Paedophile who had 3,000 abuse images jailed for two years – The Guardian
‘A man who shared sexual abuse images of children as young as eight months has been jailed for two years.’
The Guardian, 20th October 2017
Source: www.theguardian.com
Category: news
Websites allowing illegal activity ‘complicit in crime’ – BBC News
‘Websites that do not prevent the sale of illegal goods are complicit in cyber-crime, a crime chief has said.’
BBC News, 23rd October 2017
Source: www.bbc.co.uk
Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog
‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’
UK Human Rights Blog, 23rd October 2017
Source: ukhumanrightsblog.com
Family court data links adverse family experiences with proven youth offending – Family Law
‘Children in contact with the public law system are more likely to offend and commit multiple offences between the ages of 10 and 17 than those of the equivalent age group in the general population, according to an analytical summary published by the Ministry of Justice this week.’
Family Law, 20th October 2017
Source: www.familylaw.co.uk
GDPR: scope of rules on profiling not confined to solely automated processing, data watchdog says – OUT-LAW.com
‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
Ex-Lancashire Police officer Jayson Lobo jailed for voyeurism – BBC News
‘An ex-police officer who secretly filmed sexual encounters with seven women on his mobile phone has been jailed for three years.’
BBC News, 20th October 2017
Source: www.bbc.co.uk
Videolinks in court trials undermine justice system, says report – The Guardian
‘Video-conferencing threatens defendants’ rights and undermines trust in the justice system, according to a report on the government’s drive towards so-called “trial by Skype”.’
The Guardian, 23rd October 2017
Source: www.theguardian.com
Valuing pension rights on divorce – Family Law
‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’
Family Law, 20th October 2017
Source: www.familylaw.co.uk
Child gambling: remove ‘unacceptable’ online ads, regulators demand – The Guardian
‘Regulators have launched a crackdown on child gambling by demanding online gambling sites remove “unacceptable” adverts featuring cartoon characters likely to appeal to children.’
The Guardian, 22nd October 2017
Source: www.theguardian.com
Chudley v Clydesdale: identifying the body – Hardwicke Chambers
‘A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.’
Hardwicke Chambers, 20th October 2017
Source: www.hardwicke.co.uk
Signature of St Albans (Property) Guernsey Ltd v Wragg [2017] EWHC 2352 (Ch) – Tanfield Chambers
‘The Court determined that restrictive covenants created by two conveyances dating back to 1910 continued to affect the Claimant’s property and were in principle enforceable by injunction by any or all of the Defendants against the Claimant.’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers
‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’
Zenith Chambers, 13th October 2017
Source: www.zenithchambers.co.uk
Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers
‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
David Partington discusses: Time Share Mis Selling – An Introduction to Alternative Strategies – Park Square Barristers
‘The standard, if unimaginative, attack on a timeshare contract is an action in breach of contract and claiming or claiming and damages under section 2(1) of the Misrepresentation Act 1967. This is a perfectly logical and valid start, but as I have written before, and will write again, the classic action in misrepresentation is a very cumbersome and formalistic cause of action. It is a construction rooted in Victorian values, and the axiom caveat emptor (buyer beware) is part of its legal DNA. No doubt it worked very well where gentlemen in stove pipe hats were buying and selling new parts for their latest foundry; it also works well when you have purchased a company after a comprehensive due diligence process and there are written representation and accounts to pore over. It is much more difficult to deploy in the modern world where “consumers” (not a concept with which the Victorians would have been comfortable) are being subject to what may loosely but accurately be called “high pressure selling techniques” which employ a mixture of half-truths and psychological exploitation.’
Park Square Barristers, 18th October 2017
Source: www.parksquarebarristers.co.uk
GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers
‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’
Hardwicke Chambers, 6th October 2017
Source: www.hardwicke.co.uk
Chris Ferguson discusses; Proportionality and Integrity – Park Square Barristers
‘Not long ago I represented a pair of maternal grandparents in a case in Teesside. They had been closely involved with the family over a period of years, although the mother of the two girls at the heart of the case had moved away (not far) during recent times. The mother had various problems and the father barely featured in the proceedings. A few years back the grandparents had actually taken the older girl under their wing for a while (prior to the birth of her sister) and the girls’ older brother was living with them full time under a court order.’
Park Square Barristers, 6th October 2017
Source: www.parksquarebarristers.co.uk
Lea v Ward [2017] EWHC 2231 (Ch) – Tanfield Chambers
‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
Planning for Infrastructure in Wales – No. 5 Chambers
‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’
No. 5 Chambers, 18th October 2017
Source: www.no5.com
Lack of secure accommodation – “blood on our hands”? – Zenith Chambers
‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’
Zenith Chambers, 18th October 2017
Source: www.zenithchambers.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Christopher Badger and William Upton consider penalties incurred by United Utilities for drinking water contamination, the publication of the Government’s Clean Growth Strategy, and Defra’s annual report on air quality.’
Six Pump Court, 16th October 2017
Source: www.6pumpcourt.co.uk
