Victims of rape and violence being left in dark about attackers’ whereabouts by authorities – The Independent

Posted May 23rd, 2019 in news, notification, probation, rape, sexual offences, statistics, victims, violence by tracey

‘Victims of rape and violence are being “let down” and left in the dark about their attackers’ whereabouts, a report has found. The service provided by the National Probation Service (NPS) was “poor”, HM Inspectorate of Probation said in the wake of criticism over “black cab rapist” John Worboys case.’

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The Independent, 22nd May 2019

Source: www.independent.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Schools and NHS could be held accountable over youth crime – BBC News

‘Teachers, NHS workers and police officers could be held accountable for failing to spot violent crime among young people under government plans announced on Monday.’

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BBC News, 1st April 2019

Source: www.bbc.co.uk

Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run – UK Constitutional Law Association

Posted March 26th, 2019 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be that the UK would be leaving the EU on the basis of a legal howler.’

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UK Constitutional Law Association, 26th March 2019

Source: ukconstitutionallaw.org

Towards clarity on reporting obligations – Law Society’s Gazette

‘Last month the Solicitors Regulation Authority published its response to its ‘Reporting Concerns’ consultation, launched last year. You could be forgiven for missing the fanfare but this was big news in the world of law firm and lawyer regulation.’

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Law Society's Gazette, 11th March 2019

Source: www.lawgazette.co.uk

What Happens When A Solicitor Provides The Client With No Guidance As To Costs? – 39 Essex Chambers

Posted March 13th, 2019 in costs, foreign jurisdictions, murder, news, notification, solicitors by sally

‘You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. The client’s son denied any involvement.’

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39 Essex Chambers, 25th February 2019

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Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Parental responsibility: is a rapist father still a father? – Family Law

Posted February 26th, 2019 in care orders, news, notification, parental responsibility, parental rights, rape by tracey

‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’

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Family Law, 26th February 2019

Source: www.familylaw.co.uk

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

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OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

Supreme Court to rule next week in case on rates and service of completion notice – Local Government Lawyer

Posted December 12th, 2018 in news, notification, rates, service, Supreme Court by sally

‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

Taxpayers have no right to attend hearing to approve HMRC information notices – OUT-LAW.com

‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’

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OUT-LAW.com, 12th December 2018

Source: www.out-law.com

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

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OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

CJC bids to strengthen appeal of ADR short of compulsion – Litigation Futures

Posted December 6th, 2018 in Civil Justice Council, dispute resolution, news, notification by sally

‘The Civil Justice Council (CJC) has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution (ADR).’

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Litigation Futures, 5th December 2018

Source: www.litigationfutures.com

Doctors and teachers could face criminal charges for failing to report forced marriage – The Independent

Posted November 16th, 2018 in consultations, doctors, forced marriages, news, notification, prosecutions, teachers by tracey

‘Doctors, nurses and teachers could face criminal charges for failing to report forced marriage cases under plans being considered by the government. Ministers are weighing up the possibility of introducing a mandatory reporting duty to boost efforts to tackle the “hidden crime”. A Home Office consultation paper published this week seeks views on whether such a measure should be introduced, and if so, who it should apply to.’

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The Independent, 16th November 2018

Source: www.independent.co.uk

High Court: administrator appointment can be simultaneous with court notice – OUT-LAW.com

Posted November 12th, 2018 in administrators, insolvency, news, notification, time limits by tracey

‘The High Court in England has confirmed that the industry standard wording used in the notice of appointment does not invalidate the appointment of the administrators. The same practice had previously been called into question in a case involving NJM Clothing.’

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OUT-LAW.com, 12th November 2018

Source: www.out-law.com