Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

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Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Whiplash reforms delayed a year to April 2020 – Legal Futures

Posted July 17th, 2018 in delay, news, personal injuries, small claims by sally

‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’

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Legal Futures, 17th July 2018

Source: www.legalfutures.co.uk

Judicial Protocol update: Expedition of Cases Involving Witnesses Under 10 Years – Courts and Tribunals Judiciary

Posted July 17th, 2018 in children, courts, press releases, reports, witnesses by sally

‘A Protocol between The National Police Chiefs’ Council, The Crown Prosecution Service and Her Majesty’s Courts & Tribunals Service to Expedite Cases Involving Witnesses Under 10 Years.’

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Courts and Tribunals Judiciary, 13th July 2018

Source: www.judiciary.uk

Daughters in legal bid for House of Lords seat rights – BBC News

‘Five daughters of hereditary peers are to challenge a law that stops them from being elected to the House of Lords. They are taking the government to the European Court of Human Rights in a bid to end the system of male primogeniture which has resulted in almost all titles being passed to male heirs.’

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BBC News, 16th July 2018

Source: www.bbc.co.uk

Transgender van driver sues for gig economy discrimination – BBC News

Posted July 17th, 2018 in bullying, employment, harassment, news, transgender persons by sally

‘A transgender woman who worked as a van driver in the gig economy is bringing a discrimination claim against courier company Gnewt Cargo.’

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BBC News, 17th July 2018

Source: www.bbc.co.uk

Safestyle UK: Window firm fined for ‘aggressive sales’ – BBC News

Posted July 17th, 2018 in advertising, consumer protection, fines, news, regulations by sally

‘A double-glazing windows and doors firm which used aggressive sales techniques and lied to customers to secure sales has been fined £120,000. Sheffield Crown Court heard Safestyle UK employees used a variety of “unlawful business practices” to apply pressure to homeowners.

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BBC News, 16th July 2018

Source: www.bbc.co.uk

ICC crime of aggression comes into effect without key signatories – The Guardian

Posted July 17th, 2018 in crime, international courts, news, treaties, war crimes by sally

‘A crime of aggression, under which politicians and military leaders can be held individually responsible for invasions and other major attacks, comes into force at the international criminal court, reviving global legal powers last exercised at the Nuremburg and Tokyo war crimes trials of the 1940s. Claims alleging that armed force has been used against the “sovereignty, territorial integrity or political independence” of another state can, from Tuesday, be taken to the tribunal in The Hague.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Failure to enforce law means older workers face discrimination – report – The Guardian

Posted July 17th, 2018 in age discrimination, elderly, employment, enforcement, news, reports by sally

‘Government ministers and Britain’s equalities watchdog are failing to save more than a million older workers from discrimination, bias and outdated employment practices, according to a group of MPs. In a highly critical report for the government, the women and equalities committee said the talents of older workers were going to waste because too little was being done to enforce discrimination law.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Editing human embryos ‘morally permissible’ – BBC News

Posted July 17th, 2018 in assisted reproduction, embryology, news, reports by sally

‘An inquiry into the ethical issues surrounding genetically altering a human embryo has found there is “no absolute reason not to pursue it”. But appropriate measures must be put in place before it becomes UK law, said the report – which calls for further research both medically and socially.’

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BBC News, 17th July 2018

Source: www.bbc.co.uk

Rape and domestic violence victims at risk as police fail to record tens of thousands of crimes, watchdog finds – The Independent

Posted July 17th, 2018 in crime, domestic violence, news, police, rape, sexual offences, statistics, victims by sally

‘Victims are being left at risk by the police’s failure to investigate tens of thousands of crimes, including rape, violence and domestic abuse, a watchdog has warned.HM Inspectorate of Constabulary (HMIC) found that almost one in five crimes reported to Lincolnshire Police were not being formally recorded, meaning they are not investigated and victims cannot access support.’

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The Independent, 17th July 2018

Source: www.independent.co.uk

MPs’ anti-bullying rules will cover Speaker, Leadsom suggests – The Guardian

Posted July 17th, 2018 in bullying, news, parliament, professional conduct by sally

‘New rules to stop MPs from bullying and harassing staff will cover the office of the Speaker, meaning that any future complaints about John Bercow would have to be investigated, the leader of the Commons has suggested.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Alex Salmond Show tweets misled audience, says watchdog Ofcom – BBC News

Posted July 17th, 2018 in complaints, media, news by sally

‘The Alex Salmond Show on Kremlin-backed TV channel RT breached broadcasting rules, media watchdog Ofcom has ruled. The regulator investigated “audience tweets” used in the former Scottish first minister’s show on the Russian broadcaster, which aired last year. It found they were presented as having come from viewers, but most were posted by people working on the programme.’

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BBC News, 16th July 2018

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 16th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [2018] EWCA Civ 1660 (13 July 2018)

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 (13 July 2018)

High Court (Administrative Court)

TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon [2018] EWHC 1791 (Admin) (13 July 2018)

KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018)

AS, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1792 (Admin) (13 July 2018)

Jones, R (on the application of) v Criminal Cases Review Commission [2018] EWHC 1798 (Admin) (13 July 2018)

High Court (Chancery Division)

Mercato Sports (UK) Ltd & Anor v The Everton Football Club Company Ltd [2018] EWHC 1567 (Ch) (12 July 2018)

High Court (Commercial Court)

Single Buoy Moorings Inc v Aspen Insurance UK Ltd [2018] EWHC 1763 (Comm) (13 July 2018)

Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) (13 July 2018)

PAO Tatneft v Ukraine [2018] EWHC 1797 (Comm) (13 July 2018)

Source: www.bailii.org

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in housing, judicial review, local government, news by sally

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Facing up to it – Nearly Legal

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Rulings clarify scope of employers’ disability duties – OUT-LAW.com

Posted July 16th, 2018 in disabled persons, employment, equality, news by sally

‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’

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OUT-LAW.com, 13th July 2018

Source: www.out-law.com

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in community care, health, news, public procurement by sally

‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’

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Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by sally

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

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Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in disabled persons, legal profession, news by sally

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

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Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

The scale and drivers of attrition in reported fraud and cyber crime – Home Office

Posted July 16th, 2018 in computer crime, fraud, reports by sally

‘Outlines findings from a research study looking at the level of attrition in fraud and cyber crime cases reported to Action Fraud..’

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Home Office, 16th July 2018

Source: www.gov.uk/home-office