‘An IT consultant says his life is “ruined” after police forced him to give 24 hours notice before he wishes to have sex, as his identity ban is lifted.’
Daily Telegraph, 14th July 2016
Source: www.telegraph.co.uk
‘A former police constable who worked as a family liaison officer has been jailed for 18 years for raping two vulnerable women.’
The Guardian, 15th July 2016
Source: www.guardian.co.uk
‘Criminals who have failed to pay the proceeds gained from their crimes should not be released from prison until they have paid up, a new report suggests.’
The Independent, 15th July 2016
Source: www.independent.co.uk
‘A man who described himself in court as looking like John Travolta has been found guilty of the rape and murder of a teenager 34 years ago.’
BBC News, 15th July 2016
Source: www.bbc.co.uk
‘Eleven activists who took part in G20 protests seven years ago have received more than £60,000 in damages from the City of London police for false imprisonment, assault and breaches of the Human Rights Act. The case has raised serious questions about who owns personal data collected by police.’
The Guardian, 16th July 2016
Source: www.guardian.co.uk
‘An optometrist who failed to spot an eye condition in a boy who later died has been found guilty of gross negligence manslaughter.’
BBC News, 15th July 2016
Source: www.bbc.co.uk
‘Dr Matthew Green is the author of the acclaimed book London: A Travel Guide Through Time which was described by the Londonist as “easily the best social history of London for a decade”. Matthew also writes historical features for the Guardian, Financial Times and Telegraph, has been seen in many TV documentaries and is the founder of Unreal City Audio which produces immersive tours of historic London.
Exquisitely judgmental but chronically shy, fired by ambition yet lacerated by self-doubt, snooty though a quivering jelly in female company, Dudley Ryder, a 23-year old law student from Hackney, was the greatest 18th century diarist you’ve probably never heard of.
Matthew will introduce us to a social chameleon who was always ready to adopt different guises to fit the prevailing mood but who entrusted his ‘true’, darker personality to the leaves of his diary. As the Thames freezes over and lurid reports from the battlefields of the North permeate the city, Matthew and Dudley will be our guides as we explore the dark nooks of Fleet Street, guzzle ale and jig in Hanoverian mug houses, watch beheadings on Tower Hill, skate on the New River and sip “bitter gruel” in smoky coffee houses before retiring to our chambers in the Temple to read Ovid and Quintilian.
Sir Dudley Ryder rose to be Solicitor General, Attorney General and finally Lord Chief Justice (before Lord Mansfield). It is remarkable that his 2,000-page manuscript diary has slipped through the fingers of history. In its evocation of London as probably the most exciting place on earth, it is a brilliant successor to Pepys’s more famous chronicle.’
Date: 14th July 2016, 6.30pm
Location: The London School of Economics and Political Science: 9th Floor, Tower Two (TW2), 2 Clement’s Inn, Mobil Court, London WC2A 2AZ
Charge: Free
More information can be found here.
‘New immigration offences have now come into force, meaning it will now be easier to prosecute those who employ illegal workers.’
OUT-LAW.com, 13th July 2016
Source: www.out-law.com
‘Six years ago tomorrow [7 July], the UK Supreme Court said that gay people should not have to hide their sexuality in order to avoid persecution in their home country.’
RightsInfo, 6th July 2016
Source: www.rightsinfo.org
‘Proprietary estoppel is a flexible and useful cause of action. Instances of parties claiming entitlement to equitable relief by way of proprietary estoppel have increased markedly in the last few years. Proprietary estoppel is often pleaded in addition to other causes of action, such as resulting trusts, common intention constructive trusts and contract claims. Consequently it is an important area of law for property, family and commercial practitioners.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
‘Litigators beware – open conduct in litigation could change the effect of a Part 36 offer, warns Alan Tunkel.’
Counsel, July 2016
Source: www.counselmagazine.co.uk
‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘
WLR Daily, 16th June 2016
Source: www.iclr.co.uk
In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)
‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’
WLR Daily, 4th July 2016
Source: www.iclr.co.uk
Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)
‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’
WLR Daily, 7th July 2016
Source: www.iclr.co.uk
‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’
WLR Daily, 7th July 2016
Source: www.iclr.co.uk
Daniel and another v Tee and others [2016] EWHC 1538 (Ch)
‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors [2016 [EWHC] 1614 (Ch)
‘The claimant bank brought a claim for professional negligence against the defendant firm of solicitors. The claimant’s solicitors sent a letter to the defendant’s solicitors stating that they were accepting the defendant’s offer to settle contained in a “ without prejudice save as to costs” letter (“WPSAC letter”) and enclosing a draft Tomlin order. A series of without prejudice letters and conversations followed. The defendant’s solicitors wrote reiterating the terms of their offer of settlement. Subsequently, the claimant’s solicitors sent a without prejudice letter containing a CPR Pt 36 offer. The parties differed as to the effect of the claimant’s Part 36 offer on the defendant’s WPSAC letter. The defendant contended that the claimant’s Part 36 offer was a counteroffer and, in law, had the effect of rejecting its WPSAC letter so that thereafter, it was not open for acceptance.’
WLR Daily, 4th July 2016
Source: www.iclr.co.uk
‘The Supreme Court is expected to revamp its judicial selection process, which could result in more women filling vacancies.’
Law Society’s Gazette, 12th July 2016
Source: www.lawgazette.co.uk
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