What is ‘substantial injustice’ for the purposes of a criminal case review? – UK Human Rights Blog

‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Letters to art experts not covered by litigation privilege – Litigation Futures

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

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Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by sally

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Some 125 barristers earned more than £1m last year – Legal Futures

Posted November 27th, 2018 in barristers, budgets, consultations, fees, licensing, news, remuneration, statistics by sally

‘There were around 125 barristers reporting fees of more than £1m last year, and another 200 who brought in more than £500,000, new figures from the Bar Council have suggested.
The Bar Council, including the Bar Standards Board, is set to raise an extra £900,000 by imposing higher practising certificate fees (PCFs) on barristers earning more than £500,000 for the first time.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

NHS to look into deaths of 100,000 mental health patients a year – The Guardian

‘The NHS is to start investigating the deaths of more than 100,0000 mental health patients a year in a drive to cut the number of fatalities linked to poor care.’

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The Guardian, 27th November 2018

Source: www.theguardian.com

Bin lorry driver jailed for schoolgirl’s death – The Guardian

‘A bin lorry driver who killed a 14-year-old girl after pulling on to a treacherous main road without looking and hitting a school minibus has been jailed.’

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The Guardian, 26th November 2018

Source: www.theguardian.com

Jailed rapist offered the chance to see his victim’s child – Daily Telegraph

‘A council offered a jailed sex offender the chance to play a part in the future of the child of a woman he raped, it has emerged. The rapist, who was part of a grooming gang in the North of the country and has no parental responsibility for his son, was contacted by the local authority to give him a chance to see the boy, a Times investigation has uncovered.’

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Daily Telegraph, 27th November 2018

Source: www.telegraph.co.uk

Police ‘picking up pieces of mental health system’, says watchdog – The Guardian

Posted November 27th, 2018 in budgets, mental health, news, ombudsmen, police, statistics by sally

‘Overstretched police forces are having to “pick up the pieces of a broken mental health system” on top of tackling crime, the emergency services watchdog has found. More than half of all mental health patients who need help in a place of safety are taken there in a police car rather than an ambulance, according to Her Majesty’s Inspectorate of Constabulary, Fire and Rescue Services.’

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The Guardian, 27th November 2018

Source: www.theguardian.com

Uber fined after hackers download 2.7 million customers’ data – The Independent

Posted November 27th, 2018 in computer crime, data protection, disclosure, fines, news, privacy, taxis by sally

‘Uber has been fined £385,000 for failing to protect customers’ information during a cyber attack, in a “serious breach” of UK data protection law. The Information Commissioners Office (ICO) found Uber was guilty of “a series of avoidable data security flaws” that allowed the personal details of around 2.7million UK customers to be accessed and downloaded by attackers.’

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The Independent, 27th November 2018

Source: www.independent.co.uk

Deal with proportionality at start of assessment, says costs judge – Litigation Futures

Posted November 26th, 2018 in costs, news, proportionality by sally

‘Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.’

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Litigation Futures, 26th November 2018

Source: www.litigationfutures.com

Sumption: Bar of future will be smaller and more specialist – Legal Futures

Posted November 26th, 2018 in advocacy, barristers, judiciary, legal aid, news by sally

‘There will be fewer and more specialist barristers in the future, Lord Sumption has predicted, as he criticised some of the Bar’s actions in response to legal aid cuts.’

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Legal Futures, 26th November 2018

Source: www.legalfutures.co.uk

Gang convicted of violent attack which saw corrosive substance squirted at bystanders – Crown Prosecution Service

Posted November 26th, 2018 in gangs, guilty pleas, hazardous substances, news, violent disorder by sally

‘Nine men have been convicted of carrying out a violent attack which saw a corrosive substance squirted at bystanders trying to stop a street assault.’

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Crown Prosecution Service, 22nd November 2018

Source: www.cps.gov.uk

Stop and search has no real impact on reducing knife crime, research suggests – The Independent

Posted November 26th, 2018 in news, offensive weapons, police, stop and search by sally

‘Stop and search does not significantly reduce knife crime, research has suggested, as the home secretary and senior police officers call for the power to be used more widely.’

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The Independent, 25th November 2018

Source: www.independent.co.uk

New ombudsman gives rail commuters a fast track for complaints – The Guardian

Posted November 26th, 2018 in complaints, news, ombudsmen, railways by sally

‘Passengers dissatisfied with how train companies handle complaints can now appeal to an independent arbiter, as a new rail ombudsman service comes into force today.
The ombudsman will have binding powers over train firms should it uphold a customer complaint.’

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The Guardian, 26th November 2018

Source: www.theguardian.com

Medical device rules need ‘drastic change’ to protect patients – BBC News

Posted November 26th, 2018 in experiments, health & safety, medical treatment, news by sally

‘Urgent and drastic changes to the rules around medical devices, such as pacemakers, are needed to protect patients, according to the Royal College of Surgeons. It wants a register of every device in every patient set up so doctors know if new innovations are causing harm.’

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BBC News, 26th November 2018

Source: www.bbc.co.uk

City watchdog steps up its inquiries into ‘crypto’ firms – Daily Telegraph

‘As the price of the controversial “cryptocurrency” Bitcoin plunges, new figures show that the City watchdog is stepping up its investigations into the murky sector.’

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Daily Telegraph, 25th November 2018

Source: www.telegraph.co.uk

Google settled racism case from contractor ‘treated like a terrorist’ – The Guardian

Posted November 26th, 2018 in compensation, harassment, internet, news, racism, terrorism by sally

‘Google was forced to settle a claim of race discrimination by one of its contractors after he claimed he was repeatedly treated as a terror suspect while working on a covert research project to navigate shopping centres for Google Maps.’

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The Guardian, 25th November 2018

Source: www.theguardian.com