Man who killed friend in club crash ‘rage’ jailed for life – BBC News

Posted December 19th, 2018 in assault, attempted murder, dangerous driving, murder, news, sentencing by sally

‘A man who killed his friend when he drove a car into a crowd in a “drink-fuelled rage” has been jailed.’

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BBC News, 19th December 2018

Source: www.bbc.co.uk

Accountancy watchdog criticised over legal services procurement – Law Society’s Gazette

Posted December 19th, 2018 in accountants, auditors, competition, legal services, news, ombudsmen, public procurement by sally

‘The accountancy regulator should adopt a more open procurement policy when tendering for legal and professional services, a review assessing its clout has found.’

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Law Society's Gazette, 18th December 2018

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2018 in legislation by sally

The Licensing Act 2003 (Personal and Premises Licences) (Forms) (Amendment) Regulations 2018

The Feed-in Tariffs (Closure, etc.) Order 2018

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018

The Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

The Health and Safety (Amendment) (EU Exit) Regulations 2018

The Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018

The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2018

The Investigatory Powers Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2018

The Local Audit and Accountability Act 2014 (Commencement No. 7, Transitional Provisions and Savings) (Amendment) Order 2018

Source: www.legislation.gov.uk

Anti-drone technology could be introduced in English prisons – The Guardian

Posted December 19th, 2018 in aircraft, drug trafficking, news, prisons, telecommunications by sally

‘The government could introduce an anti-drone system to stop drug smuggling in English prisons after a successful six-month experiment in Guernsey prompted ministers to consider a U-turn about the technology.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted December 19th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar) [2018] EWCA Civ 2812 (18 December 2018)

Bakhshiyeva (Foreign Representative of the Ojsc International Bank of Azerbaijan) v Sberbank of Russia & Ors [2018] EWCA Civ 2802 (18 December 2018)

Court of Appeal (Criminal Division)

Rawlinson v R [2018] EWCA Crim 2825 (18 December 2018)

Ali Syed, R v [2018] EWCA Crim 2809 (18 December 2018)

TF, R v [2018] EWCA Crim 2823 (18 December 2018)

High Court (Administrative Court)

Kenyon, R (On the Application Of) v Wakefield Council & Ors [2018] EWHC 3485 (Admin) (18 December 2018)

High Court (Commercial Court)

Grove Park Properties Ltd v The Royal Bank of Scotland Plc [2018] EWHC 3521 (Comm) (18 December 2018)

High Court (Patents Court)

77M Ltd v Ordnance Survey Ltd [2018] EWHC 3524 (Pat) (14 December 2018)

Source: www.bailii.org

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One) – UK Constitutional Law Association

‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’

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UK Constitutional Law Association, 18th December 2018

Source: ukconstitutionallaw.org

Offenders with Muslim names are not jailed for longer, study finds – The Guardian

Posted December 18th, 2018 in Islam, news, religious discrimination, sentencing, statistics by sally

‘Offenders who have Muslim names do not appear to be receiving unfairly long sentences from crown courts in England and Wales, according to criminology research.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

Costs ‘disproportionately high’ in Russian oligarch battle – Law Society’s Gazette

Posted December 18th, 2018 in costs, freezing injunctions, jurisdiction, law firms, news, proportionality by sally

‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’

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Law Society's Gazette, 17th December 2018

Source: www.lawgazette.co.uk

Financial Conduct Authority brings in new push payment complaints rules – OUT-LAW.com

Posted December 18th, 2018 in complaints, financial regulation, fraud, news by sally

‘The UK’s Financial Conduct Authority (FCA) has confirmed it is to make it easier for victims of authorised push payment (APP) fraud to make a complaint about a transaction.’

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OUT-LAW.com, 18th December 2018

Source: www.out-law.com

The merits of and case for Land Value Taxation – OUP Blog

Posted December 18th, 2018 in news, sale of land, taxation, valuation by sally

‘The UK, especially London, has long experienced the kind of property boom that makes prices unaffordable. A recent Confederation of British Industry survey reported that this unaffordability is of great concern to employers. But these booms also mean that the owners of that land are accruing unearned gains which are not being efficiently or equitably taxed. The cost of building or repairing a house is almost the same whether it is in Knightsbridge or Knowsley – it is the land that makes the difference. The value of land comes from the uses to which it is put. The granting of planning permission, for example, increases the value of land, as does the addition of utilities.’

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OUP Blog, 18th December 2018

Source: blog.oup.com

UK couple who named baby after Hitler jailed for terror group membership – The Guardian

Posted December 18th, 2018 in news, proscribed organisations, sentencing, terrorism by sally

‘A neo-Nazi couple who named their baby son in honour of Hitler have been jailed for membership of a terrorist group.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

Windrush hardship fund to offer sums of up to £5,000 to victims – The Guardian

Posted December 18th, 2018 in citizenship, colonies, compensation, immigration, news by sally

‘The government has announced a hardship fund to provide up to £5,000 to members of the Windrush generation who were wrongly targeted by the hostile environment policy and left destitute, following months of pressure from MPs and campaigners.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

New Judgment: Welsh Ministers v PJ [2018] UKSC 66 – UKSC Blog

‘This appeal considered whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’ and whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR rights. It also considered what the scope is of a tribunal’s power to take into account ECHR rights.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Supreme Court rules on CTOs, conditions and deprivations of liberty – Local Government Lawyer

‘There is no power for a responsible clinician to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty, the Supreme Court has ruled.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Conveyancer who overcharged for search fees is suspended – Legal Futures

Posted December 18th, 2018 in client accounts, conveyancing, disciplinary procedures, fees, news, solicitors by sally

‘A solicitor who regularly overcharged clients for search fees and transferred money from client to office account without their consent has been suspended for two years by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 18th December 2018

Source: www.legalfutures.co.uk

Could student loans ruling mean the system is redesigned? – BBC News

Posted December 18th, 2018 in education, loans, news, universities by sally

‘An announcement on Monday could affect the future of the student loans system.’

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BBC News, 16th December 2018

Source: www.bbc.co.uk

Father loses damages claim over forged IVF signature – The Guardian

‘A father whose ex-partner forged his signature to conceive a daughter has lost a damages action against a London IVF clinic at the court of appeal.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 18th, 2018 in legislation by sally

The Single Source Contract (Amendment) (No. 2) Regulations 2018

The Value Added Tax (Postal Packets and Amendment) (EU Exit) Regulations 2018

The Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2018

The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 18th, 2018 in law reports by sally

Supreme Court

UKI (Kingsway) Ltd v Westminster City Council [2018] UKSC 67 (17 December 2018)

Welsh Ministers v PJ [2018] UKSC 66 (17 December 2018)

Williams v The Trustees of Swansea University Pension & Assurance Scheme & Anor [2018] UKSC 65 (17 December 2018)

Court of Appeal (Civil Division)

ARB v IVF Hammersmith & Anor [2018] EWCA Civ 2803 (17 December 2018)

High Court (Chancery Division)

Samuel v Samuel & Ors [2018] EWHC 3513 (Ch) (17 December 2018)

High Court (Commercial Court)

HMG Investment Holdings Ltd v National Westminster Bank Plc [2018] EWHC 3492 (Comm) (17 December 2018)

High Court (Queen’s Bench Division)

Intertrade Wholesale Ltd & Ors v Revenue & Customs & Anor [2018] EWHC 3476 (QB) (17 December 2018)

Source: www.bailii.org