Late and late again – intentional homelessness and benefit claims – Nearly Legal

Posted July 11th, 2018 in adjournment, delay, homelessness, local government, news by sally

‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’

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Nearly Legal, 10th July 2018

Source: nearlylegal.co.uk

Appeals on a point of law in arbitration and adjudication – Practical Law: Construction Blog

Posted July 11th, 2018 in construction industry, dispute resolution, news by sally

‘One of the recurring themes on this blog is looking at what happens in arbitration and drawing parallels with what happens in adjudication. It is something that really interests me as I act as both adjudicator and arbitrator. This week is no different and I am looking at the judgment in Fehn Schiffahrts GmbH & Co KG v Romani SPA, where the Commercial Court allowed an appeal on a point of law under section 69 of the Arbitration Act 1996 and remitted the award back to the three-person tribunal.’

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Practical Law: Construction Blog, 10th July 2018

Source: constructionblog.practicallaw.com

Legal challenge to the Undercover Police Inquiry — will it succeed? – UK Human Rights Blog

Posted July 11th, 2018 in diversity, inquiries, news, police, spying by sally

‘It was reported on Thursday, 5 July 2018, that three core participants in the Undercover Policing Inquiry are intending to launch a legal challenge against the Home Secretary’s decision not to appoint a panel to sit with the Chair, Sir John Mitting. They say a diverse panel is needed who will better understand the issues of racism, sexism and class discrimination that the inquiry will inevitably raise. So where has this challenge come from, and is it likely to succeed?’

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UK Human Rights Blog, 10th July 2018

Source: ukhumanrightsblog.com

Justice Secretary launches fresh crackdown on crime in prison – speech – Ministry of Justice

Posted July 11th, 2018 in drug abuse, prisons, rehabilitation, sentencing, speeches by sally

‘Justice Secretary launches fresh crackdown on crime in prison – speech.’

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Ministry of Justice, 10th July 2018

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

Council not required to disclose advice of independent person: Tribunal – Local Government Lawyer

Posted July 11th, 2018 in data protection, freedom of information, local government, news, public interest by sally

‘Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.’

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Local Government Lawyer, 10th July 2018

Source: www.localgovernmentlawyer.co.uk

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets – Family Law

Posted July 11th, 2018 in confiscation, divorce, fraud, matrimonial home, news, proceeds of crime by sally

‘The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.’

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Family Law, 11th July 2018

Source: www.familylaw.co.uk

Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette

Posted July 11th, 2018 in costs, injunctions, news, proportionality by sally

‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Inquiry condemns school that barred A-level pupils – The Guardian

Posted July 11th, 2018 in examinations, inquiries, news, school exclusions by sally

‘An independent inquiry into a top grammar school, which was revealed by a Guardian investigation to be forcing out pupils who were unlikely to get top grades at A-level, has delivered a damning report accusing the school of illegally treating its students as “collateral damage” in the pursuit of its own interests.’

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The Guardian, 10th July 2018

Source: www.theguardian.com

MPs want new watchdog to root out research misconduct – The Guardian

Posted July 11th, 2018 in fraud, news, select committees, universities by sally

‘A national watchdog that has the power to punish British universities for failing to tackle research misconduct is needed to ensure that sloppy practices and outright fraud are caught and dealt with fast, MPs say.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

Mother and grandmother found guilty of killing teenager ‘left to rot to death’ in bed – The Independent

Posted July 11th, 2018 in causing death of children or vulnerable adults, families, homicide, news by sally

‘The mother and grandmother of a teenager who died after being “left to rot to death” on an inflatable mattress at their house in Leeds have been convicted of manslaughter.’

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The Independent, 10th July 2018

Source: www.independent.co.uk

Facebook fined for data breaches in Cambridge Analytica scandal – The Guardian

Posted July 11th, 2018 in data protection, fines, internet, news by sally

‘Facebook is to be fined £500,000, the maximum amount possible, for its part in the Cambridge Analytica scandal, the information commissioner has announced.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 10th, 2018 in law reports by sally

Court of Appeal (Civil Division)

London & Ilford Ltd v Sovereign Property Holdings Ltd [2018] EWCA Civ 1618 (10 July 2018)

Court of Appeal (Criminal Division)

Butt v R [2018] EWCA Crim 1617 (10 July 2018)

Jones v R [2018] EWHC Crim 1599 (06 July 2018)

High Court (Administrative Court)

AA, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 1739 (Admin) (06 July 2018)

High Court (Chancery Division)

Robinson v EMW Law LLP [2018] EWHC 1757 (Ch) (10 July 2018)

High Court (Family Division)

BA & Anor v JA & Ors (female genital mutilation protection orders and immigration appeals) [2018] EWHC 1754 (Fam) (03 July 2018)

The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam) (22 June 2018)

High Court (Patents Court)

Koninklijke Philips NV v Asustek Computer Inc. & Ors [2018] EWHC 1732 (Pat) (10 July 2018)

Court (Queen’s Bench Division)

JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)

Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) (09 July 2018)

High Court (Technology and Construction Court)

Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd [2018] EWHC 1602 (TCC) (06 July 2018)

Source: www.bailii.org

Court of Justice finds UK transgender state pension law discriminatory – Family Law

Posted July 10th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’

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Family Law, 10th July 2018

Source: www.familylaw.co.uk

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Pay defence practitioners earlier to improve disclosure – attorney general – Law Society’s Gazette

Posted July 10th, 2018 in attorney general, barristers, crime, disclosure, legal aid, news, remuneration, select committees by sally

‘Redesigning the legal aid system to pay defence practitioners earlier in a case could help to tackle long-standing disclosure challenges, the attorney general has told MPs.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

Five lawyers including two solicitors appointed High Court judges – Local Government Lawyer

Posted July 10th, 2018 in appeals, judiciary, news, solicitors by sally

‘Five new High Court judges have been approved this week following elevations to the Court of Appeal and confirmed retirements.’

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Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes village green registration over ‘trigger event’ – Local Government Lawyer

Posted July 10th, 2018 in commons, local government, news, planning by sally

‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’

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Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

Rights holders face extra burdens under new WHOIS data plan – OUT-LAW.com

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

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OUT-LAW.com, 10th July 2018

Source: www.out-law.com

Woman harassed for 12 years by online date gets damages – BBC News

Posted July 10th, 2018 in damages, harassment, internet, news by sally

‘A woman who was harassed for 12 years by a man she met through an online dating website is to receive damages.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

Battle lines drawn as papers filed in VW case – Law Society’s Gazette

Posted July 10th, 2018 in class actions, compensation, consumer protection, environmental protection, news by sally

‘The law firm taking Volkswagen (VW) to court on behalf of more than 50,000 UK car owners has accused the car giant of insulting consumers’ intelligence by refusing to admit wrongdoing in the alleged emissions cheating scandal.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk