Current Awareness – Page 1239 – Legal News selected by the Inner Temple Library

999 calls: When do assurances of help give rise to a duty of care? – UK Police Law Blog

Posted July 31st, 2018 in duty of care, emergency services, news, police by sally

‘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

Posted July 31st, 2018 in courts, dispute resolution, news, tribunals, video recordings by sally

‘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

UK loan-based crowdfunding platforms face tighter regulation – OUT-LAW.com

Posted July 31st, 2018 in consumer protection, financial regulation, loans, news by sally

‘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

UK couple jailed after trying to force daughter to marry – The Guardian

Posted July 31st, 2018 in forced marriages, news, sentencing, young persons by sally

‘A couple who tricked their teenage daughter into travelling to Bangladesh in an attempt to force her to marry her first cousin have been jailed.’

The Guardian, 30th July 2018

Source: www.theguardian.com

Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association

Posted July 31st, 2018 in constitutional law, constitutional reform, devolution, news, Supreme Court by sally

‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’

UK Constitutional Law Association, 30th July 2018

Source: ukconstitutionallaw.org

Consultation on new offence of intimidating Parliamentary candidates and campaigners – Local Government Lawyer

Posted July 31st, 2018 in consultations, elections, intimidation, news by sally

‘The government has launched a consultation on the introduction of a new offence in electoral law of intimidating Parliamentary candidates and party campaigners.’

Local Government Lawyer, 30th July 2018

Source: www.localgovernmentlawyer.co.uk

Crackdown on divorcing parents who ‘alienate’ children from former partners – Family Law

Posted July 31st, 2018 in children, families, news, residence orders by sally

‘Parents could have access to their children restricted if they try to turn them against their child’s other parent, under a trial process about to be rolled out by Cafcass, the Children and Family Court Advisory and Support Service.’

Family Law, 30th July 2018

Source: www.familylaw.co.uk

Barrister fined for failing to follow instructions – Legal Futures

Posted July 31st, 2018 in barristers, disciplinary procedures, fines, news, professional conduct by sally

‘An experienced criminal law barrister has been fined by a Bar disciplinary tribunal for failing to apply for a forfeiture order on behalf of his local authority client.’

Legal Futures, 31st July 2018

Source: www.legalfutures.co.uk

Grenfell Tower: Sentences for gross negligence manslaughter could increase after investigation into deadly fire – The Independent

Posted July 31st, 2018 in corporate manslaughter, fire, health & safety, homicide, housing, negligence, news, sentencing by sally

‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’

The Independent, 31st July 2018

Source: www.independent.co.uk

Garden Bridge backers ‘may have breached legal duties’ – The Guardian

Posted July 31st, 2018 in breach of trust, charities, London, news, transport by sally

‘The trustees of London’s garden bridge, including actor Joanna Lumley and the former Labour minister Lord Davies, could have breached their legal duties over the failed project, that cost taxpayers more than £40m, according to a leading lawyer.’

The Guardian, 31st July 2018

Source: www.theguardian.com

Ep. 40: How AI and algorithms impact on regulation and adjudication – Law Pod UK

Posted July 30th, 2018 in artificial intelligence, dispute resolution, news, podcasts by sally

‘Law and Political Science Professor Cary Coglianese from the University of Pennsylvania, and David Lehr, a research affiliate at the Penn Program on Regulation and a student at Yale Law School, join Rosalind English to speculate on how algorithms and artificial intelligence will impact on regulation and adjudication now and in the future.’

Law Pod UK, 27th July 2018

Source: audioboom.com

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

BAILII: Recent Decisions

Posted July 30th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018)

Deutsche Bank AG v Comune Di Savona [2018] EWCA Civ 1740 (27 July 2018)

High Court (Administrative Court)

Hall, R (On the Application Of) v Secretary of State for Justice [2018] EWHC 1905 (Admin) (27 July 2018)

Avaaz Foundation, R (On the Application Of) v The Office Of Communications (Ofcom)s [2018] EWHC 1973 (Admin) (27 July 2018)

Broomfield & Ors, R (On the Application Of) v Revenue And Customs [2018] EWHC 1966 (Admin) (27 July 2018)

Locke, R (On the Application Of) v Revenue And Customs [2018] EWHC 1967 (Admin) (27 July 2018)

High Court (Chancery Division)

Various Claimants v Scott Fowler Solicitors (a firm) & Ors [2018] EWHC 1891 (Ch) (27 July 2018)

Lehman Brothers International (Europe), Re [2018] EWHC 1980 (Ch) (27 July 2018)

High Court (Commercial Court)

Sodzawiczny v Ruhan & Ors [2018] EWHC 1908 (Comm) (26 July 2018)

High Court (Family Division)

PS v BP [2018] EWHC 1987 (Fam) (27 July 2018)

A (Relinquished Baby: Risk of Domestic Abuse) [2018] EWHC 1981 (Fam) (27 July 2018)

High Court (Queen’s Bench Division)

Bright v Bourn [2018] EWHC 1948 (QB) (27 July 2018)

Sube & Anor v News Group Newspapers Ltd & Anor [2018] EWHC 1961 (QB) (27 July 2018)

High Court (Technology and Construction Court)

SRCL Ltd v The National Health Service Commissioning Board (NHS) [2018] EWHC 1985 (TCC) (27 July 2018)

Source: www.bailii.org

New balance of probabilities test for suicide verdict – Owain Thomas QC – UK Human Rights Blog

Posted July 30th, 2018 in inquests, news, standard of proof, suicide by sally

‘The received wisdom, supported by all leading texts on coroner’s law is that in order for a Coroner or jury to return a verdict of suicide in an inquest, the fact that the deceased deliberately took his own life must be established beyond a reasonable doubt, or in other words, to the criminal standard of proof.’

UK Human Rights Blog, 28th July 2018

Source: ukhumanrightsblog.com

Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog

Posted July 30th, 2018 in disability discrimination, news, proportionality, repossession by sally

‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’

Zenith PI Blog, 27th July 2018

Source: zenithpi.wordpress.com

Barnier rejects UK’s Brexit customs plan – OUT-LAW.com

Posted July 30th, 2018 in brexit, customs and excise, EC law, news by sally

‘The UK’s proposed post-Brexit customs arrangements with the EU have been rejected by Michel Barnier, the EU27’s chief Brexit negotiator.’

OUT-LAW.com, 27th July 2018

Source: www.out-law.com

UK judges will no longer have to rule in vegetative state decisions – The Guardian

Posted July 30th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Judges will no longer need to be consulted when doctors and relatives of patients in a vegetative state agree that life-supporting treatment should be ended.’

The Guardian, 30th July 2018

Source: www.theguardian.com

A tribute to Sir James Munby – the people’s president – Family Law

Posted July 30th, 2018 in family courts, judges, news by sally

‘Sir James Munby retires as President of the Family Division having had an undeniable impact on family justice reform. Stepping into the role at a time of unprecedented change, Sir James has not shied away from the difficulties of the role, often under the harsh spotlight of media attention.’

Family Law, 27th July 2018

Source: www.familylaw.co.uk

Rise of middle-aged cohabitants driven by men’s fear of divorce settlements – Daily Telegraph

Posted July 30th, 2018 in cohabitation, divorce, news by sally

‘Men fearing losing half their assets in divorce means there are growing numbers of cohabiting middle-aged couples, lawyers say.’

Daily Telegraph, 27th July 2018

Source: www.telegraph.co.uk

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