Category: news

Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers

Posted November 8th, 2023 in chambers articles, civil procedure rules, costs, news, probate by sally

‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’

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Wilberforce Chambers, 30th October 2023

Source: www.wilberforce.co.uk

Rebecca Kalam: Officer ‘vindicated’ after sex discrimination win – BBC News

Posted November 8th, 2023 in bullying, damages, employment, employment tribunals, equality, harassment, news, police, sex discrimination by sally

‘A firearms officer awarded £30,000 after she was stripped down to her underwear during a training exercise said she felt “vindicated” by the decision.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

Afghan former interpreter with British army resettles in UK after legal battle – The Guardian

Posted November 8th, 2023 in Afghanistan, armed forces, asylum, government departments, immigration, judicial review, news, visas by sally

‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

‘Clear evidence of cheating’: BSB decides not to lift suspension of online exams – Law Society’s Gazette

Posted November 7th, 2023 in barristers, deceit, examinations, internet, legal education, news by sally

‘Aspiring barristers will have to stick to pen and paper for written exams following a decision by the bar regulator not to lift a suspension of online assessments after receiving ‘clear evidence of cheating’.’

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Law Society's Gazette, 7th November 2023

Source: www.lawgazette.co.uk

Drunk father jailed for manslaughter of disabled son in motorway crash – The Independent

Posted November 7th, 2023 in alcohol abuse, causing death of children or vulnerable adults, children, disabled persons, families, homicide, imprisonment, news, sentencing by sally

‘A father whose disabled 12-year-old son was killed while trying to run across the M62 has been sentenced to 10 years in prison.’

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The Independent, 6th November 2023

Source: www.independent.co.uk

Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association

Posted November 7th, 2023 in constitutional law, government departments, human rights, judiciary, news by sally

‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’

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UK Constitutional Law Association, 7th November 2023

Source: ukconstitutionallaw.org

Wiltshire Police criticised over Clare’s Law failings – BBC News

Posted November 7th, 2023 in disclosure, domestic violence, news, pilot schemes, police, statistics, victims by sally

‘Former Justice Secretary Sir Robert Buckland said he was “horrified and furious” over failings in a system designed to protect possible victims of domestic violence.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Indi Gregory: Critically ill baby granted Italian citizenship – BBC News

Posted November 7th, 2023 in children, citizenship, doctors, families, Italy, medical treatment, news by sally

‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by sally

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by sally

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

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Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

Posted November 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, licensing, local government, news by sally

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by sally

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls: Justice in the Digital Age – Courts and Tribunals Judiciary

Posted November 6th, 2023 in artificial intelligence, computer programs, courts, internet, judges, news by sally

‘Justice in the Digital Age – Speech on the 150th Anniversary of the Technology and Construction Court.’

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Courts and Tribunals Judiciary, 3rd November 2023

Source: www.judiciary.uk

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by sally

‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’

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Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

‘Somerset Gimp’ banned from gimping for five years – The Independent

Posted November 6th, 2023 in harassment, news, public order, sentencing, sexual offences by sally

‘A self-employed gardener has been banned for five years from dressing in an all-black gimp suit in public at night and “crawling, wriggling or writhing on the ground” after police linked him to 25 incidents committed by the so-called “Somerset Gimp”.’

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The Independent, 4th November 2023

Source: www.independent.co.uk

Priory Group charged with criminal offences over death of patient – The Guardian

Posted November 6th, 2023 in bereavement, causing death of children or vulnerable adults, families, hospitals, mental health, news, ombudsmen, police by sally

‘The Priory healthcare group has been charged with two criminal offences over the death of a 23-year-old man who was hit by a train after absconding from a mental health hospital.’

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The Guardian, 6th November 2023

Source: www.theguardian.com

Cheshire Police employee who tipped off criminal friend is jailed – BBC News

Posted November 6th, 2023 in abuse of position of trust, corruption, imprisonment, misfeasance in public office, news, perverting the course of justice, police, professional conduct, sentencing by sally

‘A police employee who tipped off a criminal friend about a covert investigation has been jailed.’

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BBC News, 4th November 2023

Source: www.bbc.co.uk

NHS pay: Health staff win Covid bonus after legal action threat – BBC News

Posted November 6th, 2023 in coronavirus, doctors, hospitals, news, nurses, remuneration by sally

‘The government has agreed to fund a one-off bonus for health workers who missed out previously because they worked for non-NHS organisations. A payment of at least £1,655 was agreed as part of the NHS pay deal in England this year, to recognise the pressure of the Covid pandemic on staff. But the BBC recently reported thousands of outsourced staff did not qualify and employers had launched legal action.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

UK autonomous vehicles law announcement anticipated – OUT-LAW.com

Posted November 3rd, 2023 in artificial intelligence, Law Commission, news, road safety, transport by sally

‘Future demand for autonomous vehicles will be significantly influenced by the extent to which legislators can simultaneously promote innovation and flexibility while addressing safety concerns in the rules they write, an expert has said.’

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OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com