‘Wheelchair v buggy’: Man wins Supreme Court case – BBC News
‘A disabled man has won a Supreme Court case after a dispute with a woman with a buggy over wheelchair space on a bus.’
BBC News, 18th January 2017
Source: www.bbc.co.uk
Author: sally
Proportionality – opening a can of worms – Litigation Futures
‘In his final report, Lord Justice Jackson said: “Disproportionate costs do not become proportionate because they were necessary. In my view, that disproportionate element of the costs cannot be saved, even if the individual items within it were both reasonable and necessary”.’
Litigation Futures, 17th January 2017
Source: www.litigationfutures.com
What Westminster did next. Sending the homeless to Coventry – Nearly Legal
‘As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households.’
Nearly Legal, 16th January 2017
Source: www.nearlylegal.co.uk
Couple fails in Court of Appeal challenge over change to assisted dying policy – Daily Telegraph
‘Disability rights campaigners have failed in a bid to challenge the Director of Public Prosecution’s policy on assisted dying which they fear leaves vulnerable people “at risk from dodgy doctors”.’
Daily Telegraph, 17th January 2017
Source: www.telegraph.co.uk
UK counter-terror laws most Orwellian in Europe, says Amnesty – The Guardian
‘The UK is leading a Europe-wide “race to the bottom” with Orwellian counter-terrorism measures that seriously threaten human rights, according to a comparative survey of security laws by Amnesty International.’
The Guardian, 17th January 2017
Source: www.guardian.co.uk
Law Society warns solicitors may be damaged by Brexit – Legal Futures
‘US law firms will have less incentive to employ UK-qualified lawyers as a way to access European markets and the UK solicitor title could become less desirable as a result of Brexit, the Law Society has warned.’
Legal Futures, 16th January 2017
Source: www.legalfutures.co.uk
Ofcom fines EE £2.7m for overcharging customers – The Independent
‘The communications regulator found that the company broke a “fundamental billing rule” on two separate occasions, resulting in nearly 40,000 customers being overcharged around £250,000.’
The Independent, 18th January 2017
Source: www.independent.co.uk
The Mental Capacity Act 2005: an opportune time to reflect – OUP Blog
‘More than a decade has passed since the Mental Capacity Act (‘MCA’) received royal assent. Described as a ‘visionary piece of legislation’, the MCA was a significant landmark on the legal landscape. It represented a triumph of autonomy by recognising that, as far as possible, people should play an active role in decisions about their welfare. At the core of the MCA is the fundamental principle that a person must be assumed to have decision making capacity unless it is established that he lacks it. The law therefore assumes that everyone has the ability to act and take decisions in accordance with their own interests, and affords primacy to individual priorities over paternalistic imperatives. Where a person lacks capacity – whether for reasons of learning disability, dementia, brain injury, or some other impairment of or disturbance in the functioning of the mind or brain – the MCA permits decision-makers to act on behalf of the person in accordance with his ‘best interests’. This means that, amongst other things, decision-makers must take into account the person’s past and present wishes and feelings, his beliefs and values, and any other factors that the person would be likely to consider, in order to act in a way which would likely give expression to the person’s autonomy. In this way, the MCA sought to empower people to make decisions for themselves, protect the vulnerable from the excesses of paternalism, and engineer a cultural shift in attitudes to mental impairment and incapacity.’
OUP Blog, 17th January 2017
Source: www.blog.oup.com
Farmer dumps muck outside court in protest at justice system – Daily Telegraph,
‘A wealthy farmer dumped a lorry load of muck outside a crown court on Tuesday in protest at the “severely flawed” justice system which he claimed left him thousands of pounds out of pocket.’
Daily Telegraph, 17th January 2017
Source: www.telegraph.co.uk
European court rejects whole-life murder term challenge – BBC News
‘A British triple-killer has lost a challenge at the European Court of Human Rights against his whole-life prison term.’
BBC News, 17th January 2017
Source: www.bbc.co.uk
Daniel Morgan murder suspects named in court 30 years after killing – The Guardian
‘The alleged conspirators in the unsolved murder of Daniel Morgan have been named in court, nearly 30 years after the private detective was found dead with an axe embedded in his head in a pub car park.’
The Guardian, 17th January 2017
Source: www.guardian.co.uk
Lawyers divided on new white-collar crime offences – Law Society’s Gazette
‘US-style ‘vicarious liability’ and new ‘failure to prevent’ offences are under consideration in long-awaited government proposals to reform the law on corporate criminal liability published today. Initial reaction from corporate crime specialists was divided, with some lawyers seeing the proposals as a climb-down while others described them as a new burden on business.’
Law Society’s Gazette, 13th January 2017
Source: www.lawgazette.co.uk
Paying the Incorrect Court Fee – Some Relief for Claimants – Zenith PI Blog
‘This is another case in which the court considered a Defendant’s application that a claim was statute barred following the payment of an incorrect court fee on issue. Zenith Chamber’s Gordon Exall acted for the successful Claimant.’
Zenith PI Blog, 12th January 2017
Source: www.zenithpi.wordpress.com
‘I should have been a tenant’ – more on Bristol property guardians – Nearly Legal
‘As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also living in one of the former nursing homes.’
Nearly Legal, 15th January 2017
Source: www.nearlylegal.co.uk
Local government: cuts to library provision – Law Society’s Gazette
‘When local authorities plan to reduce, restructure or rationalise library services, litigation often results.’
Law Society’s Gazette, 16th January 2017
Source: www.lawgazette.co.uk
To me – To you – Nearly Legal
‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’
Nearly Legal, 15th January 2017
Source: www.nearlylegal.co.uk
Two guilty of Luton IS terror support plot – BBC News
‘Two men have been convicted of organising terrorist speeches and encouraging support for so-called Islamic State (IS).’
BBC News, 13th January 2017
Source: www.bbc.co.uk
City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer
‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’
Local Government Lawyer, 13th January 2017
Source: www.localgovernmentlawyer.co.uk
