Financial regulator mulls ‘duty of care’ and new damages regime – OUT-LAW.com

Posted July 24th, 2018 in consultations, consumer protection, damages, duty of care, financial regulation, news by sally

‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’

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OUT-LAW.com, 23rd July 2018

Source: www.out-law.com

Vicarious liability: Banking on bright lines – UK Human Rights Blog

Posted July 24th, 2018 in banking, medical treatment, news, sexual offences, vicarious liability by sally

‘A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank. The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders. The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.’

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UK Human Rights Blog, 24th July 218

Source: ukhumanrightsblog.com

Land Registration Act shape up could build on fraud fighting efforts and make conveyancing better for everyone – Law Commission

Posted July 24th, 2018 in bills, conveyancing, fraud, land registration, press releases by sally

‘Property fraudsters could be stopped in their tracks by technical fixes of the law, according to the Law Commission. The independent legal body say HM Land Registry has had to fork out close to £60million in indemnity payments because of fraud over the past decade. As a result, it’s recommending measures to help prevent fraud from taking place in registered land, alongside wider technical changes to the law which will make conveyancing “faster, easier and cheaper for everyone”.’

Full press release

Law Commission, 24th July 2018

Source: www.lawcom.gov.uk/

Transparency report on disruptive and investigatory powers published – Home Office

Posted July 24th, 2018 in intelligence services, investigatory powers, press releases, reports by sally

The government has published the third iteration of its transparency report on the use of disruptive and investigatory powers.’

Full press release

Home Office, 23rd July 2018

Source: www.gov.uk/home-office

Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service

Posted July 24th, 2018 in codes of practice, Crown Prosecution Service, disclosure, evidence, press releases, telecommunications by sally

‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’

Full press release

Crown Prosecution Service, 23rd July 2018

Source: www.cps.gov.uk

Next Director of the CPS announced – Attorney General’s Office

Posted July 24th, 2018 in barristers, Crown Prosecution Service, press releases by sally

‘Max Hill QC has been appointed as the next Director of Public Prosecutions .’

Full press release

Attorney General’s Office, 24th July 2018

Source: www.gov.uk/ago

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by sally

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Bob Higgins trial: Ex-football coach guilty of sex assault charge – BBC News

Posted July 24th, 2018 in child abuse, news, retrials, sexual offences, sport by sally

‘A former Southampton football club youth coach has been found guilty of indecently assaulting a young trainee.’

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BBC News, 23rd July 2018

Source: www.bbc.co.uk

Offshore owners of British property to be forced to reveal names – The Guardian

Posted July 24th, 2018 in bills, disclosure, money laundering, news by sally

‘Offshore owners of British property will be forced to reveal their true identities or face jail sentences and unlimited fines under draft laws that aim to end the UK’s reputation as a high-risk jurisdiction for money laundering.’

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The Guardian, 23rd July 2018

Source: www.theguardian.com

Canvey teenager jailed for crashing BMW into five men – BBC News

Posted July 24th, 2018 in careless driving, news, sentencing, young persons by sally

‘A teenager has been jailed for three years and three months after he “ploughed into” five men while driving his father’s BMW.’

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BBC News, 23rd July 2018

Source: www.bbc.co.uk

UK may face legal challenge over US extradition of Isis pair – The Guardian

Posted July 24th, 2018 in criminal justice, death penalty, evidence, extradition, foreign jurisdictions, human rights, news, terrorism by sally

‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’

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The Guardian, 24th July 2018

Source: www.theguardian.com

Plenty of Fish rapist Lee Savage jailed – BBC News

Posted July 24th, 2018 in news, rape, sentencing, sexual offences by sally

‘A “sexual sadist” has been jailed for raping three women he met through the internet dating website Plenty of Fish.’

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BBC News, 23rd July 2018

Source: www.bbc.com

Immigrants being restrained during deportation ‘with little justification’, says prisons watchdog – The Independent

Posted July 24th, 2018 in deportation, immigration, news, reports, restraint by sally

‘Immigrants being deported from the UK are being strapped into restraint belts “with little justification”, according to a highly critical report on the use of chartered flights for forced removals.’

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The Independent, 24th July 2018

Source: www.independent.co.uk

New Acts – legislation.gov.uk

Posted July 23rd, 2018 in legislation by sally

Domestic Gas and Electricity (Tariff Cap) Act 2018

Supply and Appropriation (Main Estimates) Act 2018

Haulage Permits and Trailer Registration Act 2018

Automated and Electric Vehicles Act 2018

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 23rd, 2018 in legislation by sally

The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018

The Armed Forces Act 2016 (Commencement No. 2) Regulations 2018

The Machine Games Duty (Amendment) (EU Exit) Regulations 2018

The Companies (Miscellaneous Reporting) Regulations 2018

The Code of Practice for the Welfare of Laying Hens and Pullets (Appointed Day and Revocation) (England) Order 2018

The British Nationality (General) (Amendment) Regulations 2018

The Safety of Sports Grounds (Designation) (Amendment) Order 2018

The Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018

The Investigatory Powers Act 2016 (Commencement No. 7 and Transitional and Saving Provisions) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 23rd, 2018 in law reports by sally

Court of Appeal (Civil Division)

Tager & Anor v Revenue And Customs [2018] EWCA Civ 1727 (20 July 2018)

The Freedom And Justice Party & Ors R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs & Anor [2018] EWCA Civ 1719 (19 July 2018)

Faulkner, R (on the application of) v Director of Legal Aid Casework [2018] EWCA Civ 1656 (19 July 2018)

Whitehall Court London Ltd v The Crown Estate Commissioners [2018] EWCA Civ 1704 (19 July 2018)

Egeneonu v Egeneonu [2018] EWCA Civ 1714 (18 July 2018)

Court of Appeal (Criminal Division)

Ghulam & Ors v R [2018] EWCA Crim 1691 (20 July 2018)

Tunstill, R v [2018] EWCA Crim 1696 (19 July 2018)

High Court (Administrative Court)

Plan B Earth & Ors, R (on the application of) v Secretary of State for Business, Energy And Industrial Strategy [2018] EWHC 1892 (Admin) (20 July 2018)

Kohler, R (On the Application Of) v Mayor’s Office for Policing and Crime [2018] EWHC 1881 (Admin) (20 July 2018)

High Court (Patents Court)

Koninklijke Philips NV v Asustek Computer Incorporation & Ors [2018] EWHC 1826 (Pat) (19 July 2018)

Liqwd Inc & Anor v L’Oreal (UK) Ltd & Anor [2018] EWHC 1845 (Pat) (19 July 2018)

High Court (Queen’s Bench Division)

Barclay v Tuck [2018] EWHC 1852 (QB) (20 July 2018)

McDermott v Inhealth Ltd [2018] EWHC 1835 (QB) (19 July 2018)

Laws v Williams & Anor [2018] EWHC 1871 (QB) (18 July 2018)

Source: www.bailii.org

Anti-money laundering crackdown should be more focused on most suspicious activity – Law Commission

Posted July 23rd, 2018 in consultations, enforcement, Law Commission, money laundering, press releases by sally

‘Anti-money laundering laws should be streamlined and strengthened to help law enforcement agencies to focus on serious crime, say the Law Commission.’

Full press release

Law Commission, 20th July 2018

Source: www.lawcom.gov.uk

Attorney retrospective approval of gifts from donor accounts – Family Law

Posted July 23rd, 2018 in attorney general, carers, gifts, news, volunteers by sally

‘What are the rules governing retrospective approval of gifts and payments for voluntary care? Simon Edwards, barrister at 39 Essex Chambers, discusses Re HH (attorney’s application for retrospective approval) [2018] EWCOP 13 which demonstrates the necessity for someone who has power of attorney to retain proper records of care payments.’

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Family Law, 20th July 2018

Source: www.familylaw.co.uk

Businesses quit UK courts in droves as Brexit looms – Law Society’s Gazette

Posted July 23rd, 2018 in brexit, choice of forum, dispute resolution, EC law, news by sally

‘Businesses are already changing contracts so that disputes are heard in the European Union rather than the UK, according to a survey published today. Research from Thomson Reuters Legal found the UK’s decision to leave the EU is making business leaders questions whether London is still the best option as a global centre for dispute resolution.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

CPS apologises to Girls Aloud star for not prosecuting stalker – The Guardian

Posted July 23rd, 2018 in Crown Prosecution Service, harassment, news, prosecutions, stalking by sally

‘The Crown Prosecution Service (CPS) has apologised to Girls Aloud singer Nicola Roberts for not prosecuting an ex-boyfriend accused of violating a restraining order for stalking her.’

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The Guardian, 22nd July 2018

Source: www.theguardian.com