Author: sally

Part 36 Trumps Fixed Costs (and no Donald in Sight): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94 – Zenith PI Blog

Posted March 2nd, 2016 in appeals, civil procedure rules, costs, interpretation, news, part 36 offers, personal injuries by sally

‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’

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Zenith PI Blog, 1st March 2015

Source: www.zenithpi.wordpress.com

Report urges end to 94 years of BBC self-regulation – The Guardian

Posted March 2nd, 2016 in BBC, complaints, media, news, ombudsmen, statistics by sally

‘An end to 94 years of BBC self-regulation by scrapping the BBC Trust has been proposed by an independent report calling for “fundamental reform” of the way the corporation is governed.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

UK spying laws: Government introduces law requiring WhatsApp and iMessage to break their own security – The Independent

Posted March 2nd, 2016 in bills, extraterritoriality, intelligence services, interception, internet, investigatory powers, news, police, privacy, select committees, telecommunications by sally

‘The draft Investigatory Powers Bill, or Snoopers’ Charter, keeps a provision that weakening of security will only happen in cases where it is ‘practicable’, but that could still allow the Government to outlaw many of the most popular chat services as they currently exist.’

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The Independent, 1st March 2016

Source: www.independent.co.uk

Curbs on ‘shameless’ armed forces claims within weeks – Law Society’s Gazette

Posted March 2nd, 2016 in armed forces, costs, evidence, Iraq, law firms, news, professional conduct, Solicitors Regulation Authority, witnesses by sally

‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’

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Law Society’s Gazette, 2nd March 2016

Source: www.lawgazette.co.uk

Sole practitioner who overcharged client by 500% is struck off – Legal Futures

Posted March 2nd, 2016 in abuse of position of trust, costs, disciplinary procedures, fees, fines, licensing, news, professional conduct, solicitors by sally

‘A sole practitioner who overcharged by 500% for private client work has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 2nd March 2016

Source: www.legalfutures.co.uk

Watchdog bans Church of Scientology TV ad for misleading viewers – The Guardian

Posted March 2nd, 2016 in advertising, complaints, news, ombudsmen, statistics by sally

‘A TV ad aired by the Church of Scientology has been banned by the advertising watchdog for misleading viewers with a claim it gives aid to tens of millions of people.’

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The Guardian, 2nd March 2016

Source: www.guardian.co.uk

Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

Posted March 2nd, 2016 in civil justice, civil procedure rules, costs, documents, news, oaths, practice directions, witnesses by sally

‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’

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Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

Posted March 2nd, 2016 in appeals, consultations, energy, limitations, local government, news, notification, planning, public interest, time limits by sally

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

Sean Rigg death: case against five police officers referred to CPS – The Guardian

Posted March 2nd, 2016 in Crown Prosecution Service, death in custody, inquests, misfeasance in public office, news, ombudsmen, police, restraint by sally

‘Prosecutors are to consider whether they should bring criminal charges against five police officers over the arrest, restraint and detention of Sean Rigg, a musician who died in Metropolitan police custody.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

Paddy Power case highlights scourge of fixed-odds betting terminals – The Guardian

Posted March 2nd, 2016 in advertising, consumer protection, crime prevention, gambling, news, ombudsmen, sport by sally

‘Damning Gambling Commission report reveals how racing risks being caught in the crossfire over the row raging about the high street betting shop machines.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

Home Office to publish revised draft of snooper’s charter – The Guardian

Posted March 1st, 2016 in bills, intelligence services, interception, internet, news, privacy, telecommunications by sally

‘The home secretary, Theresa May, has revised some elements of her controversial “snooper’s charter” legislation in an attempt to address criticism by MPs and peers of the surveillance powers it confers.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

Judge rejects NHSLA challenge to medical negligence ATE premium – Litigation Futures

Posted March 1st, 2016 in costs, health, insurance, negligence, news by sally

‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’

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Ligitation Futures, 29th February 2016

Source: www.litigationfutures.com

Legal Aid Agency spends £93m on cases not heard in court – Law Society’s Gazette

Posted March 1st, 2016 in costs, Crown Prosecution Service, legal aid, news, prosecutions, reports, trials by sally

‘The Legal Aid Agency (LAA) has spent more than £93m funding defence counsel in cases that did not go to trial, the National Audit Office has found.’

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Law Society’s Gazette, 1st March 2016

Source: www.lawgazette.co.uk

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor – Free Movement

Posted March 1st, 2016 in civil procedure rules, evidence, immigration, news, private hearings, tribunals by sally

‘Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This was inevitably criticised by the press. In Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin), Mr Justice Blake in the High Court deals whether in appropriate circumstances information can be withheld from an appellant, or both an appellant and their representative, in immigration tribunals. Rule 13 of the 2014 Immigration Tribunal Procedure Rules purports to do just that; the Immigration Law Practitioner’s Association (ILPA) brought a challenge to its legality.’

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Free Movement, 29th February 2016

Source: www.freemovement.org.uk

LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Posted March 1st, 2016 in banking, case management, courts, damages, financial regulation, interest, judges, news by sally

‘A claim against Royal Bank of Scotland (RBS), including allegations of rigging the LIBOR rate, has been transferred to the new Financial List even though the move means bringing in a new judge.’

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Litigation Futures, 1st March 2016

Source: www.litigationfutures.com

Judicial involvement in pre-proceedings for care cases to be piloted: top judge – Local Government Lawyer

Posted March 1st, 2016 in care orders, case management, children, family courts, judiciary, news, pilot schemes, speeches by sally

‘Schemes for judicial and CAFCASS involvement in the pre-proceedings phase of some types of care case will be piloted in selected courts shortly, the President of the Family Division has said.’

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Local Government Lawyer, 1st March 2016

Source: www.localgovernmentlawyer.co.uk

FCA ‘lacks evidence’ of whether regulation is reducing mis-selling by financial firms, auditors say – OUT-LAW.com

Posted March 1st, 2016 in consumer protection, evidence, financial regulation, news by sally

‘Data collected by the Financial Conduct Authority (FCA) is insufficient to prove whether regulatory interventions have had an effect on mis-selling by financial firms, the UK’s public spending watchdog has said.’

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OUT-LAW.com, 26th February 2016

Source: www.out-law.com

Regulator issues record £350,000 fine over PPI mis-selling calls – The Guardian

Posted March 1st, 2016 in complaints, data protection, fines, news, telecommunications by sally

‘A company that illegally sold on personal information and plagued members of the public with more than 46m automated nuisance calls relating to Payment Protection Insurance (PPI) mis-selling claims has received a record £350,000 fine.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

A Hawarden Kite – Nearly Legal

Posted March 1st, 2016 in covenants, forfeiture, housing, leases, news, tribunals by sally

‘Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to payment of monies or more general “management” covenants (e.g. stopping people just removing load bearing walls); but, on the other, the potential for an enormous (and almost always disproportionate) benefit to the landlord if the lease actually is forfeited is pretty hard to justify. Moreover, as a result of both the general drafting techniques in long leases and some [ahem] interesting Court of Appeal decisions, there is a pretty good case that a landlord can recover his legal and professional costs of pursuing forfeiture matters, even if the breach is trivial or if relief would be granted.’

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Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

Paddy Power ‘encouraged gambler until he lost his home, jobs and family’ – The Guardian

Posted March 1st, 2016 in gambling, money laundering, news, reports by sally

‘Bookmaker Paddy Power encouraged a problem gambler to keep betting until he lost five jobs, his home and access to his children, according to a report by the Gambling Commission.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk