Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Undercover police whistleblower joins boycott of inquiry – The Guardian

Posted May 10th, 2018 in inquiries, investigatory powers, news, police, whistleblowers by sally

‘A former undercover police officer who has become a whistleblower has joined a boycott of a public inquiry into the covert infiltration of political groups, saying it was concealing the state’s misconduct.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Gun crime: How do weapons appear on England’s streets? – BBC News

Posted May 10th, 2018 in crime, firearms, licensing, news by sally

‘Over the bank holiday weekend, a spate of shootings across England hit the headlines. They add to a picture of rising gun crime, after more than a decade of big decreases.’

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BBC News, 10th May 2018

Source: www.bbc.co.uk

Miscarriage of justice victims are cast aside in the UK. The details are shocking – The Guardian

Posted May 10th, 2018 in appeals, compensation, miscarriage of justice, news, Supreme Court, victims by sally

‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Ministry of Justice “a little frustrated” by legal aid strike as CBA recommends ‘no returns’ policy – Legal Futures

‘David Gauke, the justice secretary and Lord Chancellor, has admitted that the Ministry of Justice (MoJ) is feeling “a little frustrated” by the direct action taken by criminal law barristers over legal aid fees.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Man who attacked his children with hammer has jail term increased – The Guardian

Posted May 10th, 2018 in appeals, assault, child abuse, news, sentencing by sally

‘A man who attacked his four children with a hammer and drove them into a wall at 92mph has had his sentence increased from 14 to 24 years by appeal court judges.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Call to investigate barriers to ABSs moving into other professional services – Legal Futures

‘The Solicitors Regulation Authority (SRA) should investigate whether there are regulatory barriers to law firms that become alternative business structures (ABSs) providing other professional services such as accountancy and surveying, rather than vice versa, a report it commissioned has recommended.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Reading Snapchat row stabbing: Girl, 15, jailed – BBC News

Posted May 10th, 2018 in news, offensive weapons, sentencing, young offenders by sally

‘A 15-year-old who stabbed two other girls during a fight publicised on Snapchat has been jailed.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk

Family seek to replace ‘sarcastic’ coroner after autistic daughter died – The Guardian

Posted May 10th, 2018 in autism, care homes, coroners, inquests, news by sally

‘A family have begun judicial review proceedings to replace a “combative and sarcastic” coroner they say is blocking a full inquest into how their autistic daughter died while in the care of an NHS-funded private care home.’

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The Guardian, 10th May 2018

Source: www.theguardian.com

Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com

Posted May 9th, 2018 in age discrimination, compensation, dismissal, news, taxation by sally

‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’

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OUT-LAW.com, 4th May 2018

Source: www.out-law.com

Pair were shadow directors but didn’t breach duties, says court – OUT-LAW.com

Posted May 9th, 2018 in company directors, fiduciary duty, news by sally

‘Two men were found to be shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court has ruled.’

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OUT-LAW.com, 8th May 2018

Source: www.out-law.com

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

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UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

Courts revolution may be ‘undeliverable’, spending watchdog warns – Law Society’s Gazette

Posted May 9th, 2018 in budgets, courts, electronic filing, news by sally

‘Spending watchdogs have warned courts chiefs of a real danger that they will fail to complete their digital courts revolution in time and on budget. In a comprehensive progress report published today, the National Audit Office says HM Courts & Tribunals Services faces a “daunting challenge” in meeting target for technological and cultural change.’

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Law Society's Gazette, 9th May 2018

Source: www.lawgazette.co.uk

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by sally

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

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Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer

Posted May 9th, 2018 in informations, news, service by sally

‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’

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Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by sally

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

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Legal Futures, 9th May 2018

Source: www.legalfutures.co.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by sally

‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’

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Law Society's Gazette, 8th May 2018

Source: www.lawgazette.co.uk

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

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Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Kent and Medway NHS Trust rapped over mental health care – BBC News

Posted May 9th, 2018 in hospitals, mental health, news, reports, suicide by sally

‘A health trust which apologised for its treatment of a suicidal woman has been ordered to take action to protect patients it says are still at risk.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk

Care homes firm Sunrise to refund ‘up-front fees’ to residents – BBC News

Posted May 9th, 2018 in care homes, compensation, fees, news by sally

‘Care homes operator Sunrise Senior Living will pay more than £2m in compensation to residents after charging them thousands of pounds in compulsory “up-front fees”. The Competition and Markets Authority (CMA) secured the deal for most people who had paid since 1 October 2015.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk