Bar Council backs Justice Committee concerns over increasing small claims limit – The Bar Council

Posted May 18th, 2018 in personal injuries, press releases, select committees, small claims by sally

‘Yesterday’s report from the Justice Select Committee highlighted concerns over plans to increase the small claims limit to £5,000 which, according to the Bar Council, could undermine access to justice for those injured in accidents.’

Full press release

The Bar Council, 18th May 2018

Source: www.barcouncil.org.uk

CPS fined £325k for losing DVDs containing victim interviews – Law Society’s Gazette

Posted May 18th, 2018 in encryption, fines, news, victims, video recordings by sally

‘The Crown Prosecution Service has been fined £325,000 by the Information Commissioner’s Office for losing unencrypted DVDs containing interviews with 15 victims of child sex abuse to be used at a trial. The sanction comes just over two years after being fined £200,000 for losing sensitive material.’

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Law Society's Gazette, 17th May 2018

Source: www.lawgazette.co.uk

Oxford student wrongly accused of rape endured two years of hell because police were too busy with Jimmy Savile cases – Daily Telegraph

Posted May 18th, 2018 in Crown Prosecution Service, delay, evidence, news, police, prosecutions, rape, reports by sally

‘An Oxford University student spent two years on bail accused of rape because police claimed they were too busy dealing with other reports in the wake of the Jimmy Savile scandal, a damning report has revealed.’

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Daily Telegraph, 17th May 2018

Source: www.telegraph.co.uk

Man jailed for murder of bartender in London park at Christmas – The Guardian

Posted May 18th, 2018 in guilty pleas, murder, news, sentencing by sally

‘A man has been jailed for life with a minimum of 29 years at the after he admitted killing a bartender in a park as she made her way home at Christmas.’

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The Guardian, 17th May 2018

Source: www.theguardian.com

Competition watchdog launches investigation into Sainsbury’s-Asda merger – The Independent

Posted May 18th, 2018 in competition, mergers, news by sally

‘The Competition and Markets Authority said it will be considering whether the merger could result in a substantial lessening of competition within any market or markets in the UK for goods or services.’

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The Independent, 18th May 2018

Source: www.independent.co.uk

Home Office suspends immigration checks on UK bank accounts – The Guardian

Posted May 18th, 2018 in banking, immigration, news by sally

‘The Home Office is to suspend controversial immigration checks on thousands of bank accounts in the wake of the Windrush scandal. The department is in the process of contacting banks and building societies to instruct them to reduce the scope of the checks, which were introduced as part of Theresa May’s plans to create a “hostile environment” for illegal immigrants.’

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The Guardian, 17th May 2018

Source: www.theguardian.com

Former policeman jailed after filming himself raping woman – Daily Telegraph

Posted May 18th, 2018 in news, rape, sentencing, video recordings by sally

‘A former special constable filmed himself raping a drunken woman who thought she was having sex with another man, a court heard.’

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Daily Telegraph, 17th May 2018

Source: www.telegraph.co.uk

Woman whose acid attack on ex-lover left him in such pain he took own life is cleared of murder – Daily Telegraph

Posted May 18th, 2018 in hazardous substances, murder, news, suicide by sally

‘A jealous woman whose ex-boyfriend ended his life after she threw acid over him has been cleared of murder as photographs emerged of the scorched bed where he was attacked.’

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Daily Telegraph, 17th May 2018

Source: www.telegraph.co.uk

Met Police ordered to hold disciplinary hearing for officer who shot man dead during attempted prison break – The Independent

Posted May 18th, 2018 in disciplinary procedures, firearms, fugitive offenders, news, police by sally

‘A police watchdog has provoked outrage among critics by ordering a gross misconduct hearing for an officer who shot a man dead during an attempted prison break.’

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The Independent, 17th May 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 17th, 2018 in legislation by sally

The Road Vehicles (Construction and Use) (Amendment) Regulations 2018

The Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 17th, 2018 in law reports by sally

Supreme Court

Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 (16 May 2018)

Gallaher Group Ltd & Ors, R (on the application of) v The Competition and Markets Authority [2018] UKSC 25 (16 May 2018)

Court of Appeal (Civil Division)

Baker & Anor v Craggs (Rev 1) [2018] EWCA Civ 1126 (16 May 2018)

High Court (Chancery Division)

Rollerteam Ltd & Anor v Riley & Anor [2018] EWHC 1065 (Ch) (16 May 2018)

South Downs Trustees Ltd v GH & Ors [2018] EWHC 1064 (Ch) (16 May 2018)

High Court (Queen’s Bench Division)

Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB) (16 May 2018)

Source: www.bailii.org

Village Green – Local Government Law

Posted May 17th, 2018 in commons, land registration, local government, news by sally

‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’

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Local Government Law, 16th May 2018

Source: local-government-law.11kbw.com

New UK trade secrets laws imminent – OUT-LAW.com

Posted May 17th, 2018 in consultations, EC law, intellectual property, legislation, news, regulations by sally

‘New trade secrets laws are scheduled to be published by the UK government before the end of this month.’

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OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by sally

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

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OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Morrisons group action: claimants win, but get only 40% of their costs – Panopticon

Posted May 17th, 2018 in class actions, compensation, costs, data protection, news by sally

‘Needless to say, group actions for data protection breaches will generally be shaped by financial considerations. Those are partly about compensation, but also about costs. To make it worthwhile, claimants need not only to win and be awarded compensation, but also to get their costs covered, or at least not have their costs eat too far into their compensation. On this issue, today’s costs judgment in the Morrisons litigation is novel, interesting and instructive in practice.’

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Panopticon, 16th May 2018

Source: panopticonblog.com

Nearly, but not quite: the difficulties of resisting payment of an on-demand guarantee – Practical Law: Construction Blog

Posted May 17th, 2018 in banking, construction industry, fraud, guarantees, news by sally

‘It is notoriously difficult to resist payment following a call on an on-demand guarantee or bond. Generally, nothing less than a seriously arguable case of fraud by the beneficiary will suffice. The stringency of this test is backed by strong policy arguments militating in favour of protecting the integrity of the banking system. However, even where a seriously arguable case of fraud is made out, the balance of convenience may weigh against injunctive relief, as demonstrated recently in Tetronics (International) Ltd v HSBC Bank plc.’

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Practical Law: Construction Blog, 16th May 2018

Source: constructionblog.practicallaw.com

Competing private and public interests in suspension and investigation – UK Police Law Blog

Posted May 17th, 2018 in disciplinary procedures, news, police, public interest by sally

‘R (Birks) v Commissioner of Police of the Metropolis [2018] EWHC 807 (Admin) is the case of an officer who wanted to resign in order to take up a position as a minister in the Church of England. He was suspended and not permitted to resign, so that the IPCC (as it then was) could investigate his conduct in connection with the arrest of Sean Rigg who died in custody at Brixton Police Station in 2008.’

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UK Police Law Blog, 14th May 2018

Source: ukpolicelawblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by sally

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

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Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

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Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

GDPR to fuel group actions over data breaches, barristers predict – Litigation Futures

Posted May 17th, 2018 in class actions, data protection, EC law, news by sally

‘The introduction of the General Data Protection Regulation (GDPR) will only increase the appetite for group or representative action for data breaches, a QC has claimed.’

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Litigation Futures, 16th May 2018

Source: www.litigationfutures.com