news – Page 1344 – Current Awareness

Illegal counterfactuals: the Court of Appeal shuts the back door – Competition Bulletin from Blackstone Chambers

Posted May 2nd, 2017 in appeals, competition, consumer credit, news by sally

‘Suppose a defendant to a competition claim runs a defence that, in the counterfactual world in which no anticompetitive conduct occurred, pricing would have been no different; and that the claimant replies, “maybe so, but only because you were at the same time operating some independent anti-competitive scheme, which must also be purged from the counter-factual”. Can the claimant amend his claim to plead the independent anti-competitive scheme raised in his Reply as the basis for a new substantive claim even where it would ordinarily be time-barred?’

Competition Bulletin from Blackstone Chambers, 28th April 2017

Source: www.competitionbulletin.com

Private patients to miss out on compensation from God complex breast surgeon as Spire and union refuse to cover costs – Daily Telegraph

Posted May 2nd, 2017 in compensation, doctors, health, hospitals, insurance, medical treatment, news, victims by sally

‘Hundreds of private patients of Ian Paterson, the rogue breast surgeon facing jail for mutilating women, may be denied compensation due to a legal loophole.

Daily Telegraph, 29th April 2017

Source: www.telegraph.co.uk

Debt-ridden courier’s suicide after bailiff visit prompts call for reforms – The Guardian

Posted May 2nd, 2017 in bailiffs, debts, inquests, news, suicide by sally

‘A debt-ridden young man took his own life shortly after bailiffs clamped the motorcycle that was essential to his work as a courier, an inquest has heard, in a case that has prompted calls for reform of the debt-collection industry.’

The Guardian, 30th April 2017

Source: www.guardian.co.uk

ABS targets continued expansion as ‘second cities’ strategy and non-legal services see turnover rocket – Legal Futures

Posted May 2nd, 2017 in alternative business structures, law firms, news by sally

‘Fast-growing alternative business structure Knights Professional Services is on the look-out for its next acquisition and ‘second city’ location – as well as more non-legal services – after unveiling an increase of more than 60% in turnover over the past year to £33.5m.’

Legal Futures, 2nd May 2017

Source: www.legalfutures.co.uk

Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis – UK Constitutional Law Association

Posted May 2nd, 2017 in constitutional law, news, parliament, treaties by sally

‘The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court:

“If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own polity is secure. If the executive must always seek the sanction of Parliament in the event that a proposed action on the international plane will require domestic implementation, parliamentary sovereignty is reinforced at the very point at which the legislative power is engaged (para 5.20).”‘

UK Constitutional Law Association, 28th April 2017

Source: www.ukconstitutionallaw.org

Top judge struggling to stem woman’s efforts to unseal Princess Margaret’s will – Litigation Futures

Posted May 2nd, 2017 in disclosure, judges, news, royal family, striking out, wills by sally

‘There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.’

Litigation Futures,

Source: www.litigationfutures.com

Police and courts fail cyclists over road safety, says cross-party inquiry – The Guardian

Posted May 2nd, 2017 in bicycles, criminal justice, dangerous driving, disqualification, inquiries, news, parliament, police, road safety, road traffic by sally

‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’

The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Social media giants ‘shamefully far’ from tackling illegal content – BBC News

Posted May 2nd, 2017 in child abuse, internet, news, pornography, reports, select committees, terrorism by sally

‘Social media firms are “shamefully far” from tackling illegal and dangerous content, says a parliamentary report.’

BBC News, 1st May 2017

Source: www.bbc.co.uk

Call for inquiry over ‘unbroken pattern’ of deaths at prison – The Guardian

Posted May 2nd, 2017 in corporate manslaughter, death in custody, inquests, inquiries, news, prisons, suicide by sally

‘The prison service is facing calls for a corporate manslaughter investigation after a litany of failures at one Milton Keynes site resulted in an “unbroken pattern of deaths”, with 18 inmates taking their own lives in four years.’

The Guardian, 2nd May 2017

Source: www.guardian.co.uk

The Tribunal unleashed – Nearly Legal

Posted April 28th, 2017 in appeals, benefits, housing, human rights, news, regulations by sally

‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’

Nearly Legal, 27th April 2017

Source: www.nearlylegal.co.uk/blog/

Health and safety sentencing ‘still hit and miss’, says expert, as Whirlpool fined £700,000 – OUT-LAW.com

Posted April 28th, 2017 in fines, health & safety, news, sentencing by sally

‘The substantial fine recently imposed by a court against domestic appliances manufacturer Whirlpool UK Appliances Ltd (Whirlpool) illustrates “how hit and miss” the sentencing of health and safety offences can still be, an expert has said.’

OUT-LAW.com, 28th April 2017

Source: www.out-law.com

Rachel Jones: Increasing Judicial Diversity – A Constitutional Imperative? – UK Constitutional Law Association

Posted April 28th, 2017 in diversity, judiciary, news by sally

‘Tuesday marked the launch of JUSTICE’s Working Party report, Increasing judicial diversity. The Lord Chief Justice, Lord Thomas, spoke at the event, alongside Chair of the Working Party and leading public law barrister Nathalie Lieven QC. She urged those present to take up the report’s vision, and outlined recommendations for systemic, long-term change. Attendees included policy-makers, practitioners and members of the senior judiciary.

This post offers some brief reasons to support the report’s key contention: the current lack of gender, ethnic and social diversity in our highest courts is indeed a serious constitutional issue. With this in mind, the article then turns to consider some of the report’s key recommendations.’

UK Constitutional Law Association, 27th April 2017

Source: www.ukconstitutionallaw.org

Munby lambasts council over “profoundly concerning” adoption case – Local Government Lawyer

Posted April 28th, 2017 in adoption, judges, local government, news by sally

‘The president of the Family Division, Sir James Munby, has made scathing criticisms of Brighton & Hove City Council’s conduct in a complex adoption case.’

Local Government Lawyer, 27th April 2017

Source: www.localgovernmentlawyer.co.uk

Criminal Finances Bill receives Royal Assent – Home Office

Posted April 28th, 2017 in bills, corruption, money laundering, news, press releases, proceeds of crime, tax evasion, terrorism by sally

‘The Criminal Finances Act 2017 will give law enforcement agencies and partners, further capabilities and powers to recover the proceeds of crime, tackle money laundering, tax evasion and corruption, and combat the financing of terrorism.’

Full press release

Home Office, 27th April 2017

Source: www.gov.uk/home-office

Should I proceed in Dubai or UK for divorce? – Family Law Week

Posted April 28th, 2017 in choice of forum, divorce, news by sally

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’

Family Law Week, 27th April 2017

Source: www.familylawweek.co.uk

Hate crime soared in run-up to EU referendum, new figures show – The Independent

Posted April 28th, 2017 in brexit, EC law, hate crime, news, referendums, statistics by sally

‘Hate crime reports in England and Wales soared in the months leading up to last year’s EU referendum, new figures have revealed.’

The Independent, 27th April 2017

Source: www.independent.co.uk

Antiques Roadshow expert died after hospital ‘neglect’ – BBC News

Posted April 28th, 2017 in hospitals, inquests, mental health, news, restraint by sally

‘Neglect and gross failure by hospital staff to quickly attempt resuscitation contributed to the death of an Antiques Roadshow expert, an inquest has ruled.’

BBC News, 27th April 2017

Source: www.bbc.co.uk

Elizabeth Hart-Browne cleared of murdering boyfriend – BBC News

Posted April 28th, 2017 in domestic violence, murder, news by sally

‘A woman accused of stabbing her boyfriend with a kitchen knife has been cleared of his murder after telling jurors she feared he would kill her.’

BBC News, 27th April 2017

Source: www.bbc.co.uk

Government loses bid to suppress pollution plan that could drop ‘controversial bomb’ on election – The Independent

Posted April 28th, 2017 in delay, elections, environmental protection, government departments, news by sally

‘The Government has lost a High Court bid to delay publication of an air pollution plan – described as a “controversial bomb” by its own lawyer – until after the General Election.’

The Independent, 27th April 2017

Source: www.independent.co.uk

Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph

Posted April 28th, 2017 in burials and cremation, ecclesiastical law, local government, news by sally

‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’

Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

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