissed the bid to overturn the ban on protests directly outside the facility.’

Full Story

Law & Religion UK, 21st August 2019

Source: www.lawandreligionuk.com