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

SRA loses appeal over failed Leigh Day mega-prosecution – Legal Futures

‘The High Court has dismissed an appeal by the Solicitors Regulation Authority (SRA) against a disciplinary tribunal’s decision to clear Martyn Day, two of his colleagues and his firm Leigh Day over their conduct of the Al-Sweady case.’

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Legal Futures, 19th October 2018

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 22nd, 2018 in legislation by sally

The Special Fissile Materials (Right of Use and Consumption) (EU Exit) Regulations 2018

The Civil Aviation Act 1982 (Amendment) (EU Exit) Regulations 2018

The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2018

Source: www.legislation.gov.uk

Car washes to be given kitemark scheme to crack down on modern slavery – Daily Telegraph

‘Car washes will be given a Kitemark-style scheme to crack down on modern slavery.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2018 in law reports by sally

Court of Appeal (Civil Division)

Jones & Anor v Roundlistic Ltd [2018] EWCA Civ 2284 (19 October 2018)

Timis & Anor v Osipov & Anor [2018] EWCA Civ 2321 (19 October 2018)

Putney Bridge Approach Ltd v The Secretary of State for Communities And Local Government & Anor [2018] EWCA Civ 2268 (19 October 2018)

High Court (Administrative Court)

DJ, R (On the Application Of) v Welsh Ministers & Anor [2018] EWHC 2735 (Admin) (19 October 2018)

Solicitors Regulation Authority v Day & Ors [2018] EWHC 2726 (Admin) (19 October 2018)

High Court (Family Division)

C (An Infant), Re [2018] EWHC 2750 (Fam) (17 October 2018)

High Court (Queen’s Bench Division)

London Borough of Haringey v Simawi & Anor [2018] EWHC 2733 (QB) (19 October 2018)

Source: www.bailii.org

Judge rejects challenge to decision by council to sell cattle market site – Local Government Lawyer

Posted October 22nd, 2018 in judicial review, local government, news, sale of land by sally

‘A judge has refused to grant a campaign group permission to bring a judicial review challenge over a district council’s decision to sell a cattle market to a supermarket chain.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Domestic abusers and stalkers should sign national register like sex offenders, commons report says – Daily Telegraph

Posted October 22nd, 2018 in criminal records, domestic violence, news, notification, stalking by sally

‘Domestic abusers and stalkers should be forced to sign a national register like sex offenders, a cross-party parliamentary report has said.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Infected blood victims’ support payments ‘must increase’ – BBC News

Posted October 22nd, 2018 in blood products, compensation, inquiries, news, personal injuries by sally

‘Victims of the NHS contaminated blood scandal have written to the health secretary asking for an immediate increase in support payments, the BBC has learned.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

Watchdog supports end to delay in gender recognition decisions – The Guardian

Posted October 22nd, 2018 in consultations, delay, gender, medical treatment, news, transgender persons by sally

‘The “period of reflection” a person wishing to change gender must observe before obtaining a gender recognition certificate is unnecessary, according to the equality watchdog.’

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The Guardian, 21st October 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 19th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 (18 October 2018)

High Court (Administrative Court)

ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin) (18 October 2018)

High Court (Chancery Division)

Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) (18 October 2018)

High Court (Commercial Court)

Integral Petroleum SA v Petrogat FZE & Anor [2018] EWHC 2686 (Comm) (17 October 2018)

High Court (Queen’s Bench Division)

Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3) [2018] EWHC 2715 (QB) (18 October 2018)

Source: www.bailii.org

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

‘Shifting sands’: six legal views on the transgender debate – The Guardian

‘Lawyers examine the consequences to the proposed reforms to the Gender Recognition Act.’

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The Guardian, 19th October 2018

Source: www.theguardian.com

Radical preacher Anjem Choudary freed from prison – The Guardian

Posted October 19th, 2018 in early release, hate crime, Islam, media, news, terrorism by sally

‘Anjem Choudary has been released from prison after serving half of the five-and-a-half-year sentence he received in 2016 for urging support for Isis and pledging allegiance to the terrorist group.’

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The Guardian, 19th October 2018

Source: www.theguardian.com

London borough changes its definition of ‘overcrowding’ after legal challenge: report – Local Government Lawyer

Posted October 19th, 2018 in housing, interpretation, local government, London, news by sally

‘A legal challenge brought by the Public Interest Law Unit (PILU) and Housing Action Southwark and Lambeth (HASL) has forced Southwark Council to change the definition it uses for ‘overcrowding’, it has been claimed.’

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Local Government Lawyer, October 2018

Source: www.localgovernmentlawyer.co.uk

Health and Social Care of Older People is a Human Rights Issue – Rights Info

Posted October 19th, 2018 in elderly, health, human rights, medical treatment, news, ombudsmen, social services by sally

‘The independent healthcare regulator, the Care Quality Commission recently warned that disjointed health and social care services in England are placing increasing pressure on A&E departments. As pressure grows on the country’s health and care system, what does this mean for the human rights of older people?’

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Rights Info, 18th October 2018

Source: rightsinfo.org

Home Office asks lawyers to help simplify immigration letters – Law Society’s Gazette

Posted October 19th, 2018 in detention, human rights, immigration, news, select committees, statistics by sally

‘The government will ask lawyers how letters to people navigating a ‘complex’ immigration system can be improved, as MPs take a closer look at proposals to reform immigration detention.’

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Law Society's Gazette, 18th October 2018

Source: www.lawgazette.co.uk

Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Reform and the future of family justice: where is the court modernisation programme heading? – Family Law

Posted October 19th, 2018 in case management, family courts, news by sally

‘The following is an extract from a talk delivered by the immediate past President of the Family Division to the Cheshire and North Wales Resolution Family Law Conference at Chester on 25 September 2018. The full version will appear in the November issue of Family Law.’

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Family Law, 18th October 2018

Source: www.familylaw.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk