Police Federation launches legal action against government for ‘cheating officers out of pay rise they deserve’ – The Independent

Posted October 24th, 2018 in budgets, judicial review, news, police, remuneration, statistics, stop and search, violent offenders, weapons by sally

‘An association representing 120,000 police officers has launched legal action accusing the government of “cheating officers out of the pay increase they should receive”. The Police Federation said it had lodged an application for a judicial review of the decision to ignore an independent body’s recommended 3 per cent increase amid a rise in crime, demand and the terror threat.’

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The Independent, 23rd October 2018

Source: www.independent.co.uk

Lawyers for a People’s Vote – Oxford Human Rights Hub

Posted October 23rd, 2018 in barristers, brexit, demonstrations, news, referendums, solicitors by sally

‘Lawyers for a People’s Vote has been established to support the calls for a People’s Vote on the final Brexit deal negotiated by the Government.’

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Oxford Human Rights Hub, 22nd October 2018

Source: ohrh.law.ox.ac.uk

Judge refuses to lift suspension on award of community health services contract – Local Government Lawyer

Posted October 23rd, 2018 in community care, contracting out, contracts, health, hospitals, news by sally

‘A High Court judge has refused to lift the automatic suspension in place following a legal challenge to the proposed award of a contract for adult community health services.’

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Local Government Lawyer, 22nd October 2018

Source: www.localgovernmentlawyer.co.uk

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

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Panopticon, 22nd October 2018

Source: panopticonblog.com

‘Common sense prevails’ when work began before contract finalised – OUT-LAW.com

Posted October 23rd, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by sally

‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’

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OUT-LAW.com, 23rd October 2018

Source: www.out-law.com

Civil Liability Bill “undermines Lord Chancellor’s oath of office” – Legal Futures

Posted October 23rd, 2018 in accidents, bills, civil justice, compensation, judiciary, limitations, lord chancellor, news, personal injuries, road traffic, time limits by sally

‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’

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Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

Posted October 23rd, 2018 in accidents, costs, disclosure, documents, insurance, limitations, news, pre-action conduct, road traffic by sally

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

Chloe Atkinson Wilkie death: Drunk mother slept on baby girl – BBC News

Posted October 23rd, 2018 in alcohol abuse, causing death of children or vulnerable adults, child neglect, children, news, sentencing, suspended sentences by sally

‘A drunk mother whose seven-week old daughter died as she fell asleep holding her on a sofa has walked free from court.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

Man pleads guilty to murder of midwife Samantha Eastwood – The Guardian

Posted October 23rd, 2018 in guilty pleas, mental health, midwives, murder, news by sally

‘A man has admitted murdering the midwife Samantha Eastwood in a bout of “intense rage” after a “longstanding affair” with her.’

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The Guardian, 22nd October 2018

Source: www.theguardian.com

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

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Family Law, 22nd October 2018

Source: www.familylaw.co.uk

Morrisons loses data leak challenge – BBC News

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, sentencing, vicarious liability by sally

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

High Court upholds suspension of barrister who stole purse – Legal Futures

Posted October 23rd, 2018 in appeals, barristers, disciplinary procedures, jurisdiction, licensing, news, professional conduct, theft by sally

‘The High Court has upheld the year-long suspension of a barrister who was captured on CCTV stealing a purse in a Cardiff night club.’

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Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Universities: Is free speech under threat? – BBC News

Posted October 23rd, 2018 in complaints, education, equality, Equality and Human Rights Commission, fines, freedom of expression, inquiries, news, statistics, universities by sally

‘A Parliamentary inquiry has reported, regulator the Office for Students has threatened to fine universities that fail to uphold free speech and the Equality and Human Rights Commission is drawing up guidelines for universities.’

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BBC News, 23rd October 2018

Source: www.bbc.co.uk

Legal Aid Agency taken to court for refusing to help rough sleepers – The Guardian

Posted October 23rd, 2018 in fines, homelessness, human rights, interpretation, legal aid, local government, news, statistics, vagrancy by sally

‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 23rd, 2018 in law reports by sally

Court of Appeal (Civil Division)

WM Morrison Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339 (22 October 2018)

High Court (Administrative Court)

City of York Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor [2018] EWHC 2699 (Admin) (22 October 2018)

Dorairaj v The Bar Standards Board [2017] EWHC 2762 (Admin) (19 October 2018)

High Court (Chancery Division)

Bruce v TTA Management Ltd & Ors [2018] EWHC 2718 (Ch) (22 October 2018)

Reformation Publishing Company Ltd v Cruiseco Ltd & Anor [2018] EWHC 2761 (Ch) (22 October 2018)

High Court (Commercial Court)

Airbus SAS v Generali Italia SPA & Or [2018] EWHC 2737 (Comm) (22 October 2018)

Iranian Offshore Engineering And Construction Company v Dean Investment Holdings SA & Ors [2018] EWHC 2759 (Comm) (22 October 2018)

Sberbank of Russia v The OJSC International Bank of Azerbaijan [2018] EWHC 2777 (Comm) (19 October 2018)

Source: www.bailii.org

BSB reprimands added to solicitor sanctions for dual-qualified lawyers – Legal Futures

Posted October 22nd, 2018 in barristers, client accounts, disciplinary procedures, news, sanctions, solicitors by sally

‘Two dual-qualified lawyers have been reprimanded by the Bar Standards Board (BSB) after receiving disciplinary sanctions for their work as solicitors.’

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Legal Futures, 22nd October 2018

Source: www.legalfutures.co.uk

Inquest finds failings in treatment of man who died after care home fall – The Guardian

Posted October 22nd, 2018 in care homes, inquests, learning difficulties, news by sally

‘There were failings in the care and treatment given to a man with severe learning difficulties who broke his neck in a fall at a residential home, an inquest jury has concluded.’

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The Guardian, 19th October 2018

Source: www.theguardian.com

New tech demands code of “cyber ethics” for lawyers – Legal Futures

Posted October 22nd, 2018 in artificial intelligence, electronic filing, legal profession, news, professional conduct by sally

‘The legal profession will have to develop “cyber ethics” to cope with the very different issues that the growing use of technology is having on the practice of law, a leading academic has suggested.’

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Legal Futures, 22nd October 2018

Source: www.legalfutures.co.uk

Harassment – when new evidence isn’t – Nearly Legal

Posted October 22nd, 2018 in assault, evidence, false imprisonment, harassment, landlord & tenant, news, video recordings by sally

‘This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed.’

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Nearly Legal, 21st October 2018

Source: nearlylegal.co.uk

High Court: secondary sanctions no grounds to avoid insurance policy – OUT-LAW.com

Posted October 22nd, 2018 in exclusion clauses, insurance, news, sanctions, shipping law by sally

‘An insurer could not rely on a sanctions-related exclusion clause to resist paying out on a marine insurance policy in the context of the impending reinstatement of US secondary sanctions against Iran, the High Court has ruled.’

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OUT-LAW.com, 22nd October 2018

Source: www.out-law.com