Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a ‘Part 36 offer letter’. In that letter, the defendant offered to pay the claimant’s costs ‘in accordance with Part 36 rule 13’, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Jailed man fails in bid to blame lawyers for dropping conviction appeal – Legal Futures

Posted October 26th, 2021 in appeals, families, imprisonment, loss of time directions, murder, news, sentencing by sally

‘The Court of Appeal has rejected an attempt by a man found guilty of soliciting the murder of his partner to blame his lawyers for abandoning his appeal against conviction.’

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Legal Futures, 26th October 2021

Source: www.legalfutures.co.uk

David Davis vows to lead rebellion against judicial review changes – The Guardian

‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer

‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Birmingham man tried to kill baby with poisoned milk bottle – BBC News

Posted October 26th, 2021 in attempted murder, children, imprisonment, news, sentencing by sally

‘A man who tried to kill a newborn baby by giving her prescription drugs in a milk bottle has been jailed.’

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BBC News, 25th October 2021

Source: www.bbc.co.uk

Significant Rise In Anti-LGBTQ+ Hate Crime Since 2015 – Each Other

‘In 2014-15, there were 6,363 reports of hate crimes based on sexual orientation. Comparatively, in 2020-21, there were 19,679 reports. For 2014-15, 598 transphobic hate crimes were reported but in 2020-21, 2,588 were reported.’

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Each Other, 25th October 2021

Source: eachother.org.uk

Police sexual misconduct: ‘No place’ for officers who abuse authority – BBC News

‘Police officers and staff who abuse their position for a sexual purpose have “no place in policing and will be found out”, a watchdog has warned.’

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BBC News, 26th October 2021

Source: www.bbc.co.uk

Motorola faces competition inquiry over UK emergency services network – The Guardian

‘The UK’s competition regulator is investigating Motorola over concerns that it has “cashed in” on its monopoly over mobile networks for the UK emergency services.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

Do Employers Discriminate Against People Without Degrees? – Each Other

Posted October 25th, 2021 in education, employment, equality, human rights, news, statistics, universities by tracey

‘In 1999, then Prime Minister Tony Blair pledged that by 2010 half of all under-30s should go on to university, with the aim, in part, of bettering their chances of securing rewarding and well-paid jobs. The target was first met in 2017/2018 and now nearly 60% of sixth form leavers progress on to a degree course. However, in the age of the pandemic, is university really the best route into employment from both a practical and human rights perspective?’

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Each Other, 22nd October 2021

Source: eachother.org.uk

Payment notices: what genuine belief is needed to make a payment notice valid? – Practical Law: Construction Blog

Posted October 25th, 2021 in construction industry, cross-claims, dispute resolution, news by tracey

‘The genuine article? Does a valid payment notice need to set out the sum the payer genuinely considers due? The requirement that a valid payment notice must set out “the sum the payer considers due” is often at the centre of payment disputes. The recent decision in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd, provides a necessary clarification around what this actually means, confirming that a valid payment notice must set out the sum the payer genuinely considers due.’

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Practical Law: Construction Blog, 20th October 2021

Source: constructionblog.practicallaw.com

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021

Source: ukhumanrightsblog.com

Terrorism offences sentencing guidelines to be revised following legislation – Sentencing Council

Posted October 25th, 2021 in codes of practice, consultations, news, sentencing, terrorism by tracey

‘Plans to revise four sentencing guidelines for terrorism offences in England and Wales to reflect changes brought in by the Counter-Terrorism and Sentencing Act 2021, were published for consultation today by the Sentencing Council.’

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Sentencing Council, 20th October 2021

Source: www.sentencingcouncil.org.uk

Mineral rights: mudstone in mid-Wales – Local Government Lawyer

Posted October 25th, 2021 in appeals, interpretation, local government, miners, news, Wales by tracey

‘Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Menopausal symptoms and disability – Local Government Lawyer

‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

City giant to face trial over alleged conflicts of interest – Legal Futures

Posted October 25th, 2021 in banking, conflict of interest, fraud, law firms, news, professional conduct by tracey

‘City giant Hogan Lovells only achieved partial success in a bid for summary judgment over complaints that it had multiple conflicts of interest while acting for a Ukrainian tycoon.’

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Legal Futures, 25th October 2021

Source: www.legalfutures.co.uk

UK’s strict gun laws strengthened with new medical arrangements – Home Office

Posted October 25th, 2021 in codes of practice, firearms, government departments, news, offensive weapons by tracey

‘New statutory guidance will tighten up existing laws on gun ownership and mean that medical information must be provided in order to obtain a licence.’

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Home Office, 20th October 2021

Source: www.gov.uk

Research briefing: Regulation of fireworks – House of Commons Library

Posted October 25th, 2021 in explosives, news, parliament by tracey

‘There are strict rules in place in the UK regulating the sale, possession and use of fireworks. This Commons briefing paper provides an overview of the current legislative provisions regulating the supply and use of fireworks in England & Wales and (in the main) Scotland.’

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House of Commons Library, 19th October 2021

Source: commonslibrary.parliament.uk

Research briefing: Police powers: an introduction – House of Commons Library

Posted October 25th, 2021 in crime prevention, criminal justice, investigatory powers, news, parliament, police by tracey

‘This commons library briefing paper introduces a series on police powers.’

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House of Commons Library, 21st October 2021

Source: commonslibrary.parliament.uk