Rule committee declines to consider contempt question over solicitors who act on fraudulent claims – Litigation Futures

Posted March 14th, 2018 in civil procedure rules, contempt of court, news, oaths, solicitors by sally

‘The Civil Procedure Rule Committee has rejected a High Court judge’s suggestion that it consider whether solicitors who sign statements of truth on behalf of fraudulent clients could be held in contempt of court.’

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Litigation Futures, 13th March 2018

Source: www.litigationfutures.com

Tribunal upholds council refusal to disclose information on ‘Twitter storm’ SEN law firm – Legal Futures

‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’

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Legal Futures, 13th March 2018

Source: www.legalfutures.co.uk

University vows to robustly defend legal action over quality of degree course – Local Government Lawyer

Posted March 14th, 2018 in contracts, misrepresentation, news, universities by sally

‘Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

On a Housing Court and (not) making things simpler – Nearly Legal

Posted March 14th, 2018 in courts, housing, landlord & tenant, news by sally

‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’

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Nearly Legal, 12th March 2018

Source: nearlylegal.co.uk

Branded medicines face new NHS cost controls – OUT-LAW.com

Posted March 14th, 2018 in health, medicines, news by sally

‘Manufacturers of branded medicines face new statutory controls on the cost of their drugs to the NHS in the UK from 1 April.’

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OUT-LAW.com, 13th March 2018

Source: www.out-law.com

John Worboys: Parole Board ‘miscalculated danger posed by rapist’ – The Guardian

Posted March 14th, 2018 in dangerous offenders, news, parole, sexual offences by sally

‘The Parole Board failed to take into account the full extent of John Worboys’ offending and therefore miscalculated the danger he still poses, the high court has been told.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty – Family Law

‘In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Hillsborough disaster: CPS will not charge five police officers over deaths of 96 Liverpool fans – The Independent

‘Five police officers involved in the Hillsborough disaster and subsequent investigation will not be charged over an alleged “cover-up” over the deaths of 96 Liverpool fans.’

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The Independent, 14th March 2018

Source: www.independent.co.uk

Low salaries dog debt-ridden young legal aid lawyers, says social mobility report – Legal Futures

Posted March 14th, 2018 in debts, legal aid, legal profession, news, remuneration by sally

‘More than half of young legal aid lawyers are earning less than £25,000 a year, yet more than a quarter start their careers carrying more than £35,000 debt as a result of their education, according to a survey of lawyers in the sector.’

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Legal Futures, 14th March 2018

Source: www.legalfutures.co.uk

Stop and search harms fight against knife crime, Met officer says – The Guardian

Posted March 14th, 2018 in drug offences, London, news, offensive weapons, police, stop and search by sally

‘Stop and search for suspected minor drug crimes such as cannabis possession is hampering the Metropolitan police’s ability to tackle London’s knife crime epidemic by souring relationships with the public, the chair of the Metropolitan Black Police Association has said.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

‘It shames us to have families go on Twitter and crowdfund representation at inquests’ – Legal Voice

Posted March 14th, 2018 in death in custody, inquests, legal representation, news, restraint by sally

‘Two families bereaved by state-related deaths told MPs about their experiences at inquests last week. The House of Commons’ joint committee on human rights heard evidence from the parents of Connor Sparrowhawk, who drowned in a bath in a residential unit for people with learning disabilities, and Joseph Phuong who died following restraint by police during a mental health crisis. Jon Robins reports’

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Legal Voice, 13th March 2018

Source: www.legalvoice.org.uk

Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Accountants and lawyers ‘must report’ aggressive tax avoidance schemes – The Guardian

Posted March 14th, 2018 in accountants, banking, legal profession, news, notification, penalties, tax avoidance by sally

‘Accountants, bankers and lawyers will face penalties if they fail to report aggressive tax avoidance schemes that help companies or individuals move money to offshore havens, under a new European Union law.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 14th, 2018 in legislation by sally

The Individual Savings Account (Amendment) Regulations 2018

The Child Trust Funds (Amendment) Regulations 2018

The Investigatory Powers (Disclosure of Statistical Information) Regulations 2018

The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

The Investigatory Powers (Codes of Practice) Regulations 2018

The Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018

The Investigatory Powers (Technical Capability) Regulations 2018

The Immigration and Nationality (Fees) (Amendment) Order 2018

Source: www.legislation.gov.uk

Telford grooming ‘tip of the iceberg’, says solicitor – BBC News

Posted March 14th, 2018 in child abuse, news, sexual grooming, trafficking in human beings by sally

‘A lawyer who led prosecutions against a child sex abuse ring in Telford has said those cases were the “tip of the iceberg”.’

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BBC News, 13th March 2018

Source: www.bbc.co.uk

BAILII: Recent decisions

Posted March 14th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Frederick & Ors v Positive Solutions (Financial Services) Ltd [2018] EWCA Civ 431 (13 March 2018)

French v The Secretary of State for Work and Pensions & Anor [2018] EWCA Civ 470 (13 March 2018)

Gomes v Higher Level Care Ltd [2018] EWCA Civ 418 (13 March 2018)

Warborough Investments Ltd v Lunar Office SARL [2018] EWCA Civ 427 (13 March 2018)

Allianz Insurance Plc & Anor v Tonicstar Ltd [2018] EWCA Civ 434 (13 March 2018)

Court of Appeal (Criminal Division)

Attorney General v Pollard & Anor [2018] EWCA Crim 439 (13 March 2018)

Pabon, R v [2018] EWCA Crim 420 (13 March 2018)

High Court (Administrative Court)

Tenetconnect Services Ltd, R (on the application of) v Financial Services Lts & Anor [2018] EWHC 459 (Admin) (13 March 2018)

O’Connor, R (on the application of) v The Police Appeals Tribunal & Anor [2018] EWHC 190 (Admin) (13 March 2018)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2018 in legislation by sally

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018

The Human Tissue (Quality and Safety for Human Application) (Amendment) Regulations 2018

The Human Fertilisation and Embryology (Amendment) Regulations 2018

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2018

The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) (Amendment) Order 2018

The Children and Social Work Act 2017 (Commencement No. 3) Regulations 2018

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 13th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Christofi v National Bank of Greece (Cyprus) Ltd [2018] EWCA Civ 413 (09 March 2018)

High Court (Administrative Court)

Daniel Johns Manchester Ltd v Manchester City Council [2018] EWHC 464 (Admin) (12 March 2018)

BS, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 454 (Admin) (08 March 2018)

High Court (Chancery Division)

Deutsche Bahn Ag & Ors v Mastercard Incorporated & Ors [2018] EWHC 412 (Ch) (09 March 2018)

Rittson-Thomas & Ors v Oxfordshire County Council [2018] EWHC 455 (Ch) (09 March 2018)

Barclays Bank Plc And Woolwich Plan Managers Ltd, Re [2018] EWHC 472 (Ch) (09 March 2018)

Mussell & Anor v Patience & Anor [2018] EWHC 430 (Ch) (08 March 2018)

Citibank NA, London Branch v Oceanwood Opportunities Master Fund & Ors [2018] EWHC 448 (Ch) (08 March 2018)

Reynard v Fox [2018] EWHC 443 (Ch) (08 March 2018)

Culliford & Anor vThorpe [2018] EWHC 426 (Ch) (08 March 2018)

RS v LS & LMP [2018] EWHC 449 (Fam) (07 March 2018)

High Court (Commercial Court)

Lehman Brothers Special Financing Inc v National Power Corporation & Anor [2018] EWHC 487 (Comm) (12 March 2018)

High Court (Family Division)

Mensah v Mensah [2018] EWHC 484 (Fam) (09 March 2018)

High Court (Queen’s Bench Division)

The Bosworth Water Trust v SSR & Ors [2018] EWHC 444 (QB) (12 March 2018)

Davy v 01000654 Ltd [2018] EWHC 353 (QB) (09 March 2018)

High Court (Technology and Construction Court)

M Hart Construction Ltd & Anor v Ideal Response Group Ltd (Rev 1) [2018] EWHC 314 (TCC) (07 March 2018)

Source: www.bailii.org

Sexual offences on UK railways more than double in five years – The Guardian

Posted March 13th, 2018 in news, railways, sexual offences, statistics, transport by sally

‘The number of sexual offences reported on Britain’s railways has more than doubled over the past five years, according to police. Across Britain’s railways, including the tube, there were 2,382 offences in 2017, compared with 1,049 reported in 2013, British Transport Police (BTP) figures show.’

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The Guardian, 12th March 2018

Source: www.theguardian.com

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk