Axe murderer Nathan Davis jailed for at least 28 years – BBC News
‘An axe murderer intent on revenge over an attack on his girlfriend has been jailed for a minimum of 28 years.’
BBC News, 15th February 2019
Source: www.bbc.co.uk
How many reviews? – Nearly Legal
‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
The Financial Conglomerates and Other Financial Groups (Amendment etc.) (EU Exit) Regulations 2019
The Inspectors of Education, Children’s Services and Skills Order 2019
The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2019
The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Metropolitan International Schools Ltd v Revenue And Customs [2019] EWCA Civ 156 (14 February 2019)
Thorpe v Frank & Anor [2019] EWCA Civ 150 (14 February 2019)
High Court (Administrative Court)
Gorczewski v Court of Swidnica, Poland [2019] EWHC 279 (Admin) (14 February 2019)
Yilmaz & Anor v Government of Turkey [2019] EWHC 272 (Admin) (14 February 2019)
High Court (Queen’s Bench Division)
AAA v A Chief Constable [2019] EWHC 259 (QB) (14 February 2019)
Source; www.bailii.org
Report recommends improvements to English planning appeals – OUT-LAW.com
‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’
OUT-LAW.com, 14th February 2019
Source: www.out-law.com
Solicitor “tried to get assault complainant to withdraw statement” – Legal Futures
‘A solicitor who tried to get someone he employed to persuade the alleged victim of a sexual assault to withdraw her statement has been struck off by a tribunal.’
Legal Futures, 15th February 2019
Source: www.legalfutures.co.uk
What is Article 13? The EU’s copyright directive explained – BBC News
‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
Shamima Begum: IS runaway teen ‘could face prosecution in UK’ – BBC News
‘A British woman who ran away to Syria as a schoolgirl to join the Islamic State group has been told she could face prosecution if she returns home.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
Mother is no longer gender-specific term, government lawyers say – Daily Telegraph
‘Mother is no longer a gender-specific term that applies only to women, lawyers on behalf of the Government have said.’
Daily Telegraph, 14th February 2019
Source: www.telegraph.co.uk
Gambling ads guidance promotes data and social media tools – OUT-LAW.com
‘Stricter standards will apply to gambling adverts in the UK from April this year as regulators address the risk of “irresponsible” marketing and seek to protect children from harm.’
OUT-LAW.com, 13th February 2019
Source: www.out-law.com
Death certificate to treble in price – BBC News
‘The price of a getting a death certificate will nearly triple from this weekend in England and Wales.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
Cheryl Grimmer case won’t go ahead as police interview ruled inadmissible – The Guardian
‘The trial of a man accused of murdering UK-born toddler Cheryl Grimmer almost 50 years ago will not go ahead, after a judge ruled his 1971 police interview was not admissible.’
The Guardian, 15th February 2019
Source: www.theguardian.com
Charity Commission Inquiry: Birmingham Diocesan Trust – Law & Religion UK
‘On 12 February 2019, the Charity Commission issued the following Press Release regarding a new inquiry into the charity behind the Roman Catholic Archdiocese of Birmingham over safeguarding concerns.’
Law & Religion UK, 14th February 2019
Source: www.lawandreligionuk.com
Recent Statutory Instruments – legislation.gov.uk
The Tax Credits and Guardian’s Allowance Up-rating Regulations 2019
The Primary Medical Services (Prohibition on the Sale of Goodwill) Regulations 2019
The Amendments Relating to the Provision of Integrated Care Regulations 2019
The Inspectors of Education, Children’s Services and Skills Order 2019
The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019
The Broadcasting (Amendment) (EU Exit) Regulations 2019
The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019
The Overseas Association Decision (Revocation) (EU Exit) Regulations 2019
The Nuclear Safeguards (EU Exit) Regulations 2019
The Consular Fees (Amendment) Order 2019
Source: www.legislation.gov.uk
New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog
‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com
‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’
OUT-LAW.com, 12th February 2019
Source: www.out-law.com
BAILII: Recent Decisions
Supreme Court
Perry v Raleys Solicitors [2019] UKSC 5 (13 February 2019)
Wells v Devani [2019] UKSC 4 (13 February 2019)
Court of Appeal (Civil Division)
Pulseon OY v Garmin (Europe) Ltd [2019] EWCA Civ 138 (13 February 2019)
Court of Appeal (Criminal Division)
Cheeseman v R [2019] EWCA Crim 149 (13 February 2019)
High Court (Administrative Court)
Awodiya & Anor v HM Revenue and Customs [2019] EWHC 251 (Admin) (12 February 2019)
High Court (Queen’s Bench Division)
Tomanovic & Ors v The European Union [2019] EWHC 263 (QB) (13 February 2019)
High Court (Technology and Construction Court)
Zagora Management Ltd & Ors v Zurich Insurance Plc & Ors [2019] EWHC 205 (TCC) (07 February 2019)
Source: www.bailii.org
‘An International Embarrassment’: Just How Likely Is It The Human Rights Act Could Actually Be Scrapped? – Rights Info
‘Our human rights are some of the most longstanding British traditions alive, often dated all the way back to Magna Carta. Somewhat conversely though, they feel continually under threat, with one expert saying recent questions over their future could leave us a “rung below Russia”.’
Rights Info, 13th February 2019
Source: rightsinfo.org
New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog
‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com
‘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.’
OUT-LAW.com, 13th February 2019
Source: www.out-law.com
