Mental health problems “do not justify” solicitors’ dishonesty – Legal Futures

Posted November 14th, 2018 in disciplinary procedures, mental health, news, solicitors by sally

‘Pressure of work or extreme working conditions “cannot either alone or in conjunction with stress or depression” justify not striking off dishonest solicitors, the High Court has ruled.’

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Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

Rape victims’ mobile phones will not be seized ‘as a matter of course’, new director of public prosecutions says – The Independent

Posted November 14th, 2018 in evidence, news, prosecutions, rape, search & seizure, victims by sally

‘Rape victims’ mobile phones will not be seized “as a matter of course” in criminal investigations, the new head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 13th November 2018

Source: www.independent.co.uk

The return of Crown preference – OUT-LAW.com

Posted November 14th, 2018 in budgets, insolvency, news, taxation by sally

‘A Budget measure concerning tax and insolvency effectively puts the UK’s tax authority back among preferential creditors in an insolvency. Is this a failure to learn from history?’

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OUT-LAW.com, 13th November 2018

Source: www.out-law.com

Baby death review into scandal-hit NHS trust widens to 215 cases – Daily Telegraph

Posted November 14th, 2018 in birth, children, hospitals, news, standards by sally

‘A scandal-hit NHS trust where dozens of deaths are being investigated in order to protect mothers and babies has seen the number of cases of alleged poor care more than double to 215.’

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Daily Telegraph, 14th November 2018

Source: www.telegraph.co.uk

Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

Posted November 14th, 2018 in consultations, courts, housing, landlord & tenant, news by sally

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2018 in legislation by sally

The Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018

The Geo-Blocking (Enforcement) Regulations 2018

The Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Source: www.legislation.gov.uk

Court of Appeal hearing in London Stadium row to be livestreamed – Local Government Lawyer

Posted November 14th, 2018 in appeals, media, news, pilot schemes, reporting restrictions, sport by sally

‘A dispute about seating in the former London 2012 Olympic Stadium will be the first Court of Appeal hearing to be live-streamed in full.’

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Local Government Lawyer, 14th November 2018

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 14th, 2018 in law reports by sally

Court of Appeal (Civil Division)

St George’s, University of London v Rafique-Aldawery, R (On the Application Of) [2018] EWCA Civ 2520 (13 November 2018)

Safeer & Ors, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 2518 (13 November 2018)

Merricks v Mastercard Incorporated & Ors [2018] EWCA Civ 2527 (13 November 2018)

High Court (Administrative Court)

Solicitors Regulation Authority v James [2018] EWHC 3058 (Admin) (13 November 2018)

High Court (Chancery Division)

Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor [2018] EWHC 3048 (Ch) (13 November 2018)

Gilani v Saddiq & Ors [2018] EWHC 3084 (Ch) (13 November 2018)

Addlesee & Ors v Dentons Europe LLP [2018] EWHC 3010 (Ch) (13 November 2018)

Leon v Her Majesty’s Attorney General [2018] EWHC 3026 (Ch) (12 November 2018)

Red Bull GmbH v Big Horn UK Ltd & Ors [2018] EWHC 2794 (Ch) (12 November 2018)

Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch) (09 November 2018)

High Court (Commercial Court)

JSC VTB Bank v Skurikhin & Ors [2018] EWHC 3072 (Comm) (13 November 2018)

Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3077 (Comm) (09 November 2018)

High Court (Family Division)

LM v KD [2018] EWHC 3057 (Fam) (12 November 2018)

High Court (Queen’s Bench Division)

Jain v Manchester University NHS Foundation Trust [2018] EWHC 3016 (QB) (13 November 2018)

Busby v Berkshire Bed Company Litd [2018] EWHC 2976 (QB) (09 November 2018)

Source: www.bailii.org

Carl Sargeant’s widow wins high court bid to challenge inquiry into his sacking – The Guardian

‘The widow of a former Welsh government minister, who was found dead while he was facing sexual misconduct allegations, has won a high court bid to challenge the legality of an inquiry into his sacking.’

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The Guardian, 13th November 2018

Source: www.theguardian.com

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

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BBC News, 13th November 2018

Source: www.bbc.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

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Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Rogue bailiffs face crackdown as MP urges government to act – The Guardian

Posted November 14th, 2018 in bailiffs, debts, disabled persons, identification, news by sally

‘The government has pledged to crack down on rogue bailiffs after an MP raised the case of a disabled constituent who thought she was being burgled when debt collectors burst into her home without showing ID and took cash from her purse.’

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The Guardian, 13th November 2018

Source: www.theguardian.com

Windrush: 11 people wrongly deported from UK have died – Javid – The Guardian

Posted November 13th, 2018 in citizenship, colonies, deportation, immigration, news, statistics, victims by sally

‘Eight more members of the Windrush generation who may have been wrongly deported by UK authorities have been found to have died, taking the total to at least 11, the home secretary has confirmed.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

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Family Law, 13th November 2018

Source: www.familylaw.co.uk

County court to test video hearings in year-long pilot – Legal Futures

Posted November 13th, 2018 in county courts, internet, live link evidence, news, pilot schemes by sally

‘A year-long pilot to hear applications to set aside county court default judgments by an internet-enabled video link will begin at the end of this month.’

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Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

Is it legal for your boss to make you wear a bra to work? – The Guardian

Posted November 13th, 2018 in employment, equality, news, sex discrimination, women by sally

‘What are women’s rights in this area? Can you really get sacked for not wearing a bra? According to Hayley Johnson, a senior associate in employment law for Slater and Gordon: “If someone was dismissed for not wearing a bra at work, that could be discriminatory under current law,” she says.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Give victims right to challenge police and parole decisions, say MPs and Lords – Daily Telegraph

Posted November 13th, 2018 in compensation, consultations, criminal justice, disclosure, news, parole, police, victims by sally

‘Crime victims must get new legal rights to challenge parole and police decisions, a new all party group of MPs and Lords will demand today (Tues).’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk