Supreme Court: No dispensation for LiPs in complying with rules and orders – Litigation Futures

‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’

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Litigation Futures, 21st February 2018

Source: www.litigationfutures.com

Supreme Court: no indulgence for litigants in person – Family Law

‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’

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Family Law, 22nd February 2018

Source: www.familylaw.co.uk

Remembering the Right to be Forgotten – Panopticon

Posted February 22nd, 2018 in human rights, internet, news, privacy by sally

‘It all seems a long time ago that the CJEU handed down its judgment in Google Spain and inculcated the right to be forgotten doesn’t it? Commentators – including here and here – opined with varying degrees of wailing and gnashing of teeth about the implications of it, and how endless litigation was anticipated. But there hasn’t been all that much. The lion has been sleeping so far.’

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Panopticon, 21st February 2018

Source: panopticonblog.com

Alfie Evans: Appeal against ending life support – BBC News

Posted February 22nd, 2018 in appeals, children, medical treatment, news by sally

‘The family of a seriously ill boy is to appeal against a High Court ruling allowing doctors to switch off his life-support.’

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BBC News, 22nd February 2018

Source: www.bbc.co.uk

High Court orders manual document search in $65m damages claim after concerns over computer review – Litigation Futures

Posted February 22nd, 2018 in computer programs, disclosure, documents, news by sally

‘A High Court judge has ordered a manual search of 55,000 documents in a $65m breach of warranty case because of concerns over the claimants’ approach to computer-assisted review (CAR).’

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Litigation Futures, 22nd February 2018

Source: www.litigationfutures.com

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Solicitor who lied about property during own divorce is struck off – Legal Futures

Posted February 22nd, 2018 in disciplinary procedures, disqualification, divorce, news, solicitors, tribunals by sally

‘A partner in a South Yorkshire law firm who failed to disclose on the financial statement for his own divorce proceedings ownership of a second property has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 21st February 2018

Source: www.legalfutures.co.uk

Domestic abuse: Guidelines recommend tougher sentences – BBC News

Posted February 22nd, 2018 in domestic violence, news, sentencing by sally

‘People convicted of domestic abuse offences in England and Wales will be more likely to go to prison in future, under new sentencing guidelines.’

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BBC News, 22nd February 2018

Source: www.bbc.co.uk

Ruff justice: police want to set up dog DNA database – The Guardian

Posted February 22nd, 2018 in agricultural holdings, animals, DNA, dogs, news by sally

‘Police want to set up a database of dog DNA to help them catch animals responsible for attacks on livestock.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Court dismisses Nigerian claim against UK parent company – OUT-LAW.com

Posted February 21st, 2018 in environmental protection, negligence, news, subsidiary companies by sally

‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com

UK to allow ‘moving image’ trade marks – OUT-LAW.com

Posted February 21st, 2018 in news, trade marks by sally

‘Businesses will be able to register trade marks for moving images under changes proposed to UK law.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com

Harbour View, contractor insolvency and the importance of a guarantee expiry date – Practical Law: Construction Blog

Posted February 21st, 2018 in construction industry, guarantees, insolvency, news, time limits by sally

‘One of the interesting features of the recent decision of Coulson J in Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc is the effect on a guarantee of a contractor becoming insolvent many years after a construction project has been completed. In Ziggurat, the amended ABI model form of guarantee bond had not yet expired. This allowed the employer to make a claim under the guarantee arising out of the contractor’s insolvency, notwithstanding the fact that the contractor’s employment had already been terminated and the project had achieved practical completion.’

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Practical Law: Construction Blog, 21st February 2018

Source: constructionblog.practicallaw.com

The right to be forgotten before the Courts again – UK Human Rights Blog

Posted February 21st, 2018 in criminal records, data protection, human rights, internet, news, privacy by sally

‘NT 1 & Anor v Google LLC [2018] EWHC 261 (QB) (15 February 2018). This was a Pre Trial Review of an application by the claimants to have details about an old criminal conviction and other information removed from Google and associated websites under the “right to be forgotten”.’

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UK Human Rights Blog, 21st February 2018

Source: ukhumanrightsblog.com

Not so fast-track! Holding a standard misconduct hearing after a quashed fast-track decision – UK Police Law Blog

Posted February 21st, 2018 in appeals, misfeasance in public office, news, police, tribunals by sally

‘Where an officer is dismissed at a fast-track hearing, based upon a conviction which is then subsequently overturned, a Police Appeals Tribunal (“PAT”) will likely allow the misconduct appeal. In such circumstances, there has been no finding on the merits in misconduct proceedings to prevent the officer from facing a subsequent standard-track hearing. So said the Court of Appeal in CC Nottinghamshire v R (Gray) [2018] EWCA Civ 34.’

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UK Police Law Blog, 13th February 2018

Source: ukpolicelawblog.com

Resident wins judicial review challenge over decision on siting of radio masts – Local Government Lawyer

Posted February 21st, 2018 in judicial review, news, planning, telecommunications by sally

‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’

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Local Government Lawyer, 20th February 2018

Source: www.localgovernmentlawyer.co.uk

Barristers ‘more stressed’ than NHS staff – Law Society’s Gazette

Posted February 21st, 2018 in barristers, mental health, news by sally

‘Barristers are less happy in their working lives than staff in the National Health Service, with stress and a failure of chambers to help with pressures outside work among major concerns.’

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Law Society's Gazette, 19th February 2018

Source: www.lawgazette.co.uk

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

Child Contact Interventions – Family Law Week

Posted February 21st, 2018 in children, contact orders, news by sally

‘Adrian Barnett-Thoung-Holland, barrister of St Alban’s Chambers, explains the practicalities of a valuable resource for children lawyers.’

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Family Law Week, 15th February 2018

Source: www.familylawweek.co.uk

MPs publish full unredacted report into RBS small business scandal – The Guardian

Posted February 21st, 2018 in banking, financial regulation, news, Supreme Court by sally

‘The Treasury committee has published the full unredacted report into Royal Bank of Scotland’s “disgraceful” treatment of struggling small businesses that came to it for financial assistance in the wake of the banking crisis.’

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The Guardian, 20th February 2018

Source: www.theguardian.com

John Worboys’ victims win human rights case against police – The Guardian

Posted February 21st, 2018 in compensation, human rights, news, parole, police, rape, Supreme Court, victims by sally

‘Two victims of John Worboys have won their claim for compensation from the Metropolitan police after the supreme court ruled that the force had failed to carry out an effective investigation into the serial sex attacker.’

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The Guardian, 21st February 2018

Source: www.theguardian.com