Judge reminds councils of importance of following guidance on working with parents with learning disability – Local Government Lawyer

‘A Family Court judge has said it is “imperative” that local authorities follow guidance on working with parents with a learning disability, and expressed “serious reservations” as to whether a borough council did so in a case concerning the welfare of three children.’

Full Story

Local Government Lawyer, 8th May 2019

Source: www.localgovernmentlawyer.co.uk

Part 36 offer that included unpleaded counterclaim ruled valid – Litigation Futures

‘A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 7th May 2019

Source: www.litigationfutures.com

Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London – Courts and Tribunals Judiciary

Posted May 8th, 2019 in brexit, judges, jurisdiction, London, speeches by sally

‘Speech by Chancellor of the High Court: The effect of Brexit on Financial Services Disputes in London.’

Full speech

Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List – Courts and Tribunals Judiciary

‘Speech by The Rt Hon Sir Nicholas Hamblen: Litigating financial disputes in London and the Financial List.’

Full speech

Courts and Tribunals Judiciary, 7th May 2019

Source: www.judiciary.uk

BSB seeking views on pupillage recruitment and advertising timetable – Bar Standards Board

Posted May 8th, 2019 in advertising, barristers, press releases, pupillage by sally

‘The Bar Standards Board (BSB) is writing to key stakeholders to ask whether it should be made mandatory for Chambers and other Authorised Education and Training Organisations (AETOs) providing the pupillage / work-based learning component of Bar training to bring their recruitment timetable into line with the Pupillage Gateway. Currently, the gateway timetable is between November and May. All pupillages must currently be advertised on the Gateway but the BSB believes that obliging all those offering pupillage to recruit to the same timetable would make recruitment fairer for all candidates.’

Full press release

Bar Standards Board, 7th may 2019

Source: www.barstandardsboard.org.uk

Assisted suicide: Paul Lamb renews bid for right to die – BBC News

‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’

Full Story

BBC News, 7th May 2019

Source: www.bbc.co.uk

Flight attendant turned up for work more than four times over alcohol limit – The Independent

Posted May 8th, 2019 in airlines, alcohol abuse, disciplinary procedures, fines, news by sally

‘A flight attendant has been fined after reporting for duty while more than four times over the alcohol limit.’

Full Story

The Independent, 7th May 2019

Source: www.independent.co.uk

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

It felt like Fatal Attraction, says wife stalked by her hedge fund boss husband’s mistress – Daily Telegraph

Posted May 8th, 2019 in families, harassment, internet, news, sentencing, stalking by sally

‘It was the chilling 1987 blockbuster about a spurned lover who wreaks revenge on a married man by launching a terrifying stalking campaign against him and his family. But when the wife of a hedge fund manager discovered her husband was having an affair – and his jilted mistress began viciously harassing her online – she said it felt like she had walked onto the set of Fatal Attraction.’

Full Story

Daily Telegraph, 7th May 2019

Source: www.telegraph.co.uk

Police officer sacked for punching suspect is reinstated – BBC News

‘A police sergeant dismissed for repeatedly punching a suspect in the head while he was detained in custody has been reinstated.’

Full Story

BBC News, 8th May 2019

Source: www.bbc.co.uk

Falklands veteran ‘forced out over sexuality’ plans to sue MoD – BBC News

‘A Falklands veteran forced out of the Royal Navy over his sexuality plans to sue for the return of military honours.’

Full Story

BBC News, 8th May 2019

Source: www.bbc.co.uk

Grenfell families call for major changes to inquiry set-up – The Guardian

Posted May 8th, 2019 in accidents, bereavement, families, fire, inquiries, news, victims by sally

‘Families have called on the public inquiry into the Grenfell fire which killed 72 people to make major changes to its procedures, amid mounting concerns that their voices are not being heard.’

Full Story

The Guardian, 8th May 2019

Source: www.theguardian.com

Inquiry announces new investigation into child protection in religious organisations and settings – Independent Inquiry into Child Sexual Abuse

‘The Independent Inquiry into Child Sexual Abuse has announced a new investigation into child protection in religious organisations and settings. The investigation will be thematic and will review the current child protection policies, practices and procedures in religious institutions in England and Wales.’

Full press release

Independent Inquiry into Child Sexual Abuse, 2nd May 2019

Source: www.iicsa.org.uk

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by sally

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

Full Story

Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Deposits – Better to give than to receive – Nearly Legal

Posted May 7th, 2019 in appeals, deposits, housing, landlord & tenant, news, repossession by sally

‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’

Full Story

Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

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

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

Full Story

UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 7th, 2019 in legislation by sally

The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 7th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 (03 May 2019)

High Court (Administrative Court)

Andrews, R (On the Application Of) v Minister for the Cabinet Office [2019] EWHC 1126 (Admin) (03 May 2019)

TP AR & SXC, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 1127 (Admin) (03 May 2019)

High Court (Commercial Court)

K v A [2019] EWHC 1118 (Comm) (03 May 2019)

High Court (Patents Court)

Allergan, Inc & Anor v Aspire Pharma Ltd [2019] EWHC 1085 (Pat) (03 May 2019)

High Court (Queen’s Bench Division)

Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor [2019] EWHC 1104 (QB) (03 May 2019)

Source: www.bailii.org

New prison anti-corruption taskforce unveiled – Ministry of Justice

‘A specialist taskforce to tackle staff corruption in jails has been announced by Justice Secretary David Gauke today (4 May 2019).’

Full press release

Ministry of Justice, 4th May 2019

Source: www.gov.uk/government/organisations/ministry-of-justice