“I’m forever blowing bubbles” but I’m biased! – Practical Law: Construction Blog

Posted April 10th, 2018 in bias, construction industry, judiciary, news, recusal by sally

‘Bias and apparent bias is a subject that has cropped up many times on this blog, whether it was an adjudicator “phoning a friend“, an arbitrator (allegedly) being appointed too many times by the same referring party (although that isn’t one of mine!) or a judge getting upset over his lost luggage (who wouldn’t be?). It seems anyone involved in court or tribunal work is vulnerable to an accusation of it. Therefore, it should come as no surprise that I’m commenting on another example of behaviour that gives rises to the charge.’

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Practical Law: Construction Blog, 10th April 2018

Source: constructionblog.practicallaw.com

Opelo Kgari: Government thwarted in second bid to deport woman brought to UK from Botswana – The Independent

Posted April 10th, 2018 in appeals, children, deportation, detention, immigration, injunctions, news by sally

‘The government has been thwarted in its second attempt to deport a woman who came to the UK from Botswana when she was 13 years old.’

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The Independent, 10th April 2018

Source: www.independent.co.uk

Immaturity means young adults need more support in court, report says – The Guardian

Posted April 10th, 2018 in children, courts, criminal justice, news, reports, young offenders, young persons, youth courts by sally

‘Young adults should be given special treatment in court because they are immature and need help understanding proceedings, according to a report by an influential legal reform group. The call for a fresh approach for 18- to 24-year-olds comes from the Centre for Justice Innovation as the sharp rise in knife crime highlights the criminal justice system’s problems in dealing with that age group.’

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the Guardian, 10th April 2018

Source: www.theguardian.com

‘Paedophile hunter’ evidence used to charge 150 suspects – BBC News

Posted April 10th, 2018 in evidence, news, private investigators, volunteers by sally

‘Evidence from so-called paedophile hunter groups was used to charge suspects at least 150 times last year, a BBC investigation has found. A Freedom of Information request, sent to every police force in England and Wales, showed a seven-fold increase in the use of such evidence from 2015.’

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BBC News, 10th April 2018

Source: www.bbc.co.uk

Police error meant ‘speeding’ motorists paid fines but never exceeded the limit – Daily Telegraph

Posted April 10th, 2018 in drafting, fines, mistake, news, police, regulations, road traffic, speed cameras by sally

‘A police force has admitted it has wrongly fined ‘speeding’ motorists after a clerical error meant the speed limit was never officially lowered. Avon and Somerset Police face having to cancel hundreds of tickets after a motorist successfully overturned his fine.’

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Daily Telegraph, 9th April 2018

Source: www.telegraph.co.uk

Dozens of MPs and 80,000 members of public urge Home Office to reverse decision to refuse child slavery victim asylum – The Independent

Posted April 10th, 2018 in asylum, children, news, trafficking in human beings, victims by sally

‘Dozens of MPs and more than 80,000 members of the public have urged the Home Office to reconsider its decision to refuse asylum to a child slavery victim which would see him forced to return to the country from which he was trafficked.’

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The Independent, 10th April 2018

Source: www.independent.co.uk

Lorry driver sentenced for peer’s mobility scooter death – BBC News

Posted April 10th, 2018 in careless driving, community service, disqualification, driving licences, elderly, news, sentencing, suspended sentences by sally

‘A lorry driver has been given a 24-week suspended jail sentence for knocking a Labour peer off his mobility scooter and killing him.’

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BBC News, 9th April 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 9th, 2018 in legislation by sally

The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018

The Family Procedure (Amendment) Rules 2018

The Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 2018

The Welfare Reform and Work Act 2016 (Commencement No. 6 and Transitional Provision) Regulations 2018

The Sea Fish (Marketing Standards) (England and Wales and Northern Ireland) Regulations 2018

The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018

The Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018

The Franchising Schemes (Service Permits) (England) Regulations 2018

The Public Service Vehicles (Registration of Local Services) (Franchising Schemes Transitional Provisions and Amendments) (England) Regulations 2018

The Finance Act 2009, Sections 101 and 102 and Schedules 55 and 56 (Soft Drinks Industry Levy) (Appointed Day) Order 2018

The Finance Act 2017, Paragraph 3 of Schedule 11 (Appointed Day) Regulations 2018

The Finance Act 2017, Part 2 (Appointed Day No. 2) Regulations 2018

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018

The National Minimum Wage (Amendment) Regulations 2018

The Regulatory Reform (Fire Safety) (Custodial Premises) Subordinate Provisions Order 2018

The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2018

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2018

The Electricity Supplier Payments (Amendment) Regulations 2018

The Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018

The Sexual Offences Act 2003 (Prescribed Police Stations) (England and Wales) Regulations 2018

The Higher Education (Access and Participation Plans) (England) Regulations 2018

The School Information (England) (Amendment) Regulations 2018

The Higher Education (Basic Amount and Higher Amount) (England) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 9th, 2018 in law reports by sally

High Court (Queen’s Bench Division)

McIntosh v Harman [2018] EWHC 726 (QB) (06 April 2018)

High Court (Technology and Construction Court)

RG Carter Building Ltd v Kier Business Services Ltd [2018] EWHC 729 (TCC) (05 April 2018)

Source: www.bailii.org

Casual workers and unfair dismissal: Mrs M Wright – Law & Religion UK

Posted April 9th, 2018 in casual workers, Church of England, news, unfair dismissal by sally

‘The issue of the employment status of people who perform casual work – and its complexity – has come up yet again, this time in Mrs M Wright v St John the Evangelist Parochial Church Council (England and Wales: Breach of Contract) [2018] UKET 3200595/2017.’

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Law & Religion UK, 5th April 2018

Source: www.lawandreligionuk.com

New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog

Posted April 9th, 2018 in accounts, fraud, intimidation, news, stay of execution, witnesses by sally

‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’

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Practical Law: Construction Blog, 4th April 2018

Source: constructionblog.practicallaw.com

Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

Posted April 9th, 2018 in duty of care, economic loss, misfeasance in public office, news, police, Supreme Court, vicarious liability by sally

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

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UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Home Secretary to launch Serious Violence Strategy – Home Office

Posted April 9th, 2018 in drug offences, firearms, offensive weapons, police, press releases, violence, young persons by sally

‘Home Secretary Amber Rudd today sets out a multi-million pound commitment to steering young people away from crime and tackling violent drug-dealing gangs.’

Full press release

Home Office, 9th April 2018

Source: www.gov.uk/home-office

Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, brexit, children, custody, EC law, foreign jurisdictions, news by sally

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

Benefits fraudster ordered to pay back £190,000 – Crown Prosecution Service

Posted April 9th, 2018 in benefits, fraud, press releases, proceeds of crime, repayment by sally

‘A woman who was jailed for making false benefit claims – including lying that she needed 24-hour care – has been ordered to pay back £189,725 to the taxpayer.’

Full press release

Crown Prosecution Service, 6th April 2018

Source: www.cps.gov.uk

Woman who invented dead husband in Grenfell Tower fraud jailed – Crown Prosecution Service

Posted April 9th, 2018 in fraud, press releases, sentencing by sally

‘A woman who pretended to be the widow of a Grenfell Tower victim so she could claim money and accommodation has been jailed for fraud.’

full press release

Crown Prosecution Service, 6th April 2018

Source: www.cps.gov.uk

The second Bridget Lindley Annual Memorial Lecture: Transcript – Courts and Tribunals Judiciary

Posted April 9th, 2018 in families, family courts, lectures, media by sally

‘The Family Justice Council recently held its Bridget Lindley Memorial Lecture which looked at the impact of social media on the family justice system and family law journalism.’

Full lecture

Courts and Tribunals Judiciary, 29th March 2018

Cohabitant entitled to slice of partner’s £1.5m estate, judge rules – Law Society’s Gazette

Posted April 9th, 2018 in cohabitation, news, wills by sally

‘The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance.’

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Law Society's Gazette, 6th April 2018

Source: www.lawgazette.co.uk

Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1 – Family Law Week

Posted April 9th, 2018 in children, Court of Protection, family courts, forced marriages, news, young persons by sally

‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’

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Family Law Week, 8th April 2018

Source: www.familylawweek.co.uk

Ex-BHS owner Dominic Chappell to sue Sir Philip Green – Daily Telegraph

Posted April 9th, 2018 in company directors, insolvency, news, pensions by sally

‘Former BHS owner Dominic ­Chappell plans to sue Sir Philip Green and contest a proposed boardroom ban in a bid to repair his “tarnished ­reputation” and resurrect his career.’

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Daily Telegraph, 9th April 2018

Source: www.telegraph.co.uk