Government shelves Goods Mortgages Bill – Law Commission

Posted May 17th, 2018 in bills, Law Commission, loans, mortgages, press releases by sally

‘The Government has announced that it will not bring forward the Law Commission’s Goods Mortgages Bill. The Bill had been announced in last year’s Queen’s Speech and would have replaced the Victorian‑era Bills of Sale Acts – bringing greater protections to those who had taken out or who had unwittingly purchased cars with so-called “logbook loans”. But following additional consultation, the Government has said it will not bring forward reform in the area in the immediate future.’

Full press release

Law Commission, 14th May 2018

Source: www.lawcom.gov.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

Full Story

Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Three fined for England rugby coach Eddie Jones abuse – BBC News

Posted May 17th, 2018 in costs, fines, news, public order, sport, threatening behaviour by sally

‘Three men have been fined for verbally abusing England rugby union coach Eddie Jones at a railway station.’

Full Story

BBC News, 16th May 2018

Source: www.bbc.co.uk

John Bercow: Probe into Commons Speaker bullying claims blocked – The Independent

‘A probe into allegations John Bercow bullied members of staff has been blocked by MPs. The Commons Standards Committee voted three-two against allowing Parliament’s watchdog to investigate the claims.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk

Slough inquest: No missed opportunities in rail deaths – BBC News

Posted May 17th, 2018 in inquests, mental health, news, railways, suicide, unlawful killing by sally

‘A coroner has said there were “no missed opportunities” in the care of a mother who jumped in front of a train with her 10-year-old son.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by sally

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Vegan group’s advert wrongly linking cow’s milk to cancer is banned – Daily Telegraph

Posted May 17th, 2018 in advertising, cancer, complaints, food, misrepresentation, news, veganism by sally

‘A vegan group’s “misleading” advert linking cow’s milk to cancer has been banned. The poster by activists Viva! triggered two complaints to watchdogs after being seen on buses in Bristol last September.’

Full Story

Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk

Government to slash maximum stake on fixed-odds betting terminals to £2 in bid to tackle problem gambling – The Independent

Posted May 17th, 2018 in consultations, gambling, news by sally

‘The maximum stake on fixed-odds betting terminals (FOBT) will be cut from £100 to £2, the government has announced.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk

Retention proposals take shape: analysing the text of the Aldous Bill – Practical Law: Construction Blog

Posted May 16th, 2018 in bills, construction industry, contracts, deposits, news by sally

‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’

Full Story

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by sally

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

Full Story

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by sally

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

Full Story

Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

Lady Hale at the Sir Nicholas Wall Memorial Lecture 2018, London – Supreme Court

‘Openness and Privacy in Family Proceedings. Sir Nicholas Wall Memorial Lecture 2018, Gray’s Inn, London. Lady Hale, President of The Supreme Court.’

Full speech

Supreme Court, 15th May 2018

Source: www.supremecourt.uk

Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World – Courts and Tribunals Judiciary

‘Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World.’

Full speech

Courts and Tribunals Judiciary, 15th May 2018

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted May 16th, 2018 in law reports by sally

Court of Appeal (Civil Division)

EM, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1070 (15 May 2018)

Joshi & Anor, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 1108 (15 May 2018)

City of York Council v Grosset [2018] EWCA Civ 1105 (15 May 2018)

Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093 (15 May 2018)

Mwesezi v The Secretary of State for the Home Department [2018] EWCA Civ 1104 (15 May 2018)

P&P Property Ltd v Owen White & Catlin LLP [2018] EWCA Civ 1082 (15 May 2018)

Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102 (15 May 2018)

Flintshire County Council v Jayes, R ( On the Application of) [2018] EWCA Civ 1089 (15 May 2018)

High Court (Administrative Court)

Jane v Prosecutor General’s Office, Lithuania [2018] EWHC 1122 (Admin) (15 May 2018)

Shepherd (On Behalf of 999 Call NHS), R (on the application of) v National Health Service Commissioning Board [2018] EWHC 1067 (Admin) (15 May 2018)

Rabbani v Director of Public Prosecutions [2018] EWHC 1156 (Admin) (15 May 2018)

High Court (Commercial Court)

Navigator Spirit SA v Five Oceans Salvage SA [2018] EWHC 1108 (Comm) (15 May 2018)

High Court (Family Division)

G v G & Anor [2018] EWHC 1100 (Fam) (04 May 2018)

High Court (Patents Court)

FIL Ltd & Anor v Fidelis Underwriting Ld & Ors [2018] EWHC 1097 (Pat) (11 May 2018)

Source: www.bailii.org

Chief Planner warns local planning authorities on GDPR and data protection – Local Government Lawyer

Posted May 16th, 2018 in data protection, local government, news, planning by sally

‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’

Full Story

Local Government Lawyer, 15th May 2018

Source: www.localgovernmentlawyer.co.uk

High Court: Defendant must pay credit hire costs even where claimant has contingent liability for them – Litigation Futures

Posted May 16th, 2018 in contracts, insurance, news, road traffic by sally

‘A circuit judge was wrong to deny a claimant recovery of £20,000 in credit hire charges because she had been assured that she would never have to pay any outstanding sums herself, the High Court has ruled.’

Full Story

Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

Full Story

Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Dean Lowe jailed for Kirby Noden’s murder in Cornwall – BBC News

Posted May 16th, 2018 in murder, news, sentencing by sally

‘A man who killed his girlfriend with a rock and a metal pole before flushing her body parts down the toilet has been sentenced to 28 years in prison.’

Full Story

BBC News, 15th May 2018

Source: www.bbc.co.uk

Failure to act against ‘dangerous’ midwives resulted in deaths – report – The Guardian

Posted May 16th, 2018 in inquiries, midwives, news, reports, standards by sally

‘Babies and mothers died after a health regulator failed to act against midwives suspected of providing dangerously poor care, despite the police raising concerns about their conduct, a damning report has concluded.’

Full Story

The Guardian, 16th May 2018

Source: www.theguardian.com

Police mishandling digital evidence, forensic experts warn – The Guardian

Posted May 16th, 2018 in disclosure, evidence, forensic science, news, police by sally

‘Police officers are trampling over vital forensic evidence, are under-trained, and often do not know what they are looking for, MPs investigating digital disclosure problems have been told.’

Full Story

The Guardian, 15th May 2018

Source: www.theguardian.com