news – Page 1211 – Current Awareness

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by sally

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

Posted March 9th, 2018 in appeals, construction industry, contracts, duty of care, law firms, news, sale of land, Supreme Court by sally

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Surrogacy and HFEA Update (March 2018) – Family Law Week

Posted March 9th, 2018 in assisted reproduction, embryology, news, surrogacy by sally

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.’

Family Law Week, 8th March 2018

Source: www.familylawweek.co.uk

UK knife crime offenders getting longer jail sentences – The Guardian

Posted March 9th, 2018 in news, offensive weapons, sentencing, statistics by sally

‘The Ministry of Justice figures, which come amid concern about a surge in knife violence, particularly in London, show that the average custodial sentence handed down has risen by 2.2 months over the past decade to 7.5 months in 2017, with conviction for a knife or weapon offence now more likely to result in some form of custodial sentence.’

The Guardian, 8th March 2018

Source: www.theguardian.com

Co-operative Group repays £500,000 as it faces probe for mistreating suppliers – Daily Telegraph

Posted March 9th, 2018 in fines, news, unfair commercial practices by sally

‘Regulators have launched a probe into the Co-operative Group that could force it to pay £70m of fines for mistreating its suppliers.’

Daily Telegraph, 8th March 2018

Source: www.telegraph.co.uk

Corpse-sex threat prisoner Richard Ford ‘has very low IQ’ – BBC News

Posted March 9th, 2018 in dangerous offenders, news, public interest, sentencing, threatening behaviour by sally

‘A prisoner who threatened to kill a number of people and have sex with their corpses is appealing against his 45-year sentence on the basis of his “extraordinarily low IQ”.’

BBC News, 8th March 2018

Source: www.bbc.co.uk

‘M25 rapist’ Antoni Imiela dies in prison – The Guardian

Posted March 9th, 2018 in death in custody, news, rape by sally

‘A man labelled the “M25 rapist” after he carried out a series of sex attacks in south-east England has died behind bars. Antoni Imiela, 63, died at HMP Wakefield on Thursday, the Prison Service said, months after he was told he had been referred for parole.’

The Guardian, 9th March 2018

Source: www.theguardian.com

Wagamama fined for failing to pay the minimum wage – BBC News

Posted March 9th, 2018 in fines, minimum wage, news by sally

‘Restaurant chains Wagamama and TGI Fridays have each been fined an undisclosed amount for failing to pay staff the National Minimum Wage. They were among 43 employers in the hospitality sector on the government’s latest list of firms breaking the law.’

BBC News, 9th March 2018

Source: www.bbc.co.uk

Britain First leaders jailed: Police release mugshots of Jayda Fransen and Paul Golding because of impact on community – The Independent

Posted March 9th, 2018 in harassment, hate crime, news, photography, religiously aggravated offences by sally

‘Police have released photos showing the leaders of far-right extremist group Britain First in custody because of the effect their hate crimes had on the local community.’

The Independent, 8th March 2018

Source: www.independent.co.uk

Mail Online: Ipso upholds complaint over article on ‘lorry’ incident at Oxford Circus – The Guardian

Posted March 9th, 2018 in complaints, internet, media, news, terrorism by sally

The Guardian, 8th March 2018

Source: www.theguardian.com

Triple killer Theodore Johnson has jail term increased – BBC News

Posted March 9th, 2018 in appeals, murder, news, sentencing by sally

‘A man who killed three former partners has had his minimum jail term increased to 30 years.’

BBC News, 8th March 2018

Source: www.bbc.co.uk

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by sally

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

Panopticon, 5th March 2018

Source: panopticonblog.com

Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by sally

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

Posted March 8th, 2018 in burden of proof, expert witnesses, hospitals, medical treatment, negligence, news by sally

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by sally

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Zenith PI, 5th March 2018

Source: zenithpi.wordpress.com

Allocation: Assessment of guideline – Sentencing Council

Posted March 8th, 2018 in courts, Crown Court, magistrates, news, sentencing, trials by sally

‘The Sentencing Council has published its assessment of the impact of its Allocation Guideline, under its statutory duty to monitor the operation and effect of its sentencing guidelines and to draw conclusions from this information.’

Sentencing Council, 6th March 2018

Source: www.sentencingcouncil.org.uk

Big gap between male and female lawyers in perception of gender equality progress, Law Society finds – Legal Futures

Posted March 8th, 2018 in equality, flexible working, legal profession, news, solicitors, women by sally

‘Three-quarters (74%) of male lawyers believe there has been progress on gender equality in the legal profession over the past five years but less than half (48%) of their female colleagues agree, a global survey has found.’

Legal Futures, 8th March 2018

Source: www.legalfutures.co.uk

Considerations for care homes on the charging of fees after death – Family Law

Posted March 8th, 2018 in care homes, competition, consultations, elderly, fees, news by sally

‘In the first of a regular Solicitors for the Elderly (SFE) column for Family Law Claire Davis, Director of SFE, considers the issue of care homes charging fees after death.’

Family Law, 5th March 2018

Source: www.familylaw.co.uk

Fluctuating hate crime figures prompt CPS and police to reexamine cases – Law Society’s Gazette

Posted March 8th, 2018 in Crown Prosecution Service, freedom of expression, hate crime, malicious communications, news, police, reports, statistics by sally

‘The Crown Prosecution Service is working with six police forces to reexamine their hate crime cases to see if the correct decisions were taken following a significant drop in referrals, the director of public prosecutions has revealed.’

Law Society's Gazette, 7th March 2018

Source: www.lawgazette.co.uk

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