Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Undercover police whistleblower joins boycott of inquiry – The Guardian

Posted May 10th, 2018 in inquiries, investigatory powers, news, police, whistleblowers by sally

‘A former undercover police officer who has become a whistleblower has joined a boycott of a public inquiry into the covert infiltration of political groups, saying it was concealing the state’s misconduct.’

Full Story

The Guardian, 9th May 2018

Source: www.theguardian.com

Gun crime: How do weapons appear on England’s streets? – BBC News

Posted May 10th, 2018 in crime, firearms, licensing, news by sally

‘Over the bank holiday weekend, a spate of shootings across England hit the headlines. They add to a picture of rising gun crime, after more than a decade of big decreases.’

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BBC News, 10th May 2018

Source: www.bbc.co.uk

Miscarriage of justice victims are cast aside in the UK. The details are shocking – The Guardian

Posted May 10th, 2018 in appeals, compensation, miscarriage of justice, news, Supreme Court, victims by sally

‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Ministry of Justice “a little frustrated” by legal aid strike as CBA recommends ‘no returns’ policy – Legal Futures

‘David Gauke, the justice secretary and Lord Chancellor, has admitted that the Ministry of Justice (MoJ) is feeling “a little frustrated” by the direct action taken by criminal law barristers over legal aid fees.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Man who attacked his children with hammer has jail term increased – The Guardian

Posted May 10th, 2018 in appeals, assault, child abuse, news, sentencing by sally

‘A man who attacked his four children with a hammer and drove them into a wall at 92mph has had his sentence increased from 14 to 24 years by appeal court judges.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Call to investigate barriers to ABSs moving into other professional services – Legal Futures

‘The Solicitors Regulation Authority (SRA) should investigate whether there are regulatory barriers to law firms that become alternative business structures (ABSs) providing other professional services such as accountancy and surveying, rather than vice versa, a report it commissioned has recommended.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Reading Snapchat row stabbing: Girl, 15, jailed – BBC News

Posted May 10th, 2018 in news, offensive weapons, sentencing, young offenders by sally

‘A 15-year-old who stabbed two other girls during a fight publicised on Snapchat has been jailed.’

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BBC News, 9th May 2018

Source: www.bbc.co.uk

Family seek to replace ‘sarcastic’ coroner after autistic daughter died – The Guardian

Posted May 10th, 2018 in autism, care homes, coroners, inquests, news by sally

‘A family have begun judicial review proceedings to replace a “combative and sarcastic” coroner they say is blocking a full inquest into how their autistic daughter died while in the care of an NHS-funded private care home.’

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The Guardian, 10th May 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 9th, 2018 in legislation by sally

The Town and Country Planning (Pre-commencement Conditions) Regulations 2018

The Fire and Rescue Authorities (National Framework) (England) Order 2018

Source: www.legislation.gov.uk

Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com

Posted May 9th, 2018 in age discrimination, compensation, dismissal, news, taxation by sally

‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’

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OUT-LAW.com, 4th May 2018

Source: www.out-law.com

Pair were shadow directors but didn’t breach duties, says court – OUT-LAW.com

Posted May 9th, 2018 in company directors, fiduciary duty, news by sally

‘Two men were found to be shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court has ruled.’

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OUT-LAW.com, 8th May 2018

Source: www.out-law.com

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

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UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

New guidelines proposed for sentencing people convicted of public order offences – Sentencing Council

Posted May 9th, 2018 in press releases, public order, sentencing by sally

‘Today, the Sentencing Council has published proposed new guidelines covering public order offences sentenced in England and Wales. In simple terms, these offences involve the use of or threat of violence by individuals or groups of people towards others usually in a public place. They span a wide range of offending from low-level disorderly behaviour, which comprise some of the highest volume offences seen by courts, to larger scale disorder such as football violence and up to major riots.’

Full press release

Sentencing Council, 9th May 2018

Source: http://sentencingcouncil.judiciary.gov.uk

HMCTS response to National Audit Office report on court reform programme – Ministry of Justice

Posted May 9th, 2018 in budgets, courts, electronic filing, press releases by sally

‘HMCTS response from CEO Susan Acland-Hood to National Audit Office report on court reform programme.’

Full press release

Ministry of Justice, 9th May 2018

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

Courts revolution may be ‘undeliverable’, spending watchdog warns – Law Society’s Gazette

Posted May 9th, 2018 in budgets, courts, electronic filing, news by sally

‘Spending watchdogs have warned courts chiefs of a real danger that they will fail to complete their digital courts revolution in time and on budget. In a comprehensive progress report published today, the National Audit Office says HM Courts & Tribunals Services faces a “daunting challenge” in meeting target for technological and cultural change.’

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Law Society's Gazette, 9th May 2018

Source: www.lawgazette.co.uk

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by sally

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

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Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer

Posted May 9th, 2018 in informations, news, service by sally

‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’

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Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by sally

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

Full Story

Legal Futures, 9th May 2018

Source: www.legalfutures.co.uk

Drug dealer has confiscation order increased nine years after conviction – Crown Prosecution Service

‘A drug dealer has had his confiscation order increased by £1.8million almost a decade after his original conviction following an application by the Crown Prosecution Service.’

Full press release

Crown Prosecution Service, 4th May 2018

Source: www.cps.gov.uk