Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by sally

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

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BBC News, 12th December 2018

Source: www.bbc.co.uk

Police win Michael Barrymore wrongful arrest challenge – The Guardian

Posted December 13th, 2018 in appeals, compensation, damages, false imprisonment, murder, news, police, rape, wrongful arrest by sally

‘Police have won a challenge against a decision that had paved the way for entertainer Michael Barrymore to receive substantial damages over a wrongful arrest he says destroyed his career.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

New inquest ordered for 1975 ‘Little Girl Blue’ murder – BBC News

Posted December 13th, 2018 in children, inquests, murder, news by sally

‘A new inquest into the unsolved murder of a girl found dead in a wood 43 years ago has been ordered by the high court.’

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BBC News, 12th December 2018

Source: www.bbc.co.uk

Woman jailed for staging her own kidnap and harassing ex-boyfriend online – The Independent

‘A woman who orchestrated an online harassment campaign against her ex-boyfriend, before lying about being pregnant and even staging a fake kidnapping, has been jailed for four-and-a-half years.’

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The Independent, 12th December 2018

Source: www.independent.co.uk

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

How outdated tree-felling laws are putting rare woodland wildlife at risk – The Independent

Posted December 13th, 2018 in animals, environmental protection, forestry, licensing, news, trees by sally

‘A loophole in the Forestry Act means the habitats of protected species can be cut down – no matter how rare, how vulnerable or how much effort has gone into the regional conservation of the animal.’

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The Independent, 13th December 2018

Source: www.independent.co.uk

Gambling chiefs confirm ‘whistle-to-whistle’ television sport advertising ban – BBC News

Posted December 13th, 2018 in advertising, gambling, news, sport by sally

‘Gambling chiefs say they are “responding to public concerns” after confirming plans to effectively ban television betting adverts during pre-watershed live sport.’

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BBC News, 13th December 2018

Source: www.bbc.co.uk

Solicitor’s conviction for neglecting mother quashed – Legal Futures

Posted December 12th, 2018 in elderly, families, mental health, news, sentencing, wilful neglect by sally

‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

When Coroners are unsure – Park Square Barristers

‘The Court held that a Coroner was entitled to remain unsure about the particulars of the death of an individual who was shot by a member of the Royal Ulster Constabulary.’

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Park Square Barristers, 16th November 2018

Source: www.parksquarebarristers.co.uk

The Residential Nil Rate Band: A Path through the Maze – Radcliffe Chambers

Posted December 12th, 2018 in inheritance tax, news, trusts, wills by sally

‘In late 2015, the Government introduced an additional nil rate band for inheritance tax purposes applying where a deceased person’s interest in their residence is “closely inherited” by their children and other descendants, known as the residential nil rate band (“RNRB”). The objective was to meet the criticism that the estates of persons, who are by no means wealthy, were being dragged into the inheritance tax net by virtue only of the historic rise in residential property prices.’

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Radcliffe Chambers, 5th December 2018

Source: www.radcliffechambers.com

Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC) – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, enforcement, news by sally

‘An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

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No. 5 Chambers, 19th November 2018

Source: www.no5.com

No requirement for taxi licensing schemes to be self-financing, High Court rules – Local Government Lawyer

Posted December 12th, 2018 in fees, licensing, local government, news, taxis by sally

‘Wakefield City Council is considering whether to appeal against a High Court ruling that quashed its licensing fees for private hire vehicles and taxis.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Fundamental dishonesty – You have been warned (hopefully) – Zenith Chambers

Posted December 12th, 2018 in news by sally

‘The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

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Zenith Chambers, 30th November 2018

Source: www.zenithchambers.co.uk

Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’ – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, leases, news by sally

‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’

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Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

The Disclosure Pilot: time to get ready – Hardwicke Chambers

Posted December 12th, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘Parties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an overview of the Pilot Scheme and flag some practical steps that parties and advisors can take to best prepare themselves for the enhanced disclosure related duties, and requirements, found under the Scheme.’

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Hardwicke Chamebrs, 30th November 2018

Source: hardwicke.co.uk

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

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No. 5 Chambers, 6th December 2018

Source: www.no5.com

James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

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Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

Disclosure Is Essential To A Fair Trial. We Must Get It Right – Rights Info

Posted December 12th, 2018 in Crown Prosecution Service, disclosure, human rights, news, police by sally

‘Barrister Stefan Hyman outlines why the duty of disclosure is integral to our criminal justice system and vital to a fair trial, a fundamental human right.’

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Rights Info, 12th December 2018

Source: rightsinfo.org