Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

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Litigation Futures, 22nd March 2017

Source: www.litigationfutures.com

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Councils struggle to meet duties under Children Act – Local Government Lawyer

Posted March 24th, 2017 in children, local government, news, statutory duty by sally

‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’

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Local Government Lawyer, March 2017

Source: www.localgovernmentlawyer.co.uk

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Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

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Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

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Lord Chancellor announces changes to personal injury compensation payments – Litigation Futures

Posted March 24th, 2017 in compensation, news, personal injuries by sally

‘On 27th February, Elizabeth Truss announced her decision to lower the Discount Rate from 2.5% to minus 0.75% in accordance with the law and in her capacity as independent Lord Chancellor.’

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Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com

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Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

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UK Constitutional Law Association, 24th March 2017

Source: www.ukconstitutionallaw.org

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Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert – OUT-LAW.com

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’

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OUT-LAW.com, 21st March 2017

Source: www.out-law.com

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Rendition: government evidence to be heard in secret in UK for first time – The Guardian

Posted March 24th, 2017 in closed material, news, rendition by sally

‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’

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The Guardian, 23rd March 2017

Source: www.guardian.co.uk

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Master validates party’s defective delivery of part 36 withdrawal because of new discount rate – Litigation Futures

Posted March 24th, 2017 in news, part 36 offers, personal injuries, service by sally

‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.

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Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com

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Taking the Queen’s Shilling: the implications for religious freedom of religions being registered as charities – Law & Religion UK

Posted March 24th, 2017 in charities, human rights, news by sally

‘There have been concerns recently about whether religions might have religious doctrines and practices challenged if they are registered as charities. This article looks at possible grounds to challenge the Charity Commission, including the common law principles of non-justiciability, charity law (the definition of religion and public benefit) and human rights.’

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Law & Religion UK, 21st March 2017

Source: www.lawandreligionuk.com

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Supreme Court hold law firm not liable for client’s commercial misjudgement – Legal Futures

Posted March 24th, 2017 in drafting, loans, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’

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Legal Futures, 23rd March 2017

Source: www.legalfutures.co.uk

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Mayfair window crush death: Kelvin Adsett guilty of manslaughter – BBC News

Posted March 24th, 2017 in health & safety, homicide, news by sally

‘A man has been convicted over the death of a woman who was crushed by window frames weighing more than half a tonne.’

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BBC News, 23rd March 2017

Source: www.bbc.co.uk

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Jeremy Bamber still waits for the evidence that might clear his name – The Guardian

Posted March 24th, 2017 in complaints, disclosure, evidence, news, police by sally

‘Thirty years on, Essex police continue to withhold crucial material related to one of Britain’s most infamous criminal cases.’

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The Guardian, 24th March 2017

Source: www.guardian.co.uk

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Supreme Court backs ‘straightforward’ interpretation of professional indemnity insurance terms – OUT-LAW.com

Posted March 23rd, 2017 in appeals, class actions, holidays, insurance, law firms, news, solicitors, Supreme Court by sally

‘The term ‘a series of related matters or transactions’ in a professional indemnity (PI) insurance policy merely requires some inter-connection between the matters or transactions, and not an ‘intrinsic’ relationship, the UK’s highest court has ruled.’

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OUT-LAW.com, 22nd March 2017

Source: www.out-law.com

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Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

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Ex-boyfriend guilty of teenager Shana Grice murder – BBC News

Posted March 23rd, 2017 in domestic violence, harassment, murder, news, stalking, women by sally

‘A man who stalked and killed his former girlfriend after she rejected him has been found guilty of her murder.’

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BBC News, 22nd March 2017

Source: www.bbc.co.uk

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Alexander Horne: Select Committee Powers of Enforcement – UK Constitutional Law Association

‘On 7 March 2017, the House of Commons Committee of Privileges announced a new inquiry into the exercise and enforcement of the powers of the House in relation to select committees and contempts of Parliament.’

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UK Constitutional Law Association, 23rd March 2017

Source: www.ukconstitutionallaw.org

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Plusnet fined £880,000 for charging more than 1,000 ex-customers – The Guardian

Posted March 23rd, 2017 in consumer protection, fines, internet, news, telecommunications by sally

‘Plusnet, the BT-owned broadband and landline company, has been fined almost £900,000 by Ofcom for continuing to charge more than 1,000 customers even though they had cancelled their accounts.’

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The Guardian, 22nd March 2017

Source: www.guardian.co.uk

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CMA offers £100,000 to cartel whistleblowers – OUT-LAW.com

Posted March 23rd, 2017 in advertising, anonymity, competition, news, whistleblowers by sally

‘The UK’s Competition and Markets Authority (CMA) has launched an advertising campaign targeting illegal cartels, offering anonymity and a reward of up to £100,000 for whistleblowers.’

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OUT-LAW.com, 22nd March 2017

Source: www.out-law.com

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Assisted suicide and the right to private life: the enduring repercussions of Nicklinson – UK Human Rights Blog

Posted March 23rd, 2017 in assisted suicide, human rights, news by sally

‘In the almost three years since the Supreme Court delivered its reasons in Nicklinson (in which a majority refused to issue a declaration that the blanket ban on assisted suicide in s 2(1) of the Suicide Act 1961 was incompatible with Article 8 of the European Convention on Human Rights (‘ECHR’)), similar questions of compatibility concerning analogous bans have been considered by courts in Canada, South Africa and New Zealand. Additionally, California and Colorado have introduced legislation permitting physician-assisted suicide (taking the total to six States in the US which permit physician-assisted suicide), France has introduced legislation enabling patients to request terminal sedation, and Germany’s Federal Administrative Court this month handed down judgment confirming that the right to self-determination encompasses a right of the ‘seriously and incurably ill’ to, in ‘exceptional circumstances’, access narcotics so as to suicide.’

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UK Human Rights Blog, 22nd March 2017

Source: www.ukhumanrightsblog.com

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Supreme Court backs insurer’s bid to cap liability for multiple claims against law firm – Legal Futures

‘The Supreme Court has sided with a leading professional indemnity insurer in interpreting the rules that govern the way insurers can aggregate multiple claims against solicitors.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

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