news – Page 1224 – Current Awareness

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by sally

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

Family Law, 13th April 2018

Source: www.familylaw.co.uk

Google must delete links in ‘right to be forgotten’ case – Law Society’s Gazette

Posted April 16th, 2018 in data protection, internet, news by sally

‘Search engine giant Google has been ordered to remove links to articles about the historic criminal convictions of a businessman in the first “right to be forgotten” case to be decided in England and Wales. Ruling in NT 1 and NT 2 v Google LLC today, Mr Justice Warby reached opposite conclusions about the two claimants, identified as NT 1 and NT 2, based on the nature of the criminal convictions and the extent to which publication of information related to the claimant’s private life.’

Law Society's Gazette, 13th April 2018

Source: www.lawgazette.co.uk

Finance and Divorce Update, April 2018 – Family Law Week

Posted April 16th, 2018 in anonymity, constructive trusts, contempt of court, divorce, expert witnesses, financial provision, jurisdiction, news by sally

‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’

Family Law Week, 15th April 2018

Source: www.familylawweek.co.uk

Britain’s first WhatsApp fingerprint conviction leads to flood of new cases – Daily Telegraph

Posted April 16th, 2018 in news by sally

‘Britain’s first WhatsApp fingerprint conviction has led to a flood of new cases, police have revealed, after a criminal was caught using a photograph of his hand holding drugs.
South Wales police used pioneering techniques to enhance a photograph of three fingers holding ecstasy tablets, which was found on a mobile phone after an arrest linked to a drug dealing investigation in Bridgend.’

Daily Telegraph, 15th April 2018

Source: www.telegraph.co.uk

Sean Rigg custody death: Met directed to begin hearings – BBC News

Posted April 16th, 2018 in death in custody, misfeasance in public office, news, police, restraint by sally

‘The police watchdog has directed the Met Police to begin gross misconduct hearings against five officers over the custody death of a mentally ill man. Sean Rigg, who had schizophrenia, died from cardiac arrest at Brixton police station in August 2008 after being restrained by officers. The Independent Office for Police Conduct (IOPC) said officers should face hearings over their actions.’

BBC News, 13th April 2018

Source: www.bbc.co.uk

Midwife Jane Greaves sacked after lack of toilet breaks gave her kidney infection wins job back – The Independent

Posted April 16th, 2018 in midwives, news, sick leave, unfair dismissal by sally

‘A midwife who was sacked for taking too many sick days after she fell ill because of a lack of toilets at work has won an employment tribunal.’

The Independent, 14th April 2018

Source: www.independent.co.uk

MPs urge May to resolve immigration status of Windrush children – The Guardian

Posted April 16th, 2018 in citizenship, colonies, immigration, news by sally

‘More than 140 MPs from all parties have signed a letter to Theresa May, expressing concern about the many Commonwealth-born, long-term British residents who have been incorrectly identified as illegal immigrants and calling on her to find a “swift resolution of this growing crisis”.’

The Guardian, 16th April 2018

Source: www.theguardian.com

Sri Lankan wins lawsuit against NHS as midwives fail to explain why she needed to feed her son due to language barrier – Daily Telegraph

Posted April 16th, 2018 in birth, hospitals, interpreters, news, personal injuries by sally

‘A Sri Lankan refugee who could not speak English has won a legal battle against the NHS after her child was brain damaged after hospital staff did not explain the importance of feeding a newborn.’

Daily Telegraph, 13th April 2018

Source: www.telegraph.co.uk

Government ‘failing to act on serious concerns about NHS data sharing’ raised by doctors – The Independent

Posted April 16th, 2018 in data protection, immigration, medical records, news by sally

‘The government has been accused of failing to act on “serious concerns” raised by doctors and MPs about an NHS policy that sees patient details shared with immigration authorities.’

The Independent, 15th April 2018

Source: www.independent.co.uk

Nursery owner Claire Symons employed criminal partner – BBC News

Posted April 13th, 2018 in children, criminal records, news, vetting, wilful neglect by sally

‘A nursery owner employed her partner who had a criminal record for battery and theft, as well as a previous caution for wilful neglect. Claire Symons was given notice her registration is to be cancelled earlier this month after an Ofsted safeguarding investigation.’

BBC News, 13th April 2018

Source: www.bbc.co.uk

An unplanned surprise: Implied planning obligations – Clin v Walter Lilly – Practical Law: Construction Blog

Posted April 13th, 2018 in construction industry, contracts, news, planning by sally

‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’

Practical Law: Construction Blog, 11th April 2018

Source: constructionblog.practicallaw.com

A costly slice of the cake? Litigation funders and security for costs – 4 New Square

Posted April 13th, 2018 in costs, news, third parties by sally

‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’

4 New Square, 19th March 2018

Source: www.4newsquare.com

High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures

Posted April 13th, 2018 in arbitration, costs, enforcement, news by sally

‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’

Litigation Futures, 12th April 2018

Source: www.litigationfutures.com

A day in the life of a judicial assistant: Joel Semakula – Courts and Tribunals Judiciary

Posted April 13th, 2018 in case management, judiciary, news by sally

‘It is difficult to describe a typical day as a judicial assistant (“JA”) because my days here have been incredibly varied. Each judicial assistant is assigned to work with one Lord or Lady Justice. This is a reflective of a day I had recently and I refer to the judge to whom I am assigned as “my judge”.’

Courts and Tribunals Judiciary, 12th April 2018

Source: www.judiciary.gov.uk

Personal Injury and the tort of deceit – Zenith Chambers

Posted April 13th, 2018 in damages, deceit, news, personal injuries, road traffic by sally

‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘

Zenith Chambers, 27th March 2018

Source: www.zenithchambers.co.uk

Family mounts legal challenge to Northamptonshire library cuts – The Guardian

Posted April 13th, 2018 in budgets, families, judicial review, libraries, local government, news by sally

‘Northamptonshire county council is facing a series of legal challenges over plans to close 21 libraries, after a young resident applied for a judicial review of a decision campaigners say will have a “devastating impact” on families.’

The Guardian, 12th April 2018

Source: www.theguardian.com

‘Serious flaws’ in UK immigration system, Law Society warns – BBC News

Posted April 13th, 2018 in appeals, immigration, news by sally

‘Bad immigration decisions are having a “devastating” effect on families and businesses and undermining the rule of law, solicitors have warned. Nearly half of decisions that go to appeal in England and Wales are overturned, suggesting the system is “serious flawed”, the Law Society said.’

BBC News, 12th April 2018

Source: www.bbc.co.uk

Riaz v Ashwood – 4 New Square

Posted April 13th, 2018 in costs, damages, fees, news, solicitors by sally

‘Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA.’

4 New Square, 28th March 2018

Source: www.4newsquare.com

Activists bring case at appeal court over UK arms sales to Saudis – The Guardian

Posted April 13th, 2018 in appeals, export controls, international trade, news, Saudi Arabia, war crimes, weapons by sally

‘Human rights campaigners have begun an attempt to overturn a high court judgment that allows the British government to continue to export arms to Saudi Arabia for use in Yemen.
The Campaign Against Arms Trade brought the case against Liam Fox, the international trade secretary, seeking permission to appeal against a decision last July that granting licences for the export of arms from the UK to Saudi Arabia was not unlawful. CAAT has warned that British weapons could be used to kill or injure Yemeni civilians.’

The Guardian, 12th April 2018

Source: www.theguardian.com

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