Time to play by the rules? – New Law Journal
‘John Gould offers some advice on how to strike a balance between clarity & flexibility in recent changes to the solicitors’ rule book.’
New Law Journal, 27th July 2018
Source: www.newlawjournal.co.uk
One year on: 80% of tribunal refunds unpaid – Law Society’s Gazette
‘Thousands of claimants who paid fees to bring an employment tribunal claim continue to be out of pocket one year on from a damning Supreme Court ruling that rendered fees unlawful.’
Law Society's Gazette, 30th July 2018
Source: www.lawgazette.co.uk
Man freed on first day of acid attack trial in Liverpool – The Guardian
‘A judge has called on the Crown Prosecution Service to expand its review of disclosure failures after a man spent six months in prison accused of carrying out an acid attack only to be freed on the first day of his trial.’
The Guardian, 21st July 2018
Source: www.theguardian.com
First terrorism charges against ex-soldier who fought Islamic State fail as prosecutors offer no evidence – Daily Telegraph
‘A British ex-soldier accused of attending terrorist training camps run by militia fighting against Islamic State has had terrorism charges against him dropped.’
Daily Telegraph, 31st July 2018
Source: www.telegraph.co.uk
Modern slavery law review as gangs ‘evolve’ – BBC News
‘The UK’s modern slavery legislation is to be reviewed as criminal gangs find new ways to exploit victims, the Home Office has announced.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
Brexit white paper – Law Society’s Gazette
‘on 12 July, the government published its much-anticipated Brexit white paper on the future relationship between the UK and the EU. Secured in cabinet sessions at Chequers, the proposals broadly cover post-Brexit economic and security partnerships, cross-cutting cooperation, and institutional arrangements under the familiar but increasingly threadbare banner of ‘taking back control’. To the surprise of few, the plan was immediately criticised by Brexit hardliners as defeatist, diluted and dispirited. To the surprise of many, including the prime minister herself, it prompted the resignations of foreign secretary Boris Johnson and secretary of state for exiting the EU David Davis.’
Law Society's Gazette, 30th July 2018
Source: www.lawgazette.co.uk
UK teenager jailed for 17 years over fatal acid attack – The Guardian
‘A teenager has been jailed for 17 years after what is believed to be the first conviction for an acid attack killing in the UK.’
The Guardian, 1st August 2018
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Food and Rural Affairs (Miscellaneous Revocations) Regulations 2018
The Digital Government (Disclosure of Information) Regulations 2018
The Plant Health (England) (Amendment) (No. 3) Order 2018
The Pensions (Pre-consolidation) Order 2018
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2018
The Legal Officers (Annual Fees) Order 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme court
An NHS Trust & Ors v Y & Anor [2018] UKSC 46 (30 July 2018)
Court of Appeal (Civil Division)
MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018)
Hertel & Anor v Saunders & Anor [2018] EWCA Civ 1831 (31 July 2018)
X (A Child : FGMPO) [2018] EWCA Civ 1825 (31 July 2018)
Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 (30 July 2018)
Gertner v CFL Finance Ltd & Anor [2018] EWCA Civ 1781 (30 July 2018)
Ashdown & Ors v Griffin & Ors [2018] EWCA Civ 1793 (30 July 2018)
North Midland Building Ltd v Cyden Homes Ltd [2018[ EWCA Civ 1744 (30 July 2018)
Chernukhin & Orsr v Danilina [2018] EWCA Civ 1802 (30 July 2018)
Adecco UK Ltd & Ors v Revenue & Customs [2018] EWCA Civ 1794 (30 July 2018)
Court of Appeal (Criminal Division)
TL, R v [2018] EWCA Crim 1821 (31 July 2018)
High Court (Administrative Court)
Manak v Solicitors Regulation Authority [2018] EWHC 1958 (Admin) (31 July 2018)
Mustafa, R (On the Application Of) v Kent County Council [2018] EWHC 2025 (Admin) (31 July 2018)
Scott v United States of America [2018] EWHC 2021 (Admin) (31 July 2018)
High Court (Chancery Division)
Cool Seas (Seafoods) Ltd v Interfish Ltd & Ors [2018] EWHC 2038 (Ch) (31 July 2018)
Onzm v Watson & Ors [2018] EWHC 2016 (Ch) (31 July 2018)
Chadwick & Ors v Lypiatt Studio Ltd & Anor [2018] EWHC 1986 (Ch) (31 July 2018)
Standish & Ors v The Royal Bank of Scotland Plc & Anor [2018] EWHC 1829 (Ch) (30 July 2018)
Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch) (30 July 2018)
Sprint Electric Ltd v Buyer’s Dream Ltd & Anor [2018] EWHC 1924 (Ch) (30 July 2018)
Kent v Paterson-Brown & Anor [2018] EWHC 2008 (Ch) (30 July 2018)
High Court (Commercial Court)
Lloyd v Kruger [2018] EWHC 2011 (Comm) (27 July 2018)
High Court (Queen’s Bench Division)
Green v LIBS Ltd & Anor [2018] EWHC 1979 (QB) (31 July 2018)
SWS v Department for Work And Pensions [2018] EWHC 1998 (QB) (30 July 2018)
High Court (Technology and Construction Court)
Amey Highways Ltd West Sussex County Council [2018] EWHC 1976 (TCC) (30 July 2018)
Source: www.bailii.org
High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm – Litigation Futures
‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’
Litigation Futures. 30th July 2018
Source: www.litigationfutures.com
Judge criticises ‘generally unhelpful’ firm over application in VW case – Law Society’s Gazette
‘A Derbyshire firm involved in the group action case against car maker Volkswagen (VW) has been criticised for its ‘inconsistent, non-engaging and generally unhelpful’ conduct in an application to extend the timeframe for a service of claim.’
Law Society's Gazette, 31st July 2018
Source: www.lawgazette.co.uk
Against their will? – New Law Journal
‘Constance McDonnell uncovers a surprising scenario in the area of probate law.’
New Law Journal, 20th July 2018
Source: www.newlawjournal.co.uk
Judge takes over father’s cross-examination in case involving rape allegations – and it ends up being unfair on everyone involved – Transparency Project
‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’
Transparency Project, 30th July 2018
Source: www.transparencyproject.org.uk
Court allows police to reveal acquittals during record checks – The Guardian
‘Police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, the supreme court has ruled.’
The Guardian, 30th July 2018
Source: www.theguardian.com
The rise of private FDRs – Family Law
‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
999 calls: When do assurances of help give rise to a duty of care? – UK Police Law Blog
‘The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.’
UK Police Law Blog, 27th July 2018
Source: ukpolicelawblog.com
Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures
‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’
Legal Futures, 31st July 2018
Source: www.legalfutures.co.uk
Capacity in the context of Prader-Willi syndrome – Family Law
‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
UK loan-based crowdfunding platforms face tighter regulation – OUT-LAW.com
‘The largest loan-based crowdfunding platforms operating in the UK could be required to establish “an independent compliance function” and “independent risk and internal audit functions”, according to new rules proposed by the Financial Conduct Authority (FCA).’
OUT-LAW.com, 31st July 2018
Source: www.out-law.com
