Author: sally

Costs and Vexatiousness: Upper Tribunal Updates – Panopticon

Posted August 6th, 2018 in costs, freedom of information, news, vexatious litigants by sally

‘The procedural exemptions in sections 12 and 14 of FOIA are some of the most commonly used, and most commonly litigated, provisions of the legislation. Unsurprisingly, they have led to a disproportionate degree of appellate involvement. More surprisingly, they continue to do so. Three recent Upper Tribunal decisions add to that body of jurisprudence which ought to be considered by authorities faced with burdensome requests. This post is, as a result, quite burdensome itself.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Man who tried to gouge baby’s eyes out is jailed – The Guardian

Posted August 6th, 2018 in assault, attempted murder, attempts, child abuse, murder, news, sentencing by sally

‘A “very dangerous” man who threw a baby out of a window after trying to gouge its eyes out has been jailed for life. Sean Ziemelis, 31, also tried to strangle the baby boy before throwing him from a second-storey window in the early hours of 1 August 2017, Luton crown court heard.’

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The Guardian, 3rd August 2018

Source: www.theguardian.com

Teenager jailed for life over British Museum bomb plot – The Guardian

Posted August 6th, 2018 in news, sentencing, terrorism, young offenders by sally

‘An 18-year-old who became one of the youngest women to be convicted of terrorism offences in the UK has been sentenced to life in prison with a minimum of 13 years.’

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The Guardian, 3rd August 2018

Source: www.theguardian.com

Solicitor suspended for sending offensive tweets – Legal Futures

Posted August 6th, 2018 in disciplinary procedures, internet, news, solicitors by sally

‘A senior solicitor who sent offensives tweets about Islam, Catholicism and Judaism – and also retweeted some – has been suspended from practice for 18 months.’

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Legal Futures, 6th August 2018

Source: www.legalfutures.co.uk

Defendants ‘gaming system’ to get domestic violence cases dropped – The Guardian

Posted August 6th, 2018 in domestic violence, intimidation, magistrates, news, reports by sally

‘Defendants are “gaming the system” in specialist domestic violence courts by intimidating partners into not appearing in the expectation that magistrates will drop charges, a critical report has said.’

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The Guardian, 5th August 2018

Source: www.theguardian.com

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

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Family Law, 3rd August 2018

Source: www.familylaw.co.uk

Gambling licences to be tied to UK advertising and privacy rules – OUT-LAW.com

Posted August 6th, 2018 in advertising, gambling, licensing, news, privacy by sally

‘Gambling providers in Britain could lose the right to operate if they fail to comply with UK advertising rules, privacy regulations or consumer protection law under new licensing requirements set to apply from later this year.’

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OUT-LAW.com, 3rd August 2018

Source: www.out-law.com

Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Warning over online GPs as struck-off doctor discovered using loophole to prescribe ‘unsafe’ drugs – Daily Telegraph

Posted August 6th, 2018 in consumer protection, disciplinary procedures, doctors, electronic commerce, medicines, news by sally

‘The health care regulator is calling for greater powers to protect patients from online GPs after a struck-off doctor was discovered using a loophole to prescribe “unsafe” drugs.’

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Daily Telegraph, 6th August 2018

Source: www.telegraph.co.uk

NHS told ‘offer transgender fertility treatment’ or face legal action – BBC News

Posted August 6th, 2018 in assisted reproduction, health, news, transgender persons by sally

A watchdog is threatening NHS England with legal action if it does not begin offering fertility treatments to transgender patients as standard.

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BBC News, 5th August 2018

Source: www.bbc.co.uk

Slight fall in number of sentences revised up in 2017 after complaints – The Guardian

Posted August 6th, 2018 in appeals, attorney general, news, sentencing, statistics by sally

‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’

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The Guardian, 6th August 2018

Source: www.theguardian.com

Advertising watchdog rules against Gatwick Express ’30 minutes to London’ claim – The Guardian

Posted August 1st, 2018 in advertising, news, railways by sally

‘The Gatwick Express rail service can no longer claim it can get passengers from the airport to London “in just 30 minutes” after the advertising watchdog found that more than a fifth of its services are delayed.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Celebrity divorce lawyer backs reform of ‘archaic’ laws – BBC News

Posted August 1st, 2018 in divorce, marriage, news, solicitors by sally

‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Women In England ‘Illegally Taking Abortion Pills At Home’ To Avoid Having Abortions On Public Transport – Rights Info

Posted August 1st, 2018 in abortion, medicines, news by sally

‘Currently, the law states that all abortion pills must be taken in a clinic or hospital – meaning some women end up having an abortion on public transport, or while driving home.’

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Rights Info, 31st July 2018

Source: rightsinfo.org

Sharpening up on cyber could open data doors for universities – OUT-LAW.com

Posted August 1st, 2018 in data protection, news, universities by sally

‘There is “room for improvement” in the way universities manage data. That was the recent stark message from the UK’s data protection watchdog for a sector that derives great value from the data it holds.’

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OUT-LAW.com, 31st July 2018

Source: www.out-law.com

Tommy Robinson bailed after Court of Appeal win – BBC News

Posted August 1st, 2018 in appeals, bail, contempt of court, news by sally

‘Far-right activist Tommy Robinson has been bailed after winning an appeal against a finding of contempt of court.’

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BBC News, 1st August 2018

Source: www.bbc.co.uk

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

Posted August 1st, 2018 in children, disclosure, duty of candour, families, government departments, immigration, news, reasons, refugees by sally

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Concurrent delay risk can be allocated by contract, confirms Court of Appeal – OUT-LAW.com

Posted August 1st, 2018 in construction industry, contracts, delay, news by sally

‘Parties to building contracts are free to agree on how to allocate the risk of concurrent delay to works, the Court of Appeal ruled on Monday.’

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OUT-LAW.com, 30th July 2018

Source: www.out-law.com