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.’

Full story

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.’

Full story

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).”‘

Full story

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.’

Full story

Litigation Futures,

Source: www.litigationfutures.com

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

‘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.’

Full story

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.’

Full story

BBC News, 1st May 2017

Source: www.bbc.co.uk

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

‘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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Local Government Lawyer, 27th April 2017

Source: www.localgovernmentlawyer.co.uk

Criminal Finances Bill receives Royal Assent – Home Office

‘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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

Marine A: Sergeant Alexander Blackman to be released from prison on Friday – The Independent

‘A Royal Marine who was sentenced to life in prison for killing a wounded Taliban fighter in Afghanistan, will be released from prison on Friday, according to the group set up to campaign for his release.’

Full story

The Independent, 27th April 2017

Source: www.independent.co.uk

Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017

Source: www.iclr.co.uk