Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

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Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com

New hot-tubbing and ‘costs of costs management’ rules come into force – Litigation Futures

‘Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Surrogacy arrangement breakdown: surrogate ordered to hand child over to intended parents – Transparency Project

Posted December 4th, 2017 in children, news, parental responsibility, surrogacy by sally

‘The case concerned two couples A and B, male same-sex partners, and C and D, a heterosexual married couple. C and D had 5 children of their own. C, having been a gestational surrogate on two previous occasions, entered into a surrogacy agreement with A and B. C became pregnancy with H following embryo transfer. (using embryos created from A and B’s sperm and a donor egg from a Spanish egg donor which resulted in C’s pregnancy with H. A DNA test later confirmed A’s paternity.)’

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Transparency Project, 30th November 2017

Source: www.transparencyproject.org.uk

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

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UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

Pets and divorce – who keeps the family pet? – Family Law

Posted December 4th, 2017 in animals, custody, dispute resolution, divorce, news by sally

‘For many couples pets are an integral part of family life. But when relationships break down, it is not uncommon for arguments to arise about who gets to keep the family pet. So how do these disputes get resolved and what are the rules?’

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Family Law, 1st December 2017

Source: www.familylaw.co.uk

Interview: Sara Ryan talks about justice for Laughing Boy – Legal Voice

Posted December 4th, 2017 in autism, disabled persons, health, human rights, inquests, learning difficulties, news by sally

‘Connor Sparrowhawk. His name has got a superhero-like ring to it. ‘Connor Sparrowhawk, the boy who…’ But the boy who what? The boy who ‘loved his family’, suggests mum, Sara Ryan. ‘The boy who loved our dog, Chunky Stan, reading Horrible Histories, watching YouTube films of lorries loading on and off cross-channel ferries, the Mighty Boosh, septic tanks, Eddie Stobart lorries and London busses.’’

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Legal Voice, 1st December 2017

Source: www.legalvoice.org.uk

Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

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Local Government Lawyer, 1st December 2017

Source: www.localgovernmentlawyer.co.uk

Incurred and incurred again – Nearly Legal

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

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Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Bitcoin: UK and EU plan crackdown amid crime and tax evasion fears – The Guardian

‘The UK and other EU governments are planning a crackdown on bitcoin amid growing concerns that the digital currency is being used for money laundering and tax evasion.’

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The Guardian, 4th December 2017

Source: www.theguardian.com

High Court: Barristers may be entitled to lien but legal expenses insurers are not – Litigation Futures

Posted December 4th, 2017 in barristers, insurance, interest, news, remuneration by sally

‘Barristers may now be entitled to same lien that solicitors can have over the proceeds of litigation, the High Court has suggested, as it ruled that legal expenses insurers do not.’

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Litigation Futures, 4th December 2017

Source: www.litigationfutures.com

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Jail people who attack police dogs for up to five years, MPs say – Daily Telegraph

Posted December 4th, 2017 in animals, bills, criminal justice, news, police, sentencing by sally

‘Criminal suspects who attack police dogs should be jailed for up to five years under a specific new offence, MPs will say this week. Sir Oliver Heald, a former solicitor general, is to call for legislation to cover those who injure “service animals”, including guide dogs and animals assisting police and military officers.’

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Daily Telegraph, 2nd December 2017

Source: www.telegraph.co.uk

Pupils’ diaries convict Hampshire sex assault teacher – BBC News

‘Teenage girls’ diaries have been used to help convict a former PE teacher of sexually assaulting five pupils.’

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BBC News, 1st December 2017

Source: www.bbc.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Barristers to face ‘spot checks’ under new CPD scheme – Law Society’s Gazette

Posted November 29th, 2017 in barristers, continuing professional development, news by sally

‘Barristers will face ‘spot checks’ on whether they comply with the controversial new continuing professional development rules from next year under proposals outlined by the bar regulator.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Smartphones hampering jury trials, appeal judge warns – Law Society’s Gazette

Posted November 29th, 2017 in internet, judges, juries, jury directions, news, telecommunications by sally

‘Smartphones and social media are causing headaches for judges, a Court of Appeal judge has warned in a speech highlighting current challenges faced in jury trials.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Judge hits out at lack of provision of secure accommodation for teenager – Local Government Lawyer

Posted November 29th, 2017 in care orders, mental health, news, young persons by sally

A judge is to protest to ministers for the second time in a year about the lack of secure accommodation for vulnerable young people.

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

EU’s top court rules workers can claim compensation for untaken holidays – The Guardian

Posted November 29th, 2017 in compensation, EC law, holiday pay, news by sally

‘Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, the EU’s highest court has ruled.’

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The Guardian, 29th November 2017

Source: www.theguardian.com

High Court tells parties: Don’t abuse our tougher approach – Law Society’s Gazette

Posted November 29th, 2017 in budgets, delay, news by sally

‘The High Court has sent a message through a new judgment that litigants should not seek advantage from judges’ hardline stance on costs budgeting.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

West Midlands officers ‘failed’ murdered mum and baby – BBC News

Posted November 29th, 2017 in misfeasance in public office, murder, news, police by sally

‘A woman and her baby son were murdered by a man being monitored by police.’

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BBC News, 29th November 2017

Source: www.bbc.co.uk