City firms launch review into dispute resolution for companies wronged by banks after RBS scandal – Daily Telegraph

Posted March 29th, 2018 in banking, dispute resolution, financial dispute resolution, financial regulation, news, ombudsmen, small businesses by sally

‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’

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Daily Telegraph, 29th April 2018

Source: www.telegraph.co.uk

FA to take lead in child abuse investigation where clubs are failing to conduct sufficient internal reviews – The Independent

Posted March 29th, 2018 in child abuse, news, reports, sexual offences, sport by sally

‘The Football Association’s report into historical allegations of sexual abuse will assume the power to probe clubs if it does not judge that those clubs have led adequate investigations into themselves. Clive Sheldon QC, who is leading the report commissioned by the FA, has asked clubs to provide him with a “structured report” into instances of sexual abuse. If those reports are not adequate then Sheldon’s team of lawyers will conduct their own investigations.’

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The Independent, 29th March 2018

Source: www.independent.co.uk

Alfie Evans ‘about to be murdered’, says father after court defeat – The Guardian

Posted March 29th, 2018 in children, euthanasia, human rights, medical treatment, news, trials by sally

‘The father of seriously-ill Alfie Evans said his son had been “failed disgracefully by the system” after losing a last-ditch legal bid at the European court of human rights.’

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The Guardian, 29th March 2018

Source: www.theguardian.com

No UK border exit records for 600,000 people, says watchdog – The Guardian

Posted March 29th, 2018 in airlines, immigration, news, reports by sally

‘Theresa May’s long-promised system of “100% exit checks” at Britain’s borders is so unreliable that it contains no departure records for more than 600,000 people who should have left the country in the past two years, a watchdog has revealed.’

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The Guardian, 28th March 2018

Source: www.theguardian.com

Hayes crash: Drunk driver jailed for 13 years after killing three teenagers at London bus stop – The Independent

Posted March 29th, 2018 in alcohol abuse, dangerous driving, homicide, news, sentencing by sally

‘A drunk driver has been jailed for 13 years after killing three boys as they walked to a 16th birthday party in London. Jaynesh Chudasama pleaded guilty in February to three counts of causing death by dangerous driving over the incident near a bus stop in Hayes.’

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The Independent, 28th March 2018

Source: www.independent.co.uk

Statement from the Justice Secretary on judgment re: John Worboys – Ministry of Justice

Posted March 29th, 2018 in consultations, disclosure, parole, press releases, victims by sally

‘Statement from the Lord Chancellor and Justice Secretary, David Gauke, in response to today’s judgment.’

Full press release

Ministry of Justice, 28th March 2018

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

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by sally

‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by sally

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

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Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Permission on Erroneous Basis – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by sally

‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’

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Local Government Lawyer, 27th March 2018

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

Worboys release decision overturned as Parole head quits – BBC News

Posted March 28th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by sally

‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

Ruling highlights gap in the law on software – OUT-LAW.com

Posted March 28th, 2018 in commercial agents, computer programs, consumer protection, EC law, electronic commerce, news by sally

‘A recent ruling by the Court of Appeal in London highlights a gap in the law on software, and should prompt a change in UK legislation.’

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OUT-LAW.com, 27th March 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 28th, 2018 in legislation by sally

The Detention Centre (Amendment) Rules 2018

The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 28th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)

Constandas v Lysandrou & Ors [2018] EWCA Civ 613 (27 March 2018)

Revenue And Customs v University of Cambridge [2018] EWCA Civ 568 (27 March 2018)

Secretary of State for the Home Department v Said & Ors [2018] EWCA Civ 627 (27 March 2018)

Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018)

Court of Appeal (Criminal Division)

Edwards, R v [2018] EWCA Crim 595 (27 March 2018)

Cuni & Ors v R [2018] EWCA Crim 600 (27 March 2018)

High Court (Administrative Court)

Norwich Livestock Market Ltd, R (On the Application Of) v Norwich City Council [2018] EWHC 648 (Admin) (27 March 2018)

High Court (Commercial Court)

Daniels & Anor v Lloyds Bank Plc & Anor [2018] EWHC 660 (Comm) (27 March 2018)

High Court (Family Division)

Z & Y (Children : Care Proceedings) [2018] EWHC 644 (Fam) (27 March 2018)

S (Care Proceedings Extremism) [2018] EWHC 645 (Fam) (27 March 2018)

High Court (Patents Court)

Edwards Lifesciences LLC v Boston Scientific SCIMED, Inc & Ors [2018] EWHC 664 (Pat) (27 March 2018)

High Court (Queen’s Bench Division)

Abdule & Ors v The Foreign And Commonwealth Office & Ors (national security – jurisdiction and status) [2018] EWHC 692 (QB) (28 March 2018)

Source: www.bailii.org

Sentencing Council launches new definitive guideline on terrorism offences – Sentencing Council

Posted March 28th, 2018 in press releases, sentencing, terrorism by sally

‘New sentencing guidelines for terrorism offences have been published today, marking the first time that comprehensive guidance has been produced for courts in England and Wales. The guidelines have been introduced to deal with the changing nature of terrorist offending and to ensure that courts have the guidance they need to deal with these serious and difficult cases, punishing offenders and disrupting their activities.’

Full press release

Sentencing Council, 28th March 2018

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

Unlawful imprisonment for council tax non-payment “one of the largest mass miscarriages of justice in British history” – Local Government Lawyer

Posted March 28th, 2018 in council tax, imprisonment, miscarriage of justice, news by sally

‘The unlawful imprisonment of people for council tax non-payment “is likely to be one of the largest mass miscarriages of justice in British history”, the chair of the Criminal Bar Association, Angela Rafferty QC, and 57 other signatories of a letter to The Guardian have claimed.’

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Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission issued six years ago – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by sally

‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’

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Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

Boxing promoter Warren loses twin challenges to CFAs – Litigation Futures

Posted March 28th, 2018 in contracts, costs, defamation, fees, news, solicitors by sally

‘Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case.’

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Litigation Futures, 28th March 2018

Source: www.litigationfutures.com

Removing a party to proceedings: A Local Authority v F and others – Family Law

Posted March 28th, 2018 in care orders, human rights, local government, news, placement orders, statutory duty by sally

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

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Family Law, 27th March 2018

Source: www.familylaw.co.uk

Lawyers united: solicitors pledge to back bar’s action – Law Society’s Gazette

Posted March 28th, 2018 in barristers, industrial action, legal aid, news, solicitors by sally

‘Solicitors have strongly indicated that they will stand shoulder to shoulder with the bar should their barrister ‘friends’ decide to take action against further government cuts to the legal aid budget.’

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Law Society's Gazette, 27th March 2018

Source: www.lawgazette.co.uk

Police inspector Darren McKie jailed for wife’s murder – BBC News

Posted March 28th, 2018 in domestic violence, murder, news, sentencing by sally

‘A former police inspector who murdered his wife in their home and dumped her body in a lake has been jailed.’

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BBC News, 27th March 2018

Source: www.bbc.co.uk