Slight fall in number of sentences revised up in 2017 after complaints – The Guardian

Posted August 6th, 2018 in appeals, attorney general, news, sentencing, statistics by sally

‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’

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The Guardian, 6th August 2018

Source: www.theguardian.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 3rd, 2018 in defamation, media, news by sally

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.’

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OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

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UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

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UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by sally

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by sally

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by sally

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Inquest negligence claim against Leigh Day thrown out – Legal Futures

Posted August 3rd, 2018 in inquests, law firms, negligence, news by sally

‘A claim that well-known law firm Leigh Day was negligent in its representation of the family of the deceased at an inquest has been dismissed by the High Court.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by sally

‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’

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Family Law, 2nd August 2018

Source: www.familylaw.co.uk

NHS mortuaries so lax families are at ‘significant risk’ of burying the wrong bodies, watchdog finds – Daily Telegraph

Posted August 3rd, 2018 in burials and cremation, hospitals, news by sally

‘Hospital mortuaries are storing the dead in filthy fridges and employing such lax checks that families are at “significant risk” of burying the wrong bodies, inspections show. An investigation reveals a 20-fold rise in major failings found by watchdogs in just one year.’

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Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Roofer fined £300 for carrying sandwich wrappers and crisp packets in his van – Daily Telegraph

Posted August 3rd, 2018 in licensing, news, penalties, waste by sally

‘A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van.
Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle.’

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Daily Telegraph, 2nd August 2018

Source: www.telegraph.co.uk

Former HSBC banker wins appeal against extradition to US – The Guardian

Posted August 3rd, 2018 in appeals, banking, extradition, fraud, news by sally

‘HSBC’s former head of currency trading has won a last-ditch battle to block his extradition to the US, where he faces 11 charges of foreign exchange rigging which each carry a maximum 30-year prison sentence.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Adopt inquisitorial criminal justice system in UK, charity urges – The Guardian

Posted August 3rd, 2018 in criminal justice, legal aid, news, reports by sally

‘Toynbee Hall says it favours continental-style system because adversarial process is expensive and inefficient.’

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The Guardian, 2nd August 2018

Source: www.theguardian.com

Man who threw baby out of window in Luton jailed – BBC News

‘A man who threw a seven-month-old baby and its mother out of a window has been jailed for life.’

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BBC News, 2nd August 2018

Source: www.bbc.co.uk

Matthew Scully-Hicks: Social services chief apologises for mistakes leading to toddler being murdered by adoptive father – The Independent

Posted August 3rd, 2018 in adoption, child abuse, doctors, murder, news, social services by sally

‘A social services chief has apologised for mistakes in the care of a baby girl who was murdered by her father two weeks after he adopted her. A review has found that both social services workers and a doctor missed opportunities to spot anything abnormal when Elsie Scully-Hicks suffered a catalogue of injuries in the months before she died.’

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The Independent, 2nd August 2018

Source: www.independent.co.uk

Ecclesiastical court judgments – July 2018 – Law & Religion UK

Posted August 2nd, 2018 in burials and cremation, ecclesiastical law, historic buildings, news by sally

‘Review of the ecclesiastical court judgments during July 2018.’

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Law & Religion UK, 30th July 2018

Source: www.lawandreligionuk.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 2nd, 2018 in defamation, media, news by sally

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.

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OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, damages, negligence, news, surveyors by sally

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by sally

‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com