Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Digital courts’ success will win over sceptics, says senior judge – Law Society’s Gazette

Posted November 8th, 2016 in courts, internet, judges, news, witnesses by sally

‘The judge leading efforts to drag the courts system into the 21st century has reassured sceptical lawyers they will be won over by technological advances.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

Thum v Thum – WLR Daily

Posted November 8th, 2016 in civil procedure rules, delay, divorce, EC law, law reports, regulations, service by sally

Thum v Thum [2016] EWHC 2634 (Fam)

‘Having issued a divorce petition in the English courts on 26 October 2015 the wife made no attempt to serve the husband until, on 19 January 2016, she sent the papers to the relevant court office for service out of the jurisdiction. A typographical error contained within the details of the husband’s address caused effective service to be further delayed until 27 February 2016. The husband, having issued his own German divorce petition on 19 January 2016, applied to dismiss or stay the wife’s petition on the ground that she had failed “subsequently [to] take the steps required of her to effect service upon the respondent” in accordance with article 16 of Council Regulation (EC) No 2201/2003 (“Brussels II revised”).’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

16-year-old’s representation plight highlights pro bono dependency – Law Society’s Gazette

Posted November 8th, 2016 in appeals, care orders, children, legal representation, news, pro bono work by sally

‘The Court of Appeal has allowed a 16-year-old involved in care proceedings to instruct her own solicitor in a case highlighting the extent to which pro bono solicitors are now needed to resolve representation challenges.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

Steak knife murder: Emma-Jayne Magson jailed for life – BBC News

Posted November 8th, 2016 in murder, news, sentencing by sally

‘A woman who stabbed her boyfriend in the chest with a steak knife has been jailed for life for his murder.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association

Posted November 8th, 2016 in appeals, constitutional law, EC law, legislation, news, parliament, treaties by sally

‘The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

UK court rules gambler’s ‘advantage play’ constitutes ‘cheating’ – OUT-LAW.com

Posted November 8th, 2016 in appeals, gambling, news by sally

‘A gambler does not need to behave dishonestly to be considered to be cheating under British gambling laws, the Court of Appeal in London has said.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Four men given lifelong anonymity amid fears of jigsaw identification of child – Local Government Lawyer

Posted November 8th, 2016 in anonymity, children, injunctions, news, reporting restrictions, sexual offences by sally

‘Four men who were the subject of interim injunctions over suspected child sexual exploitation should have their anonymity protected for life after no action was taken against them, a High Court judge has ruled.’

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Local Government Lawyer, 2nd November 2016

Source: www.localgovernmentlawyer.co.uk

Ann Maguire murder could not have been foreseen, review finds – The Guardian

‘The murder of a teacher by one of her pupils during a class at a Leeds school could not have been predicted or pre-empted, an official investigation has found.’

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the Guardian, 8th November 2016

Source: www.guardian.co.uk

Brexit: Former top judge warns over Article 50 appeal – BBC News

Posted November 8th, 2016 in appeals, brexit, EC law, judges, media, news, parliament, treaties by sally

‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

Crown prosecutors consider complaint against Brexit EU referendum campaigns – The Independent

‘Crown prosecutors are considering a complaint that the Leave campaign misled voters during the EU referendum campaign.’

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The Independent, 7th November 2016

Source: www.independent.co.uk

Court “does not have to accept” parties’ agreement not to budget – Litigation Futures

Posted November 8th, 2016 in appeals, budgets, civil procedure rules, competition, costs, news, tribunals by sally

‘A High Court judge has made it clear that the court is not required to go along with parties who agree to dispense with costs management.’

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Litigation Futures, 7th November 2016

Source: www.litigationfutures.com

Appeal court finds Sammy Lee gave false evidence over Bolton transfer deal – The Guardian

Posted November 8th, 2016 in agency, appeals, contracts, evidence, news, sport by sally

‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’

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The Guardian, 7th November 2016

Source: www.guardian.co.uk

New facts, ex-marriages and homeless applications – Nearly Legal

Posted November 8th, 2016 in divorce, homelessness, local government, news by sally

‘This was judicial review of Hillingdon’s refusal to accept a homeless application from Ms A.’

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Nearly Legal, 7th November 2016

Source: www.nearlylegal.co.uk

UN: ‘Grave’ disability rights violations under UK reforms – BBC News

Posted November 8th, 2016 in disabled persons, human rights, news, reports, United Nations by sally

‘UK welfare reforms have led to “grave and systematic violations” of disabled people’s rights, a UN inquiry has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Christian couple refuse to give foster children to gay parents – The Independent

Posted November 8th, 2016 in adoption, Christianity, fostering, freedom of expression, homosexuality, news by sally

‘A husband and wife are fighting against their foster children’s adoption by two gay men because they “need a mother and father”.’

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The Independent, 8th November 2016

Source: www.independent.co.uk

Councils risk ‘legal action over care cuts’ – BBC News

Posted November 8th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘Council cuts to care in England are so severe there is a real risk families may take legal action, experts say.’

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BBC News, 8th November 2016

Source: www.bbc.co.uk

Prosecutors are failing ‘honour’ crime victims, say Met whistleblower – The Guardian

‘Prosecutors are failing to tackle “honour crimes” in British Asian communities for fear of causing unrest, a Scotland Yard whistleblower has said.’

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The Guardian, 8th November 2016

Source: www.guardian.co.uk