news – Page 1251 – Current Awareness

Supreme Court find local authority vicariously liable for abuse committed by foster carers – Family Law

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability by sally

‘In Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, the Supreme Court held Nottinghamshire County Council were vicariously liable for the physical, emotional and sexual abuse committed by foster parents to the appellant (Armes) during her time in foster care. The local authority can be held vicariously liable only in situations involving placements with foster carers. Zoe Fleetwood, solicitor and partner, and Hannah Duddridge, paralegal, from Dawson Cornwell, highlight that such vicarious liability does not extend to the local authority in situations involving child placements with family members.’

Family Law, 19th October 2017

Source: www.familylaw.co.uk

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Sherlock Holmes fraudster who used name of fictional detective is jailed – Daily Telegraph

Posted October 20th, 2017 in fraud, impersonation, news, sentencing by sally

‘As Sherlock Holmes once mused: “Crime is common. Logic is rare.”

Indeed, it seems fraudster Aaron Cowan was rather lacking in logic when he decided to pose as a police officer and use the name of a fictional detective from the famed Sir Arthur Conan Doyle series to commit his crimes.’

Daily Telegraph, 19th October 2017

Source: www.telegraph.co.uk

Figures show rise in divorce for opposite-sex couples – Family Law

Posted October 20th, 2017 in divorce, news, statistics by sally

‘The number of opposite-sex couples divorcing in England and Wales increased by 5.8% in 2016, according to the latest statistical bulletin released today by the Office for National Statistics (ONS).’

Family Law, 18th October 2017

Source: www.familylaw.co.uk

‘Absolutely unacceptable’: UK accused of failing to protect domestic workers – The Guardian

Posted October 20th, 2017 in employment, forced labour, news, trafficking in human beings, visas by sally

‘Campaigners have warned that thousands of foreign domestic workers remain enslaved behind the closed doors of some of Britain’s wealthiest neighbourhoods after the government failed to implement safeguards designed to protect them from abusive and exploitative employers.’

The Guardian, 19th October 2017

Source: www.theguardian.com

Ignore the procurement dispute timetable at your peril – Practical Law: Construction Blog

Posted October 19th, 2017 in civil procedure rules, construction industry, disclosure, news, public procurement, time limits by sally

‘The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later than the latest time for serving the claim form. That is, they must also be served within seven days after the date of issue.’

Practical Law: Construction Blog, 18th October 2017

Source: constructionblog.practicallaw.com

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by sally

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Struck-off solicitor wins right to sue for loans made before intervention – Legal Futures

Posted October 19th, 2017 in disqualification, law firms, loans, news, solicitors by sally

‘A sole practitioner who was struck off six years ago has won the right to sue for loans he made before his East London firm was closed by the Solicitors Regulation Authority (SRA).’

Legal Futures, 19th October 2017

Source: www.legalfutures.co.uk

Is it too late to change your mind if you decided against applying for a parental order when your child was born? – Family Law

Posted October 19th, 2017 in news, parental responsibility, parental rights, surrogacy, time limits by sally

‘In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.’

Family Law, 18th October 2017

Source: www.familylaw.co.uk

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

Posted October 19th, 2017 in appeals, Crown Prosecution Service, defamation, indecent photographs of children, legal language, news by sally

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Known Sperm Donor and Co-parenting Arrangements – a cautionary tale – Family Law Week

Posted October 19th, 2017 in agreements, assisted reproduction, children, families, news, parental rights by sally

‘Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.’

Family Law Week, 18th October 2017

Source: www.familylawweek.co.uk

Disgraceful conditions at Bedford prison fuelled riot, watchdog finds – The Guardian

Posted October 19th, 2017 in news, prisons, release on licence, reports, sentencing, violent disorder by sally

‘A riot at Bedford prison that led to two wings being “totally trashed” was fuelled by frustration over “disgraceful conditions” including a failure to provide basic items such as soap, cleaning materials and toilet paper, an official watchdog has concluded.’

The Guardian, 18th October 2017

Source: www.theguardian.com

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by sally

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk

Dragons’ Den-backed fake tan misled users, watchdog rules – BBC News

Posted October 19th, 2017 in advertising, media, misrepresentation, news by sally

‘A self-tanning product launched with the help of investment from the Dragons’ Den panel has been found to mislead customers. The Advertising Standards Authority (ASA) found claims by Skinny Tan that its product could “tone” or give “less visible cellulite” could not be proven. Claims that the product was 100% natural were also found to be misleading.’

BbC News, 18th October 2017

Source: www.bbc.co.uk

Health minister rejects calls for inquiry into vaginal mesh implants – The Guardian

Posted October 19th, 2017 in health, medical treatment, news, parliament, women by sally

‘Jackie Doyle-Price announces publication of new guidance but dismisses Labour demands to go further.’

The Guardian, 18th October 2017

Source: www.theguardian.com

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