Misogyny hate crime in Nottinghamshire gives ‘shocking’ results – BBC News

Posted July 9th, 2018 in hate crime, news, women by sally

‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’

Full Story

BBC News, 9th July 2018

Source: www.bbc.co.uk

UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian

Posted July 9th, 2018 in assisted reproduction, consumer protection, fees, news by sally

‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’

Full Story

The Guardian, 9th July 2018

Source: www.theguardian.com

Stephen Lawrence killer David Norris to get damages – BBC News

Posted July 6th, 2018 in assault, compensation, Ministry of Justice, news, personal injuries, prisons by sally

‘One of Stephen Lawrence’s killers has settled a claim with the Ministry of Justice after he was attacked in prison. David Norris suffered a broken nose and ribs at HMP Belmarsh in 2011 where he was being held on remand ahead of his trial for murder. He sued for damages, reported to be £10,000, after the assault.’

Full Story

BBC News, 6th July 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2018 in legislation by sally

The Transfer of Functions (Parliamentary Constituencies Act 1986) Order 2018

The Investigatory Powers Act 2016 (Commencement No. 6) Regulations 2018

The Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) (Amendment) Order 2018

The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018

The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 6th, 2018 in law reports by sally

Supreme Court

Goldman Sachs International v Novo Banco SA [2018] UKSC 34 (4 July 2018)

Belhaj & Anor v Director of Public Prosecutions & Anor [2018] UKSC 33 (4 July 2018)

Court of Appeal (Civil Division)

Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1587 (05 July 2018)

Interactive Technology Corporation Ltd v Ferster [2018] EWCA Civ 1594 (05 July 2018)

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] EWCA Civ 1556 (04 July 2018)

Holland And Barrett International Ltd & Anor v General Nutrition Investment Company [2018] EWCA Civ 1586 (04 July 2018)

Sainsbury’s Supermarkets Ltd v Mastercard Incorporated & Ors (Rev 1) [2018] EWCA Civ 1536 (04 July 2018)

AAA & Ors v Unilever Plc & Anor [2018] EWCA Civ 1532 (04 July 2018)

Court of Appeal (Criminal Division)

Alamgir & Ors, R v [2018] EWCA Crim 1553 (04 July 2018)

Mayers & Ors, R v [2018] EWCA Crim 1552 (04 July 2018)

Gordon, R v [2018] EWCA Crim 1555 (04 July 2018)

High Court (Administrative Court)

Saeed v SSHD [2018] EWHC 1707 (Admin) (05 July 2018)

Hutchinson & Anor, R (on the application of) v The Secretary of State for Health and Social Care & Anor [2018] EWHC 1698 (Admin) (05 July 2018)

Powys County Council v Hurst [2018] EWHC 1684 (Admin) (04 July 2018)

Teasdale v General Osteopathic Council [2018] EWHC 1679 (Admin) (04 July 2018)

Amrolia, R (on the application of) v HM Revenue & Customs [2018] EWHC 1688 (Admin) (04 July 2018)

High Court (Chancery Division)

Deane & Ors v Coutts & Co & Anor [2018] EWHC 1657 (Ch) (05 July 2018)

Chaston & Anor v Chaston [2018] EWHC 1672 (Ch) (05 July 2018)

Absolute Living Developments Ltd v DS7 Ltd & Ors [2018] EWHC 1717 (Ch) (05 July 2018)

Insurance Medical Reporting Ltd & Anor v Your Lawyers Ltd [2018] EWHC 1632 (Ch) (03 July 2018)

Hugh Cartwright & Amin v Devoy-Williams & Anor (Rev 1) [2018] EWHC 1692 (QB) (04 July 2018)High Court (Queen’s Bench Division)

Source: www.bailii.org

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 6th, 2018 in choice of forum, jurisdiction, news, Supreme Court by sally

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

Full Story

Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk

Council Resolutions – Local Government Law

Posted July 6th, 2018 in equality, local government, news, sanctions, statutory interpretation by sally

‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’

Full Story

Local Government Law, 4th July 2018

Source: local-government-law.11kbw.com

Lord Mayor’s Dinner for HM Judges July 2018: Lord Chancellor’s speech – Ministry of Justice

Posted July 6th, 2018 in courts, judiciary, London, rule of law, speeches by sally

‘Lord Chancellor and Justice Secretary David Gauke gave a speech at the Lord Mayor’s Dinner for HM Judges at Mansion House.’

Full speech

Ministry of Justice, 4th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Drink driver escapes jail for fourth time after blaming abortion and dyslexia – Daily Telegraph

Posted July 6th, 2018 in drunk in charge, news, sentencing, suspended sentences by sally

‘A drink driver escaped jail despite four convictions in three years after she blamed her behaviour on an abortion and a dyslexia diagnosis.’

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Daily Telegraph, 5th July 2018

Source: www.telegraph.co.uk

Family left woman to die in ‘disgusting’ house – BBC News

Posted July 6th, 2018 in families, news, sentencing, suspended sentences, wilful neglect by sally

‘A woman who was supposed to be cared for by her daughter and ex-husband was left to die in “disgusting conditions”, a court heard.’

Full Story

BBC News, 5th July 2018

Source: www.bbc.co.uk

Inquest jury condemns Surrey police over death of man placed in spit hood – The Guardian

Posted July 6th, 2018 in death in custody, inquests, news, police, restraint by sally

‘A jury has found that Surrey police seriously failed in its duty of care to a 33-year-old labourer who was handcuffed, placed in leg restraints and had a spit hood placed over his head in the hours before he died.’

Full Story

The Guardian, 5th July 2018

Source: www.theguardian.com

Back pay worth £1.44m owed to thousands of UK workers, official figures show – The Guardian

Posted July 6th, 2018 in fines, minimum wage, news, repayment by sally

‘About 22,400 UK workers were owed back pay worth £1.44m as a result of the underpayments – a record number of people found by HM Revenue & Customs to have fallen victim to illegally low pay.’

Full Story

The Guardian, 6th July 2018

Source: www.theguardian.com

City worker caught on CCTV dragging teenager into alley to rape her, jailed for eight years – The Independent

Posted July 6th, 2018 in news, rape, sentencing by sally

‘A married city worker who carried an 18-year-old woman into a dark alleyway where he raped and sexually assaulted her multiple times, has been jailed for eight years.’

Full Story

The Independent, 6th July 2018

Source: www.independent.co.uk

Appeal right essential where employee dismissed over right to work – OUT-LAW.com

Posted July 5th, 2018 in appeals, dismissal, employment, employment tribunals, immigration, news by sally

‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’

Full Story

OUT-LAW.com, 4th July 2018

Source: www.out-law.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by sally

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Losing out on loss of bargain when terminating in reliance upon contractual rights – Practical Law: Construction Blog

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’

Full Story

Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com

Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham – Supreme Court

Posted July 5th, 2018 in bills, disabled persons, human rights, judges, mental health, speeches, treaties by sally

‘Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham. Is it time for yet another Mental Health Act?’

Full speech

Supreme Court, 24th June 2018

Source: www.supremecourt.uk

Law reform needed to help leaseholders take control of their buildings – Law Commission

Posted July 5th, 2018 in landlord & tenant, Law Commission, leases, press releases by sally

‘Housing Secretary James Brokenshire has asked the Law Commission to look at improving the laws which allow leaseholders to manage their own buildings.The legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. But issues with the law have stopped its usage becoming widespread. And those who have taken up the option have found delays, costs and uncertainty.’

Full press release

Law Commission, 4th July 2018

Source: www.lawcom.gov.uk

New law to protect people with dementia and learning disabilities announced – Law Commission

‘Thousands of vulnerable people with dementia and learning disabilities will be given better protection by a new law announced today by the Government. The new Mental Capacity (Amendment) Bill, based on Law Commission recommendations, brings in extra protections for those who lack the mental capacity to make decisions about their care.’

Full press release

Law Commission, 3rd July 2018

Source: www.lawcom.gov.uk