Discovery assessments: the Court of Appeal in Tooth – OUT-LAW.com

Posted June 24th, 2019 in appeals, documents, HM Revenue & Customs, news, tax evasion, taxation, time limits by tracey

‘The Court of Appeal decided in the Tooth case that finding a different reason for under assessment or a different mechanism for assessing an insufficiency of tax HMRC already knew about was not enough to enable HMRC to issue a discovery assessment.’

Full Story

OUT-LAW.com, 21st June 2019

Source: www.pinsentmasons.com

Security for costs sanction for party that ignored CMC deadline – Litigation Futures

‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’

Full Story

Litigation Futures, 21st June 2019

Source: www.litigationfutures.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

Full Story

Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

Child spies used by police at risk of severe harm, high court told – The Guardian

Posted June 12th, 2019 in children, human rights, judicial review, news, police, time limits by tracey

‘Children recruited to spy on drug dealers, gangs, terrorists and paedophiles have fewer safeguards when handled by investigators than those arrested for minor offences such as shoplifting, the high court has heard.’

Full Story

The Guardian, 11th June 2019

Source: www.theguardian.com

‘No man’s land’: thousands of suspects left in limbo – Law Society’s Gazette

Posted June 11th, 2019 in bail, news, solicitors, time limits by tracey

‘Thousands of people have been left in “legal limbo” as a result of government reforms to pre-charge bail, which is affecting their mental health, family life and employment status, criminal defence solicitors have said.’

Full Story

Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

NDAs: MPs call for ban on ‘gagging clauses’ over ‘cover-up’ fears – BBC News

‘MPs have called for a ban on “gagging clauses” used by employers to silence allegations of unlawful discrimination and harassment.’

Full Story

BBC News, 11th June 2019

Source: www.bbc.co.uk

Suspects left in legal limbo by delays to inquiries, say solicitors – The Guardian

‘Suspects are increasingly being left in legal limbo as they are subjected to inquiries lasting years that sometimes end with the case being dropped, a survey of criminal solicitors has revealed.’

Full Story

The Guardian, 10th June 2019

Source: www.theguardian.com

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

Full Story

Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk

Munby’s concerns prompt fresh guidance on special guardians – Law Society’s Gazette

‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’

Courts and Tribunals Judiciary press release

Full Story

Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

Police ordered to use bail to protect victims after suspected rapists and murderers freed – The Independent

‘Police officers have been told to use bail conditions to protect the public after new rules saw thousands of suspected sex attackers and violent criminals released without any restrictions. The National Police Chiefs’ Council (NPCC) has released guidance to all officers and staff emphasising that pre-charge bail is a “legitimate tool” in the wake of government changes in 2017.’

Full Story

The Independent, 27th May 2019

Source: www.independent.co.uk

Law firm “sacked staff member by WhatsApp”, tribunal finds – Legal Futures

‘A small law firm sacked its administrator by sending him a brief WhatsApp message – and then backdated his P45 to support an argument that he was actually fired earlier and so his claim was out of time, an employment tribunal has found.’

Full Story

Legal Futures, 22nd May 2019

Source: www.legalfutures.co.uk

Mordaunt hints at amnesty for historical actions by UK soldiers – The Guardian

Posted May 10th, 2019 in armed forces, bills, news, Northern Ireland, time limits by sally

‘The new defence secretary, Penny Mordaunt, declared that army veterans should not be “pursued unfairly for events that took place decades ago” hinting that she favoured an amnesty for British soldiers from historical prosecutions.’

Full Story

The Guardian, 9th May 2019

Source: www.theguardian.com

Home Office abandons six-month target for asylum claim decisions – The Guardian

‘The Home Office is scrapping its target of processing most asylum claims within six months, the Guardian has learned. Human rights lawyers expressed alarm at the news, saying the number of vulnerable asylum seekers facing delays in having their claims processed could become even worse than its current level.’

Full Story

The Guardian, 7th May 2019

Source: www.theguardian.com

Extension of Time – Local Government Law

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

Full Story

Local Government Law, 2nd May

Source: local-government-law.11kbw.com

Why are rape prosecutions falling? – BBC News

‘Recorded rape offences have been rising in England and Wales, but the proportion of offences making it to court has fallen significantly over the past few years.’

Full Story

BBC News, 29th April 2019

Source: www.bbc.co.uk

Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’

Full Story

Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer

‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’

Full Story

Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

High court suspends Home Office policy limiting support for slavery victims – The Guardian

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

Full Story

The Guardian, 17th April 2019

Source: www.theguardian.com

Late payer granted costs relief as judge calls for ‘sense of perspective’ – Law Society’s Gazette

Posted April 11th, 2019 in appeals, costs, news, sanctions, time limits by sally

‘A Court of Appeal judge has granted relief from sanctions for a litigant who was 17 hours late satisfying a court order.’

Full Story

Law Society's Gazette, 9th April 2019

Source: www.lawgazette.co.uk

Home Office limit on support for slavery victims may be unlawful, court rules – The Guardian

‘A high court judge has ruled that Home Office policy to cut off all statutory support to people six weeks after they have been formally identified as victims of slavery is potentially unlawful, ordering that assistance must immediately be extended.’

Full Story

The Guardian, 29th March 2019

Source: www.theguardian.com