news – Page 1525 – Current Awareness

Got needs that need assessing – Nearly Legal

Posted May 31st, 2016 in homelessness, housing, local government, news, trafficking in human beings by sally

‘Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin). What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than the Local Authority handing over a leaflet and/or list of letting agents. But this judicial review, unusually, involves a consideration of fulfilment of the duty.’

Nearly Legal, 29th May 2016

Source: www.nearlylegal.co.uk

Rule committee “sympathetic” with PIBA complaints about solicitors using unregistered barristers in court – Litigation Futures

Posted May 31st, 2016 in advocacy, barristers, civil procedure rules, legal representation, news, personal injuries by sally

‘The government has been asked to look at changing the Civil Procedure Rules to prevent solicitors from employing unregistered barristers as agents to represent clients in court.’

Litigation Futures, 27th May 2016

Source: www.litigationfutures.com

Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by sally

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

Law Society’s Gazette, 27th May 2016

Source: www.lawgazette.co.uk

Court rules on QOCS protection in appeals – Law Society’s Gazette

Posted May 31st, 2016 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Costs protection will apply to first appeals in personal injury proceedings, the High Court has ruled in a judgment intended to clear up an area of confusion.’

Law Society’s Gazette, 30th May 2016

Source: www.lawgazette.co.uk

Ex-Army Major, 90, died after falling from trolley when hospital staff failed to secure sides – Daily Telegraph

Posted May 31st, 2016 in fines, health & safety, hospitals, news by sally

‘A retired Army Major died after falling from a hospital trolley as NHS staff wheeled him for a routine hip X-Ray, a judge had been told.’

Daily Telegraph, 29th May 2016

Source: www.telegraph.co.uk

Probe into UK occupational pension schemes – BBC News

Posted May 31st, 2016 in inquiries, news, parliament, pensions, select committees by sally

‘An inquiry is to be launched into the UK’s 6,000 occupational pension schemes after question marks about the future of the BHS and British Steel schemes.’

BBC News, 30th May 2016

Source: www.bbc.co.uk

Ken Clarke: Change rules on ‘public danger’ prisoners – BBC News

Posted May 31st, 2016 in dangerous offenders, news, parole, prisons, probation, rehabilitation, sentencing by sally

‘Former justice secretary Ken Clarke says parole boards should have more power to free criminals jailed because they were a danger to the public. He told BBC Radio 4’s Today programme it was “absurd” to keep prisoners in jail beyond their original terms.’

BBC News, 30th May 2016

Source: www.bbc.co.uk

Jailed for false retraction, rape victim to challenge reduced compensation – The Guardian

Posted May 31st, 2016 in compensation, news, penalties, perverting the course of justice, rape, victims by sally

‘A woman who was jailed for falsely retracting a true allegation of rape is to challenge the compensation awarded to her by a tribunal.’

The Guardian, 30th May 2016

Source: www.guardian.co.uk

Elliott Johnson: Inquest opens into death of ‘bullied’ Tory activist found on rail tracks – The Independent

Posted May 31st, 2016 in bullying, inquests, news, political parties, suicide by sally

‘A coroner will today start taking evidence into the death of a young Tory activist who is believed to have taken his life after being bullied while campaigning for the party.’

The Independent, 31st May 2016

Source: www.independent.co.uk

Ched Evans faces new rape trial in October – Daily Telegraph

Posted May 27th, 2016 in news, rape, retrials by sally

‘Footballer Ched Evans will go on trial to face an allegation of rape later this year.’

Daily Telegraph, 27th May 2016

Source: www.telegraph.co.uk

Driver Andrew Nay jailed for paralysing sisters in road rage crash – BBC News

Posted May 27th, 2016 in dangerous driving, news, sentencing by sally

‘A driving instructor who left two young sisters paralysed after a road rage crash in Northamptonshire has been jailed for four-and-a-half years.’

BBC News, 27th May 2016

Source: www.bbc.co.uk

Supreme Court to hear key case on liability of councils for foster care abuse – Local Government Lawyer

Posted May 27th, 2016 in appeals, child abuse, fostering, news, sexual offences, Supreme Court by sally

‘The Supreme Court has agreed to hear a key case on the liability of councils for foster care abuse, it has emerged.’

Local Government Lawyer, 27th may 2016

Source: www.localgovernmentlawyer.co.uk

Chief Inspector highly critical of Home Office internal review process – Free Movement

Posted May 27th, 2016 in appeals, immigration, news by sally

‘The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Inspector of Borders and Immigration, David Bolt, has just published a report into how well this process is working. He finds “significant room for improvement.”’

Free Movement, 26th May 2016

Source: www.freemovement.org.uk

High Court strikes down unfair decision in DFT of vulnerable victim of torture – Free Movement

Posted May 27th, 2016 in asylum, damages, detention, false imprisonment, news, torture by sally

‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’

Free Movement, 25th May 2016

Source: www.freemovement.org.uk

Should “turning a blind eye” to allegations of child abuse be made illegal? – Halsbury’s Law Exchange

Posted May 27th, 2016 in child abuse, news, notification by sally

‘According to the NSPCC’s 2015 report, How safe are our children? over 30,000 cases of child sexual abuse are now recorded annually in the UK. Perhaps this growing number can be attributed, in part, to people being more confident in speaking up and raising concerns, especially in an era of post-Yewtree Operation revelations.’

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

Reading the Riot Act: the future of riot damage compensation – Halsbury’s Law Exchange

Posted May 27th, 2016 in compensation, criminal damage, news, violent disorder by sally

‘“If you carry on doing that I’ll read you the Riot Act!” So might a hapless parent or teacher plead to their unruly charges. But the real Riot Act 1714 (removed only in 1973 by the Statute Law (Repeals) Act of that year) meant business. For, if more than 12 people “unlawfully, riotously, and tumultuously assembled together”, it allowed a justice of the peace (or other specified local official) to command the assembly to disperse and within an hour “peaceably to depart to their habitations or to their lawful business”. If not they were liable to “suffer death” as felons.’

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com

Posted May 27th, 2016 in case management, disclosure, electronic filing, news by sally

‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’

OUT-LAW.com, 25th May 2016

Source: www.out-law.com

Spitalfields Trust Ltd lose judicial review claim – OUT-LAW.com

Posted May 27th, 2016 in judicial review, local government, London, news, planning by sally

‘The High Court has rejected Spitalfields Historic Trust Ltd’s judicial review claim against a planning permission decision by previous London mayor Boris Johnson.’

OUT-LAW.com, 26th May 2016

Source: www.out-law.com

QOCS protection extends to appeals, High Court rules – Litigation Futures

Posted May 27th, 2016 in appeals, costs, news by sally

‘Qualified one-way costs shifting (QOCS) applies not only to trials but to appeals, the High Court has ruled.’

Litigation Futures, 26th May 2016

Source: www.litigationfutures.com

Government eyes stronger powers to discipline solicitors as part of insurance fraud crackdown – Legal Futures

Posted May 27th, 2016 in fraud, insurance, news, solicitors by sally

‘The government yesterday accepted recommendations for stronger fining powers for the Solicitors Regulation Authority (SRA), a lower burden of proof before the Solicitors Disciplinary Tribunal (SDT), and the need to introduce further measures to discourage ‘late’ personal injury claims, in the next stage of its crackdown on fraudulent behaviour.’

Legal Futures, 27th May 2016

Source: www.legalfutures.co.uk

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