One court, one judiciary? – New Law Journal

Posted July 10th, 2018 in civil justice, courts, dispute resolution, judiciary, news, tribunals by sally

‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’

Full Story

New Law Journal, 6th July 2018

Source: www.newlawjournal.co.uk

High Court orders indemnity costs against claimant that discontinued on eve of hearing – Litigation Futures

Posted July 10th, 2018 in airlines, costs, fraud, indemnities, news by sally

‘Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions.’

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Litigation Futures, 10th July 2018

Source: www.litigationfutures.com

Post-Brexit settlement scheme for EU nationals – Technology Law Update

Posted July 10th, 2018 in brexit, EC law, families, immigration, news, treaties by sally

‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’

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Technology Law Update, 9th July 2018

Source: www.technology-law-blog.co.uk

Prisoners to get phones in cells in bid to curb violence – BBC News

Posted July 10th, 2018 in human rights, news, prisons, reports, telecommunications, violent disorder by sally

‘Thousands of prisoners will be able to make calls from their cells, as part of government plans to reduce violence and crime in prisons in England and Wales.’

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BBC News, 10th July 2018

Source: www.bbc.co.uk

UK counter-terror bill risks criminalising curiosity – watchdog – The Guardian

Posted July 10th, 2018 in bills, human rights, news, reports, select committees, terrorism by sally

‘Academics, journalists and those with “inquisitive and foolish minds” would be at risk of prosecution and prison sentences of up to 15 years under proposed counter-terrorism laws, a parliamentary human rights watchdog has said.’

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The Guardian, 10th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 9th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Lehtimäki v The Children’s Investment Fund Foundation (UK) & Ors [2018] EWCA Civ 1605 (06 July 2018)

Waterstone Estates Ltd v The Welsh Ministers [2018] EWCA Civ 1571 (06 July 2018)

High Court (Administrative Court)

Principled Offsite Logistics Ltd, R (On the Application Of) v Trafford Council [2018] EWHC 1687 (Admin) (06 July 2018)

United States of America v Dempsey [2018] EWHC 1724 (Admin) (06 July 2018)

Nicola Squire v Shropshire Council [2018] EWHC 1730 (Admin) (06 July 2018)

High Court (Chancery Division)

PJSC Aeroflot – Russian Airlines v Leeds & Anor (Trustees of the estate of Boris Berezovsky) & Ors [2018] EWHC 1735 (Ch) (06 July 2018)

Consolidated Developments Ltd v Cooper [2018] EWHC 1727 (Ch) (06 July 2018)

High Court (Commercial Court)

Sixteenth Ocean GmbH & Co Kg v Société Générale [2018] EWHC 1731 (Comm) (06 July 2018)

High Court (Queen’s Bench Division)

Morgan v Associated Newspapers Ltd [2018] EWHC 1725 (QB) (06 July 2018)

Hugh Cartwright & Amin v Devoy-Williams & Anor (Rev 1) [2018] EWHC 1692 (QB) (04 July 2018)

Source: www.bailii.org

Barristers divided over value of mentorship – Legal Futures

Posted July 9th, 2018 in barristers, continuing professional development, news by sally

‘A survey of a compulsory barristers’ mentoring scheme has found a wide divergence of perceptions between the newly-qualified and experienced advocates questioned, with even answers to identical questions receiving very different replies.’

Full Story

Legal Futures, 9th July 2018

Source: www.legalfutures.co.uk

Insurer demands ‘more backing’ to battle dishonest claims – Law Society’s Gazette

Posted July 9th, 2018 in insurance, news, personal injuries by sally

‘A leading insurer has called for extra support from the judicial process if defendants are effectively to contest spurious personal injury claims.’

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Law Society's Gazette, 7th July 2018

Source: www.lawgazette.co.uk

Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project

‘Twitter commentators asked questions last week of a BBC headline:

Thousands misusing abuse orders to get legal aid, says parenting charity

And the ‘click-bait’ opening sentence of the story itself:

Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’

Full Story

Transparency Project, 9th July 2018

Source: www.transparencyproject.org.uk

Council defends decision to revoke premises licence after test purchase failures – Local Government Lawyer

Posted July 9th, 2018 in licensing, local government, news by sally

‘A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.’

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Local Government Lawyer, 6th July 2018

Source: www.localgovernmentlawyer.co.uk

The right to die – who decides? – UK Human Rights Blog

Posted July 9th, 2018 in assisted suicide, bills, human rights, news, proportionality by sally

‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’

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UK Human Rights Blog, 9th July 2018

Source: ukhumanrightsblog.com

Church of England ombudsman to oversee sexual abuse cases – The Guardian

Posted July 9th, 2018 in child abuse, Church of England, clergy, news, ombudsmen, personal injuries by sally

‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’

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The Guardian, 7th July 2018

Source: www.theguardian.com

Good and bad news for Civil Liability Bill opponents – Legal Futures

‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’

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Legal Futures, 6th July 2018

Source: www.legalfutures.co.uk

Coldstream Guard jailed for 19 years for Windsor rape – BBC News

Posted July 9th, 2018 in news, rape, sentencing by sally

‘A Coldstream Guards soldier who had been “prowling the streets” looking for “a lone female” before raping a woman has been jailed for 19 years.’

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BBC News, 6th July 2018

Source: www.bbc.co.uk

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.’

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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.’

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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