Misogyny hate crime in Nottinghamshire gives ‘shocking’ results – BBC News

Posted July 9th, 2018 in hate crime, news, women by sally

‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian

Posted July 9th, 2018 in assisted reproduction, consumer protection, fees, news by sally

‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’

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The Guardian, 9th July 2018

Source: www.theguardian.com

Stephen Lawrence killer David Norris to get damages – BBC News

Posted July 6th, 2018 in assault, compensation, Ministry of Justice, news, personal injuries, prisons by sally

‘One of Stephen Lawrence’s killers has settled a claim with the Ministry of Justice after he was attacked in prison. David Norris suffered a broken nose and ribs at HMP Belmarsh in 2011 where he was being held on remand ahead of his trial for murder. He sued for damages, reported to be £10,000, after the assault.’

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BBC News, 6th July 2018

Source: www.bbc.co.uk

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 6th, 2018 in choice of forum, jurisdiction, news, Supreme Court by sally

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

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OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

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Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by sally

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

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Local Government Law, 4th July 2018

Source: local-government-law.11kbw.com

Drink driver escapes jail for fourth time after blaming abortion and dyslexia – Daily Telegraph

Posted July 6th, 2018 in drunk in charge, news, sentencing, suspended sentences by sally

‘A drink driver escaped jail despite four convictions in three years after she blamed her behaviour on an abortion and a dyslexia diagnosis.’

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Daily Telegraph, 5th July 2018

Source: www.telegraph.co.uk

Family left woman to die in ‘disgusting’ house – BBC News

Posted July 6th, 2018 in families, news, sentencing, suspended sentences, wilful neglect by sally

‘A woman who was supposed to be cared for by her daughter and ex-husband was left to die in “disgusting conditions”, a court heard.’

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BBC News, 5th July 2018

Source: www.bbc.co.uk

Inquest jury condemns Surrey police over death of man placed in spit hood – The Guardian

Posted July 6th, 2018 in death in custody, inquests, news, police, restraint by sally

‘A jury has found that Surrey police seriously failed in its duty of care to a 33-year-old labourer who was handcuffed, placed in leg restraints and had a spit hood placed over his head in the hours before he died.’

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The Guardian, 5th July 2018

Source: www.theguardian.com

Back pay worth £1.44m owed to thousands of UK workers, official figures show – The Guardian

Posted July 6th, 2018 in fines, minimum wage, news, repayment by sally

‘About 22,400 UK workers were owed back pay worth £1.44m as a result of the underpayments – a record number of people found by HM Revenue & Customs to have fallen victim to illegally low pay.’

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The Guardian, 6th July 2018

Source: www.theguardian.com

City worker caught on CCTV dragging teenager into alley to rape her, jailed for eight years – The Independent

Posted July 6th, 2018 in news, rape, sentencing by sally

‘A married city worker who carried an 18-year-old woman into a dark alleyway where he raped and sexually assaulted her multiple times, has been jailed for eight years.’

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The Independent, 6th July 2018

Source: www.independent.co.uk

Appeal right essential where employee dismissed over right to work – OUT-LAW.com

Posted July 5th, 2018 in appeals, dismissal, employment, employment tribunals, immigration, news by sally

‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 4th July 2018

Source: www.out-law.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by sally

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

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OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Losing out on loss of bargain when terminating in reliance upon contractual rights – Practical Law: Construction Blog

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’

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Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by sally

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by sally

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

We got it wrong: MoJ admits overcharging for court fees – Law Society’s Gazette

Posted July 5th, 2018 in courts, fees, Ministry of Justice, news by sally

‘The Ministry of Justice has admitted overcharging for a string of different court fees – with the lost income from reducing the fees set to cost around £9m a year. The announcement follows the Gazette’s revelation that some personal injury claimants had been overcharged by more than £100 for starting proceedings in the High Court and County Court since 2016.’

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Law Society's Gazette, 4th July 2018

Source: www.lawgazette.co.uk

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Gaia Pope: Police watchdog launches new probe over handling of rape allegation two years before teenager’s death – The Independent

Posted July 5th, 2018 in complaints, mental health, news, police, rape, suicide, victims, young persons by sally

‘Police who failed to act on an allegation of rape made by Gaia Pope two years before her tragic death are under investigation in a fresh probe.’

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The Independent, 5th July 2018

Source: www.independent.co.uk

Home Office separating scores of children from parents as part of immigration detention regime – The Independent

Posted July 5th, 2018 in children, detention, families, immigration, mental health, news by sally

‘The Home Office is separating scores of children from their parents as part of its immigration detention regime – in some cases forcing them into care in breach of government policy.’

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The Independent, 4th July 2018

Source: www.independent.co.uk