Optometrist who failed to spot brain condition wins appeal against conviction over boy’s death – Daily Telegraph

Posted July 31st, 2017 in appeals, children, duty of care, health, homicide, negligence, news by sally

‘An optometrist who failed to spot symptoms of a life-threatening brain condition during a routine eye test of an eight-year-old boy who later died has won an appeal against her conviction for gross negligence manslaughter.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

High Court blocks bid to prosecute Tony Blair over Iraq War – The Independent

Posted July 31st, 2017 in international law, Iraq, news, private prosecutions, war by sally

‘The High Court has blocked a bid by a former chief of staff of the Iraqi army to bring a private prosecution against Tony Blair over the Iraq War.’

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The Independent, 31st July 2017

Source: www.independent.co.uk

UK ‘has stripped 150 jihadists and criminals of citizenship’ – The Guardian

‘More than 150 suspected jihadists and criminals have been stripped of their citizenship and banned from returning to the UK, it has been reported.’

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The Guardian, 30th July 2017

Source: www.theguardian.com

Litigators evenly split on impact of Brexit – Litigation Futures

‘Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found.’

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Litigation Futures, 31st July 2017

Source: www.litigationfutures.com

Court of Appeal: HMRC did not act unfairly in withdrawing guidance only for taxpayers with ‘open’ affairs – OUT-LAW.com

‘HM Revenue & Customs (HMRC) could withdraw previous guidance in relation to losses arising from the exercise of share options, even though other taxpayers whose affairs could not be reopened had benefited from the treatment, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th July 2017

Source: www.out-law.com

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

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NIPC Law, 28th July 2017

Source: nipclaw.blogspot.co.uk

Stalker jailed for manslaughter of former partner who killed herself – The Guardian

‘A man whose campaign of threats and harassment caused his former partner to kill herself has been jailed for manslaughter.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Controlled drugs, religion and Article 9: Beneficent Spiritist Center União Do Vegetal – Law & Religion UK

Posted July 31st, 2017 in drug offences, human rights, licensing, news, treaties by sally

‘The Beneficent Spiritist Center União do Vegetal is a religion with Christian and reincarnationist foundations; its declared objective to contribute to the spiritual development of the human being and the improvement of his or her intellectual qualities and moral virtues, without distinction of race, sex, creed, social class or nationality. In its rituals it uses hoasca tea (also known as ayahuasca). The tea is prepared from two Amazonian plants: the Mariri vine (Banisteriopsis caapi) and the leaves of the Chacrona bush (Psicotria viridis). In the União do Vegetal (UDV), hoasca tea is also known as “vegetal”; and the congregations drink it for the purpose of mental concentration. The plant materials from which the tea is made contain dimethyltryptamine (DMT), a class A controlled drug under the Misuse of Drugs Act 1971 [1-3].’

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Law & Religion UK, 31st July 2017

Source: www.lawandreligionuk.com

Negligent hospitals to get free pass at inquests under costs cap – warning – Daily Telegraph

Posted July 31st, 2017 in compensation, coroners, costs, hospitals, inquests, negligence, news by sally

‘NHS hospitals responsible for patient deaths will get a free pass at inquests under Government proposals to cap legal costs, the lawyer for victims of the Bristol heart scandal has warned.’

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Daily Telegraph, 30th July 2017

Source: www.telegraph.co.uk

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Four fold increase in fines under ‘busybody charter’ – Daily Telegraph

‘A four-fold increase in the number of fines issued under the “busybody charter” has been described as “utterly alarming”, with councils cracking down on activities such as feeding birds, walking dogs and playing loud bhangra music.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Record number of criminals have sentences increased – The Guardian

Posted July 31st, 2017 in attorney general, criminal justice, news, sentencing, statistics, victims by sally

‘A record number of criminals have had their sentences increased after victims and their families complained that they had been treated too leniently.’

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The Guardian, 30th July 2017

Source: www.theguardian.com

Gender identity: What do legal changes have to do with women’s rights? – BBC News

Posted July 31st, 2017 in consultations, equality, gender, news, transgender persons, women by sally

‘Trans activists have welcomed moves from the government to “streamline and de-medicalise the process” of changing legal gender. But some women are worried about the potential impact on their own legal rights.’

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BBC News, 31st July 2017

Source: www.bbc.co.uk

Trojan Horse affair: remaining disciplinary proceedings dropped – The Guardian

‘The government has given up its two-year-long attempt to ban teachers caught up in the Trojan Horse affair in Birmingham, after those in the remaining cases were told disciplinary action against them has been halted.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Disgraced surgeon Ian Paterson struck off by tribunal – BBC News

Posted July 26th, 2017 in disciplinary procedures, doctors, news by sally

‘Disgraced breast surgeon Ian Paterson who carried out unnecessary cancer operations has been struck off.’

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BBC News, 25th July 2017

Source: www.bbc.co.uk

Stephen Lawrence killer gets legal aid for compensation claim – Daily Telegraph

Posted July 26th, 2017 in assault, compensation, legal aid, news, personal injuries, prisons by sally

‘One of the killers of Stephen Lawrence has been granted legal aid in a battle to get compensation from the Government after he was allegedly beaten up in prison.’

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Daily Telegraph, 25th July 2017

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 26th, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Mike Ashley wins high court battle over ‘£15m pub deal’ – The Guardian

Posted July 26th, 2017 in contracts, enforcement, news by sally

‘Newcastle United owner and Sports Direct boss Mike Ashley has won a high court battle with investment banker Jeffrey Blue over a £15m deal allegedly made in a London pub.’

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The Guardian, 26th July 2017

Source: www.theguardian.com

Personal injury: Untraced drivers and rights – Law Society’s Gazette

Posted July 26th, 2017 in costs, limitations, Motor Insurers’ Bureau, news, personal injuries by sally

‘In Howe v Motor Insurers’ Bureau [2017] EWCA obligation 932, Mr Howe was driving a lorry in France on 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers’ Bureau and its French equivalent, but after a time he was told by the French that his claim was out of time. Consequently, he issued proceedings against the British MIB directly, seeking to enforce his rights under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the regulations). That claim was struck out because it was out of time. The MIB now sought to recover its costs of defending the proceedings.’

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Law Society's Gazette, 24th July 2017

Source: www.lawgazette.co.uk