Bar Council renews attack on BSB over price transparency – Legal Futures

Posted January 15th, 2019 in barristers, fees, news by sally

‘The Bar Council is still unhappy with the price transparency regime proposed by the Bar Standards Board (BSB), despite the regulator’s decision to limit publication of information about fees to public access work.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

Is it enough for the Court to make an order when a child does not want to see his mum or dad? – Family Law

Posted January 15th, 2019 in children, families, news, residence orders by sally

‘When we explain the potential stages of private children proceedings to concerned parents, some roll their eyes, sigh, cry and ultimately get frustrated at not only the length of the process and the costs, but also the fact that because the child says he does not want to see one parent, the proceedings don’t come to an automatic halt, according to Rebecca Ranson, solicitor at Maquire Family Law.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Criminalising imams will not solve the problem of unregistered marriages – Family Law

Posted January 15th, 2019 in bills, Islam, marriage, news, registrars by sally

‘In this post Russell Sandberg, Professor of Law at Cardiff University, questions the current proposal for celebrants to face criminal penalties if they fail to ensure the marriage is also civilly registered. He argues that this will not cure concerns about unregistered religious marriages but rather underlines the need for comprehensive reform.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Investigatory Powers Tribunal Rules 2018 – UK Police Law Blog

Posted January 15th, 2019 in investigatory powers, news, regulations, tribunals by sally

‘The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.’

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UK Police Law Blog, 14th January 2019

Source: ukpolicelawblog.com

s35 FOIA Updates from the Upper Tribunal – Panopticon

‘A couple of recent Upper Tribunal cases have been handed down on the section 35(1) FOIA exemption for the formulation or development of government policy and for Ministerial communications. Both concern documents produced at the highest levels of Government. Both nudge the jurisprudence on a little bit, and both are worth being aware of for those concerned.’

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Panoptiocn, 14th January 2018

Source: panopticonblog.com

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by sally

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Reforms to UK trade mark laws take effect – OUT-LAW.com

Posted January 15th, 2019 in news, regulations, trade marks by sally

‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by sally

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

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

Court relaxes costs rule for PI claim heading towards multi-track – Law Society’s Gazette

Posted January 15th, 2019 in costs, damages, news, personal injuries by sally

‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’

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Law Society's Gazette, 14th January 2018

Source: www.lawgazette.co.uk

Knifeman shot by police ‘lawfully killed’ – BBC News

Posted January 15th, 2019 in firearms, inquests, news, offensive weapons, police by sally

‘A knife-wielding man shot by police after imprisoning his fiancée in his flat was lawfully killed, an inquest has concluded.’

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BBC News, 14th January 2019

Source: www.bbc.co.uk

West Midlands Police ‘fails to record 16,600 violent crimes’ – BBC News

Posted January 15th, 2019 in criminal records, news, police, reports, statistics, violence by sally

‘West Midlands Police is “failing victims” and not recording more than 16,600 violent crimes each year, a watchdog has said.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Woman ordered not to contact son spared jail for going to parents’ evening – The Guardian

‘A woman under orders not to contact her son has been spared jail for accepting an invitation to attend a parents’ evening at his London school.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

Student who sparked Newcastle bomb scare with artwork on bridge given community service – The Independent

Posted January 15th, 2019 in bomb hoaxing, community service, news, nuisance, sentencing by sally

‘A student who sparked a bomb scare by attaching piece of art to a bridge has been sentenced to 90 hours of community service.’

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The Independent, 15th January 2019

Source: www.independent.co.uk

Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 14th, 2019 in legislation by sally

The Infrastructure Planning (Water Resources) (England) Order 2019

The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018

The Leghold Trap and Pelt Imports (Amendment etc.) (EU Exit) Regulations 2019

The Protocol 1 to the EEA Agreement (Amendment) (EU Exit) Regulations 2019

The Weights and Measures etc. (Miscellaneous) (Amendment) Regulations 2019

The Blood Safety and Quality (Amendment) (EU Exit) Regulations 2019

The International Driving Permits (Fees) (EU Exit) Regulations 2019

The Finance Act 2004 (Standard Lifetime Allowance) Regulations 2019

The Universal Credit (Restriction on Amounts for Children and Qualifying Young Persons) (Transitional Provisions) Amendment Regulations 2019

The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Online Pornography (Commercial Basis) Regulations 2019

The Humane Trapping Standards Regulations 2019

The Public Record Office (Fees) Regulations 2018

BAILII: Recent Decisions

Posted January 14th, 2019 in law reports by sally

High Court (Administrative Court)

Johnson & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 23 (Admin) (11 January 2019)

Friends of the Earth Ltd, R (On the Application Of) v Cuadrilla Bowland Ltd [2019] EWHC 25 (Admin) (11 January 2019)

Adegun, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 22 (Admin) (10 January 2019)

High Court (Chancery Division)

Deansgate 123 LLP v Workman & Anor [2019] EWHC 2 (Ch) (11 January 2019)

Source: www.bailii.org

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by sally

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com

Fatal accident damages considered: Blake -v- Mad Max Limited – Zenith PI

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Zenith PI, 10th January 2018

Source: zenithpi.wordpress.com

London borough acted unlawfully in dismissing three housing officers, tribunal rules – Local Government Lawyer

‘The London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers, an Employment Tribunal has ruled. The ruling of the East London Employment Tribunal was handed down last month (27 December), following a hearing in October and November 2018. The council dismissed the three employees in the summer of 2017, suggesting that their roles were redundant. However, the Employment Judge ruled that in reality their roles were not redundant and that all three employees were unfairly dismissed.’

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Local Government Lawyer, 11th January 2018

Source: www.localgovernmentlawyer.co.uk

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by sally

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

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Litigation Futures, 14th January 2018

Source: www.litigationfutures.com