Can climate litigation save the world? – The Guardian

‘Courts are a new front line of climate action with cases against governments and oil firms spiralling, and while victories have so far been rare the pressure for change is growing’

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The Guardian, 20th March 2018

Source: www.theguardian.com

SRA warning over sexual misconduct NDAs “put solicitors in difficult position” – Legal Futures

‘The Solicitors Regulation Authority’s warning about using non-disclosure agreements (NDAs) in cases of sexual harassment puts solicitors in a difficult position and may even discourage reporting, it has been claimed.’

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Legal Futures, 19th March 2018

Source: www.legalfutures.co.uk

Solicitor struck off after ‘heinous’ attempt to cover up litigation error – Litigation Futures

‘A solicitor whose corporate client had a summary judgment entered against them because he failed to attend a court hearing, has been struck off after making a false statement denying he knew about it in advance.’

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Litigation Futures, 19th March 2018

Source: www.litigationfutures.com

Who is it that doesn’t like Mondays? – UK Human Rights Blog

Posted March 19th, 2018 in artistic works, copyright, expert witnesses, intellectual property, news by sally

‘Music nerds may remember with fondness the great copyright wrangle involving Procol Harum and Bach. The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.’

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UK Human Rights Blog, 18th March 2018

Source: ukhumanrightsblog.com

Big win for NHS Resolution in test cases on pre-LASPO funding switches – Litigation Futures

Posted March 19th, 2018 in appeals, fees, health, legal aid, news, solicitors by sally

‘The Court of Appeal has found for NHS Resolution (NHSR) in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements (CFAs) ahead of the introduction of LASPO.’

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Litigation Futures, 16th March 2018

Source: www.litigationfutures.com

Rude judges bully lawyers in court, QC complains – Daily Telegraph

Posted March 19th, 2018 in barristers, bullying, complaints, judiciary, news by sally

‘Rude judges are “bullying” lawyers in courtrooms, a top QC has complained.’

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Daily Telegraph, 18th March 2018

Source: www.telegraph.co.uk

Serial killer Stephen Port: Report into Met’s handling of case ‘will be damning’ – BBC News

Posted March 19th, 2018 in complaints, murder, news, police, recidivists, reports by sally

‘Families of serial killer Stephen Port’s victims have been told a report into the Met Police’s initial response to the four deaths “will be damning”, according to solicitors.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Barrister blows whistle on ‘broken legal system brought to its knees by cuts’ – The Guardian

Posted March 19th, 2018 in barristers, complaints, courts, criminal justice, news, whistleblowers by sally

‘Damning book by ‘secret barrister’ tells of courts plagued by daily errors leaving them unfit for purpose.’

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The Guardian, 18th March 2018

Source: www.theguardian.com

Rapist caught after urinating in plant pot 30 years later – BBC News

Posted March 19th, 2018 in DNA, news, rape, sentencing by sally

‘A rapist who evaded capture for more than 30 years until he urinated in a neighbour’s plant pot – leading to a DNA match – has been jailed.’

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BBC News, 16th March 2018

Source: www.bbc.co.uk

Call for stricter rules on doorstep loans – BBC News

Posted March 19th, 2018 in consumer credit, financial regulation, loans, news by sally

‘People who borrow money from doorstep lenders should get the same protection as those with payday loans, a charity has argued.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Gambling regulator says FOBT stakes could be set higher than £2 – The Guardian

Posted March 19th, 2018 in gambling, news, regulations by sally

‘The UK’s gambling regulator has given the government the all-clear to defy calls to cut the stakes on the roulette-style games offered on controversial fixed-odds betting terminals (FOBTs) to £2.’

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The Guardian, 19th March 2018

Source: www.theguardian.com

The ‘MV Renos’ [2018] EWCA Civ 230 – 4 New Square

Posted March 16th, 2018 in insurance, news, repairs, shipping law by sally

‘In the ‘MV Renos’ the Court of Appeal had to determine whether the Respondents (“Owners”) had lost the right to abandon the vessel and claim that it was a constructive total loss (“CTL”).’

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4 New Square, 21st February 2018

Source: www.insurancelaw.london

Nesbit Law Group LLP v Acasta European Insurance Company Limited [2018] EWCA Civ 268 – 4 New Square

Posted March 16th, 2018 in exclusion clauses, indemnities, insurance, news by sally

‘In Nesbit Law Group LLP the Court of Appeal had to determine the proper construction of an exclusion clause in a series of Fidelity Guarantee Indemnity policies and whether the insurer should be permitted to amend its defence (the application having been made weeks before the hearing of the appeal) to allege various breaches of a loan agreement by insured which breaches were necessary for the insured to be caught by the exclusion clause.’

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4 New Square, 23rd February 2018

Source: www.insurancelaw.london

Uncertainty Around The Proposed Personal Injury Reforms Continues… – Zenith Chambers

Posted March 16th, 2018 in accidents, bills, news, personal injuries, road traffic, small claims by sally

‘Personal injury lawyers have been aware of the government’s plans to reform how personal injury claims are dealt with for some time. Originally, the new proposals were to come into force in October 2018. However, as a result of the General Election in 2017, the Prisons and Courts Bill did not progress.’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

FCA v Grout [2018] EWCA Civ 71: Anonymous or Synonymous? – 4 New Square

Posted March 16th, 2018 in financial regulation, identification, news, third parties by sally

‘The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19.’

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4 New Square, 6th February 2018

Source: www.4newsquare.com

5RB Podcasts on Interim Injunctions – 5RB

Posted March 16th, 2018 in injunctions, news, podcasts by sally

‘Desmond Browne QC moderates a discussion with Alex Marzec and Adam Speker on Interim Injunctions. In Part One they explore how to seek and defend an interim injunction application up to the hearing. In Part Two, they examine what happens at the hearing and beyond.’

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5RB, 10th March 2018

Source: www.5rb.com

Should the UK Make it Easier to Punish Foreign Human Rights Abusers? – Rights Info

Posted March 14th, 2018 in foreign jurisdictions, human rights, news, sanctions, state liability by sally

‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’

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Rights Info, 13th March 2018

Source: rightsinfo.org

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk