Current Awareness

‘Yesterday [13 September] the Government published the first of its guidance dealing with justice matters in the event of the UK leaving the EU with “no deal” on 29 March 2019. The Ministry of Justice published a technical notice on handling civil legal cases, which includes consideration of co-operation between the UK and the EU in family matters following Brexit.’

Full Story

Family Law, 14th September 2018

Source: www.familylaw.co.uk

Trust in solicitors a key issue when consumers choose barristers – Legal Futures

Posted September 17th, 2018 in barristers, consumer protection, legal services, news, solicitors by sally

‘Consumers tend to shop around or use a public access barrister and ignore their solicitor’s recommendation when trust had broken down, according to Bar Standards Board-commissioned (BSB) research.

Full Story

Legal Futures, 17th September 2018

Source: www.legalfutures.co.uk

Confusion as solicitors make medical record requests for clients under GDPR – Litigation Futures

Posted September 17th, 2018 in data protection, EC law, medical records, news, solicitors by sally

‘There is confusion over whether solicitors can seek medical records for free by making subject access requests (SARs) under the General Data Protection Regulation (GDPR).’

Full Story

Litigation Futures, 17th September 2018

Source: www.litigationfutures.com

Social media firms face £18m fines if they send children notifications at night – Daily Telegraph

Posted September 17th, 2018 in children, codes of practice, fines, internet, news by sally

‘Social media firms face fines of up to £18m if they disturb children with notifications and alerts at night or during the school day under plans being considered by the information commissioner.’

Full Story

Daily Telegraph, 17th September 2018

Source: www.telegraph.co.uk

“No pain, no drain” divorce? – Family Law

Posted September 17th, 2018 in divorce, marriage, news by sally

‘It is official. The Justice Secretary David Gauke has now confirmed that proposals are under way to make the divorce process less confrontational.’

Full Story

Family Law, 15th September 2018

Source: www.familylaw.co.uk

Urinating Newcastle man faces council football pitch ban – BBC News

Posted September 17th, 2018 in news, public order, sport by sally

‘Amateur footballers who urinate on council-owned football pitches are being warned they could be banned from playing on them.’

Full Story

BBC News, 14th September 2018

Source: www.bbc.co.uk

Domestic abuse victims turning to civil courts because police are failing to enforce law – Daily Telegraph

Posted September 17th, 2018 in domestic violence, injunctions, news, victims by sally

‘Domestic abuse victims are increasingly turning to the civil courts for protection because the police are failing to enforce the law of coercive control, it has emerged.’

Full Story

Daily Telegraph, 15th September 2018

Source: www.telegraph.co.uk

Fraud ringleader jailed over ‘boiler room’ scam – BBC News

Posted September 17th, 2018 in conspiracy, fraud, news, sentencing by sally

‘A “boiler room” fraud ringleader has been sentenced to a total of 13 years in jail after being found guilty of conspiring with five others to con 170 investors out of £2.8m.’

Full Story

BBC News, 14th September 2018

Source: www.bbc.co.uk

Electoral Commission ‘misinterpreted’ Vote Leave expenses, court rules – BBC News

Posted September 17th, 2018 in expenses, fines, news, referendums, statutory interpretation by sally

‘The Electoral Commission misinterpreted EU referendum spending laws allowing Vote Leave to break them, the High Court has ruled.’

Full Story

BBC News, 14th September 2018

Source: www.bbc.co.uk

UBS ‘rogue trader’ in last-ditch attempt to avoid deportation – The Guardian

Posted September 17th, 2018 in banking, deportation, fraud, judicial review, news by sally

‘Kweku Adoboli, the former UBS banker jailed for the UK’s biggest ever fraud, will on Monday file for a judicial review of the decision to deport him to Ghana, in a last-ditch attempt to stop his “banishment” from the UK, where he has lived since he was 12.’

Full Story

The Guardian, 16th September 2018

Source: www.theguardian.com

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by sally

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

Full Story

Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

New Acts – legislation.gov.uk

Posted September 14th, 2018 in legislation by sally

Parental Bereavement (Leave and Pay) Act 2018

Assaults on Emergency Workers (Offences) Act 2018

Taxation (Cross-border Trade) Act 2018

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2018 in legislation by sally

The Financial Guidance and Claims Act 2018 (Commencement No. 2) Regulations 2018

The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018

The Police and Firefighters’ Pensions (Amendment) Regulations 2018

The Reserve Forces (Payments to Employers and Partners) (Isle of Man) Regulations 2018

The Reserve Forces Act 1996 (Isle of Man) (Amendment) Regulations 2018

The Road Vehicles (Approval) (Amendment) Regulations 2018

The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 14th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Stoffel & Co v Grondona [2018] EWCA Civ 2031 (13 September 2018)

High Court (Administrative Court)

City of Westminster, R (On the Application Of) v Transport for London (TfL) & Ors [2018] EWHC 2402 (Admin) (13 September 2018)

High Court (Chancery Division)

Bhusate v Patel & Ors [2018] EWHC 2362 (Ch) (13 September 2018)

Gelber & Anor v Tthe Sunderland Foundation & Ors [2018] EWHC 2344 (Ch) (13 September 2018)

Sheffield v Sheffield & Ors [2018] EWHC 2360 (Ch) (13 September 2018)

High Court (Commercial Court)

Classic Maritime Inc. v Limbungan Makmur SDN BHD & Anor [2018] EWHC 2389 (Comm) (13 September 2018)

Source: www.bailii.org

Council apologises to mother over unlawful restrictions on contact with children – Local Government Lawyer

Posted September 14th, 2018 in children, contact orders, human rights, local government, mental health, news by sally

‘Cumbria County Council has apologised to a mother who had unlawful restrictions placed on her level of contact with her three children, it has been reported.’

Full Story

Local Government Lawyer, 13th September 2018

Source: www.localgovernmentlawyer.co.uk

Conveyancers liable for registration error despite mortgage fraud – Legal Futures

Posted September 14th, 2018 in conveyancing, fraud, mortgages, negligence, news, public interest by sally

‘There is “no public interest” in allowing a negligent conveyancer to avoid liability when they did not know that their client was actually engaged in mortgage fraud, the Court of Appeal has ruled.’

Full Story

Legal Futures, 14th September 2018

Source: www.legalfutures.co.uk

Acid attack car thieves convicted – Crown Prosecution Service

Posted September 14th, 2018 in conspiracy, hazardous substances, press releases, robbery by sally

‘A gang of carjackers who sprayed corrosive ammonia into the eyes of their victims have been convicted after a public appeal by former boxer Michael Watson.’

Full press release

Crown Prosecution Service, 13th September 2018

Source: www.cps.gov.uk

MoJ seeks to allay concerns about the human rights impact of legal aid cuts – Law Society’s Gazette

Posted September 14th, 2018 in budgets, human rights, legal aid, news, select committees by sally

‘The government has today published its response to MPs’ concerns about the “damaging” effects of legal aid reforms on human rights, painting a rosier picture than found by members of the joint committee on human rights.’

Full Story

Law Society's Gazette, 13th September 2018

Source: www.lawgazette.co.uk

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