Canning v Network Rail: service of supplementary witness evidence post-Mitchell – Zenith PI Blog

Posted October 3rd, 2014 in news, service, time limits, witnesses by sally

‘The court in Canning v Network Rail [2014] EWHC 2104 (QB) treated an application to rely on supplementary witness evidence as an application for relief from sanctions. The Mitchell considerations therefore came into play.’

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Zenith PI Blog, 3rd October 2014

Source: www.zenithpi.wordpress.com

Council’s decision to close elderly care home not unlawful – UK Human Rights Blog

Posted October 3rd, 2014 in care homes, equality, human rights, judicial review, local government, news by sally

‘Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge) [2014] EWHC 3105 (Admin) (30 September 2014. In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.’

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UK Human Rights Blog, 2nd October 2014

Source: http://ukhumanrightsblog.com

Former pupillage head launches judicial review over non-judge Visitors – Legal Futures

Posted October 3rd, 2014 in inns of court, judicial review, news, pupillage by sally

‘Ben Conlon, former head of the pupillage committee at 3 Temple Gardens, has launched a judicial review arguing that the Visitors to the Inns of Court should made up only of High Court judges.’

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Legal Futures, 3rd October 2014

Source: www.legalfutures.co.uk

SRA fines firm £2,000 for £2.5m stamp duty avoidance schemes – Legal Futures

‘Leading Surrey firm Mundays has been fined £2,000 by the Solicitors Regulation Authority for using stamp duty land tax (SDLT) avoidance schemes which saved clients over £2.5m.’

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Legal Futures, 3rd October 2014

Source: www.legalfutures.co.uk

Tories ‘would curb human rights rulings’ from Europe – BBC News

Posted October 3rd, 2014 in human rights, news, parliament, political parties, veto by sally

‘Justice Secretary Chris Grayling said if the Tories won the election, a new Bill of Rights would give UK courts and Parliament the “final say”.’

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BBC news, 3rd Ocotber 2014

Source: www.bbc.co.uk

Gerry McCann attacks ‘disgraceful’ Sunday Times after £55k libel payout – The Guardian

Posted October 3rd, 2014 in compensation, defamation, media, missing persons, news by sally

‘Gerry McCann, the father of missing Madeleine, has accused the Sunday Times of behaving “disgracefully”, after winning a libel payout from the newspaper in a case he believes proves how little the industry has changed following the phone-hacking scandal. McCann and his wife Kate were handed £55,000 in libel damages from the Murdoch-owned paper over a front page story which alleged that the couple had deliberately hindered the search for their daughter, who went missing in Portugal seven years ago.’

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The Guardian, 2nd October 2014

Source: www.guardian.co.uk

Care home restraint seven times level previously thought – Daily Telegraph

‘At least seven times as many elderly and disabled people are being routinely restrained or locked up in care homes and hospitals as previously thought, new Government figures suggest. Councils have faced a surge in applications for legal clearance to deprive patients of their liberty following a landmark Supreme Court ruling earlier this year upholding the right of those deemed to lack mental capacity to the same basic freedoms as everyone else.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

Multi-millionaire mathematician faces an ‘astronomical’ £19m legal bill – Daily Telegraph

Posted October 3rd, 2014 in costs, divorce, hedge funds, news by sally

‘A multi-millionaire mathematician turned hedge fund boss faces an “astronomical” £19 million pound legal bill after losing the latest round of a bitter and costly court battle with his estranged wife.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

Five jailed in Sheffield teenager sex abuse and trafficking case – The Guardian

Posted October 3rd, 2014 in child abuse, news, sentencing, sexual grooming, trafficking in human beings by sally

‘Five men have been given jail sentences totalling more than 28 years after a 13-year-old girl who ran away from home was trafficked for sex while she was missing for more than a week, police said.’

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The Guardian, 2nd October 2014

Source: www.guardian.co.uk

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by sally

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Woman cleared of trying to kill her mother in Breaking Bad-style plot – The Guardian

Posted October 3rd, 2014 in attempted murder, attempts, families, murder, news, poisoning by sally

‘A woman has been cleared of attempting to kill her mother by poisoning her diet coke in a plot said to have been inspired by the cult American TV show Breaking Bad.’

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The Guardian, 2nd October 2014

Source: www.guardian.co.uk

Sun reporter Vince Soodin faces police payment retrial – BBC News

Posted October 3rd, 2014 in corruption, juries, media, news, police by sally

‘The jury in the trial of a Sun reporter accused of paying a police officer for a tip-off has been discharged after failing to reach a verdict.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Mentally ill patient dived off roof of Boston Pilgrim Hospital – BBC News

Posted October 3rd, 2014 in fines, health & safety, hospitals, mental health, news by sally

‘A mental health trust has been fined £20,000 after a patient dived off a hospital roof, leaving him paralysed from the chest down.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Steven Miles jailed for murder of girlfriend Elizabeth Thomas – BBC News

Posted October 2nd, 2014 in autism, murder, news, sentencing, young offenders by sally

‘A teenage boy obsessed with a TV serial killer has been jailed for at least 25 years for murdering and dismembering his 17-year-old girlfriend.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Ian Cram: Penalising the googling juror? – Reflections on the futility of Part 3 of the Criminal Justice and Courts Bill (2013-14) – UK Constitutional Law Association

Posted October 2nd, 2014 in bills, crime, internet, juries, news, wilful neglect by sally

‘The hotchpotch of measures that comprises the Criminal Justice and Courts Bill is about to reach Report Stage in the House of Lords. The Bill sets out a panoply of new and controversial measures to deal with dangerous offenders, young offenders, drugs-testing in prisons, wilful neglect or ill-treatment by care workers, reforms to criminal proceedings (including the use of cautions), the possession of extreme pornographic images, civil proceedings involving judicial review (B. Jaffey & T. Hickman), personal injury cases and challenges to planning decisions. The adequacy of this miscellaneous approach to law reform will doubtless come under the fuller scrutiny that it deserves elsewhere. This blog takes as its focus provisions in Part 3 of the Bill which seeks to put on a statutory footing offences connected with private research by jurors. I suggest that resort to the criminal law constitutes a clumsy, impractical and unnecessarily punitive attempt to regulate the extra-curial activities of the modern, online juror. It is incumbent on our lawmakers to explore more imaginative responses to the undoubted problem of jurors’ access to untested, internet materials – responses that might be more obviously premised upon an appreciation of jurors’ dutiful efforts to arrive at just verdicts.’

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UK Constitutional Law Association, 2nd October 2014

Source: www.ukconstitutionallaw.org/blog

Pro bono costs orders post-LASPO – Legal Voice

Posted October 2nd, 2014 in costs, news, pro bono work by sally

‘As the legal profession continues to adjust to the austerity-driven reality of life after LASPO, there has been considerable discussion of how to ensure effective access to justice for the people who fall through the ever-widening holes in the safety net of legal aid.’

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Legal Voice, 1st October 2014

Source: www.legalvoice.org.uk

Proprietary remedies, fiduciary bribes, and dishonest assistants: FHR and Novoship – Employment Law Blog

Posted October 2nd, 2014 in appeals, bribery, constructive trusts, fiduciary duty, news, Supreme Court by sally

‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’

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Employment Law Blog, 2nd Ocotber 2014

Source: www.employment11kbw.com

Fraud, bribery and money laundering offences guideline comes into effect – Sentencing Council

Posted October 2nd, 2014 in bribery, Crown Court, fraud, magistrates, money laundering, news, sentencing by sally

‘Following a period of training and implementation the definitive guideline on fraud, bribery and money laundering offences came into effect on 1 October 2014.’

Versions for the Crown Court and magistrates’ courts

Sentencing Council, 1st October 2014

Source: http://sentencingcouncil.judiciary.gov.uk

Academy loses High Court passing off action brought against private college – Local Government Lawyer

Posted October 2nd, 2014 in education, intellectual property, news, trade marks by sally

‘An academy school has lost an action for passing-off taken against a nearby private college.’

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Local Government Lawyer, 2nd October 2014

Source: www.localgovernment lawyer.co.uk

Jackson urges action to extend fixed costs regime – Litigation Futures

Posted October 2nd, 2014 in budgets, costs, judges, news, speeches by sally

‘Lord Justice Jackson has urged the government to press ahead with introducing fixed costs in non-personal injury fast-track cases, and for work to begin on fixed costs for matters at the lower end of the multi-track.’

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Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com