Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI

Posted April 27th, 2018 in duty of care, news, personal injuries, school children, teachers by sally

‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’

Full Story

Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI

Posted April 27th, 2018 in carers, compensation, fundamental dishonesty, news, personal injuries by sally

‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.

Full Story

Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

BAILII: Recent Decisions

Posted April 27th, 2018 in law reports by sally

Court of Appeal (Civil Division)

SC (Zimbabwe) v Secretary of State for the Home Department [2018] EWCA Civ 929 (26 April 2018)

Youssef -v Secretary of State for the Home Departmen [2018] EWCA Civ 933 (26 April 2018)

Srivatsa v Secretary of State for Health & Anor [2018] EWCA Civ 936 (26 April 2018)

WB v W District Council [2018] EWCA Civ 928 (26 April 2018)

X v Kuoni Travel Ltd [2018] EWCA Civ 938 (26 April 2018)

Court of Appeal (Criminal Division)

M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)

High Court (Administrative Court)

Adath Yisroel Burial Society & Anor, R (On the Application Of) v HM Senior Coroner for Inner North London [2018] EWHC 969 (Admin) (27 April 2018)

The National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor (Procedural Matters) [2018] HC 976 (Admin) (27 April 2018)

Parkhurst Road Ltd v Secretary of State for Communities And Local Government & Anor [2018] EWHC 991 (Admin) (27 April 2018)

The National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018)

Sathivel, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 913 (Admin) (26 April 2018)

Singh, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 945 (Admin) (26 April 2018)

Ip v Solicitors Regulation Authority [2018] EWHC 957 (Admin) (26 April 2018)

EL, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 968 (Admin) (26 April 2018)

High Court (Chancery Division)

Food Convertors Ltd & Anor v Newell & Anor [2018] EWHC 926 (Ch) (27 April 2018)

Sky Plc & Ors v Skykick UK Ltd & Anor [2018] EWHC 943 (Ch) (27 April 2018)

High Court (Commercial Court)

The Republic of Angola & Anor v Perfectbit Ltd & Ors [2018] EWHC 965 (Comm) (26 April 2018)

High Court (Queen’s Bench Division)

Coulter v Independent Press Standards Organisation CIC (IPSO) [2018] EWHC 919 (QB) (27 April 2018)

Bourne Rail Ltd & Anor v Ashton & Ors [2018] EWHC 910 (QB) (26 April 2018)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 27th, 2018 in legislation by sally

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2018

The Transfer of Functions (Digital Government) Order 2018

The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018

The General Osteopathic Council (Continuing Professional Development) (Amendment) Rules Order of Council 2018

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018

The Companies (Disclosure of Address) (Amendment) Regulations 2018

The Bathing Water (Amendment) (England) Regulations 2018

Source: www.legislation.gov.uk

Chairman’s letter to sentencers on imposition of community and custodial sentences – Sentencing Council

Posted April 27th, 2018 in community service, imprisonment, news, sentencing by sally

‘Earlier this month, the Chairman of the Sentencing Council, Lord Justice Treacy, wrote to all sentencers to remind them of the requirement to follow the Council’s Imposition of Community and Custodial Sentences Definitive Guideline, which has been in force since February 2017. Courts are statutorily bound to follow sentencing guidelines unless it is in the interests of justice not to do so.’

Full text

Sentencing Council, 24th April 2018

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

Media watchdog upholds complaint by council over “distorted” coverage of foster case – Local Government Lawyer

Posted April 27th, 2018 in complaints, fostering, Islam, media, news by sally

‘The Independent Press Standards Organisation (IPSO) has upheld a complaint by the London Borough of Tower Hamlets against a national newspaper’s coverage of a fostering case.
IPSO concluded that The Times had breached Clause 1 (Accuracy) in an article headlined ‘Judge rules child must leave Muslim foster home’, which was published on 30 August 2017.’

Full Story

Local Government Lawyer, 25th April 2018

Source: www.localgovernmentlawyer.co.uk

New taskforce to take action against violent crime – Home Office

Posted April 27th, 2018 in crime prevention, drug trafficking, press releases, violence by sally

‘Home Secretary announces membership of new cross-party taskforce to take action against violent crime.’

Full press release

Home Office, 25th April 2018

Source: www.gov.uk/home-office

Police officer who stole drugs ordered to repay £135,000 – Crown Prosecution Service

Posted April 27th, 2018 in confiscation, drug offences, police, press releases, proceeds of crime, restraint orders, theft by sally

‘A police officer who stole and sold the illegal drugs he was meant to dispose of has been ordered to pay back more than £135,000.’

Full press release

Crown Prosecution Service, 24th April 2018

Source: www.cps.gov.uk

Speech by Sir Brian Leveson: The Pursuit of Criminal Justice – Courts and Tribunals Judiciary

Posted April 27th, 2018 in Criminal Cases Review Commission, criminal justice, evidence, legal history, prosecutions, speeches by sally

‘Speech by Sir Brian Leveson: The Pursuit of Criminal Justice.’

Full speech

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

Barristers respond to government announcement on diversity of judges – The Bar Council

Posted April 27th, 2018 in barristers, diversity, judiciary, press releases by sally

‘In response to the Ministry of Justice’s announcement that they will be funding a new programme of Pre-Application Judicial Education to both educate and boost diversity within the judiciary, Robin Allen QC, Chair of the Bar Council’s Equality & Diversity and Social Mobility Committee, said: “The Bar Council believes profoundly in equality under and before the law. So it is delighted by the Lord Chancellor’s announcement today that the MOJ will commit funding for a programme of pre-appointment education for prospective applicants for judicial office of all kinds. We see this as a really positive step towards improving judicial diversity which is so urgently needed and so important.”‘

Full press release

The Bar Council, 26th April 2018

Source: www.barcouncil.org.uk

Legal profession facing talent drain as mental health problems surge – Law Society’s Gazette

Posted April 27th, 2018 in mental health, news, solicitors by sally

‘The proportion of trainees who have experienced mental health problems has more than doubled in the last year, a survey has found, as junior lawyers continue to report severe levels of stress. In its 2018 resilience and wellbeing survey, the Law Society’s Junior Lawyers Division (JLD) found that 39% of trainees reported suffering from mental health problems, up from 19% last year. Among the division’s members as a whole, 38% of respondents said they had experienced mental health problems in the past year, up from 26% last time.’

Full Story

Law Society's Gazette, 27th April 2018

Source: www.lawgazette.co.uk

Judicial shortages pose threat to court system, top judge warns – The Guardian

Posted April 27th, 2018 in judiciary, news, recruitment by sally

‘The effective operation of the courts in England and Wales is under threat due to problems of judicial recruitment, increasingly heavy workloads and deteriorating working conditions, according to the lord chief justice. In his first appearance before the Lords constitution select committee in his new post on Wednesday, Lord Burnett of Maldon also highlighted the growing problem of death threats being made against judges on social media and the need to provide protection.’

Full Story

The Guardian, 25th April 2018

Source: www.theguardian.com

Immigration lawyers using delaying tactics to keep illegal immigrants in Britain, High Court says – Daily Telegraph

Posted April 27th, 2018 in abuse of process, human rights, immigration, news, solicitors by sally

‘Immigration lawyers are using delaying tactics to keep illegal immigrants in Britain, High Court judges have said. Law firms are “buying time” by filing endless “hopeless” appeals and applications “with a view to generating new Home Office decisions” and keeping the process going for longer, two senior judges said.’

Full Story

Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

Self-harm and violent attacks hit record high in prisons across England and Wales – The Independent

Posted April 27th, 2018 in news, prisons, self-harm, statistics, violence by sally

‘Self-harm and violent attacks have hit record levels in prisons across England and Wales as campaigners warn of a “system in crisis”. More than 11,600 prisoners harmed themselves in 2017 – a record high – and the number of separate incidents rose by 11 per cent to 44,600.’

Full Story

The Independent, 26th April 2018

Source: www.independent.co.uk

Former Salvation Army members jailed for sexual abuse in 70s and 80s – Crown Prosecution Service

Posted April 26th, 2018 in press releases, sentencing, sexual offences by sally

‘Three men have today jailed for sexually abusing young female members of the Salvation Army in Blackpool in the 1970s and 1980s.’

Full press release

Crown Prosecution Service, 23rd April 2018

Source: www.cps.gov.uk

Guidance on the Capacity to Litigate in Proceedings Involving Children – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in children, courts, family courts, mental health, trials by sally

‘This guidance has been produced to assist judges in the Family Court to resolve mental capacity issues concerning parties to family law proceedings. Designed to be practical and accessible, it will point the judge to key rules and statutory provisions. Lawyers instructed in family proceedings may also find this guidance valuable.’

Full guidance

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

Guidance on Financial Needs on Divorce: Edition 2 – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in divorce, family courts, financial provision, news by sally

‘The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers. Since the publication of the first edition in June 2016, the guidance has established itself as an invaluable tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.’

Full guide

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted April 26th, 2018 in law reports by sally

Court of Appeal (Civil Division)

M-A (A Child), Re [2018] EWCA Civ 896 (25 April 2018)

Armstrong v Ashfield District Council [2018] EWCA Civ 873 (25 April 2018)

Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018)

Goring-On-Thames Parish Council, R (on the application of) v South Oxfordshire District Council & Anor [2018] EWCA Civ 860 (25 April 2018)

High Court (Administrative Court)

Evans, R (On the Application Of) v Cheshire Constabulary [2018] EWHC 952 (Admin) (25 April 2018)

Charlesworth, R (on the application of) v Crossrail Ltd & Anor [2018] EWHC 915 (Admin) (25 April 2018)

High Court (Family Division)

Alder Hey Children’s NHS Foundation Trust v Evans & Anor [2018] EWHC 953 (Fam) (24 April 2018)

Source: www.bailii.org

Legal aid strike: Solicitors “should help clients represent themselves” if they can’t find barrister, says SRA – Legal Futures

Posted April 26th, 2018 in barristers, fees, industrial action, legal aid, litigants in person, news, solicitors by sally

‘Criminal law solicitors unable to find a barrister because of their protest over legal aid fees “may need to assist the client to represent themselves as best they can” if the court will not grant an adjournment, the Solicitors Regulation Authority (SRA) has warned.’

Full Story

Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

Posted April 26th, 2018 in costs, disciplinary procedures, disqualification, news, professional conduct, solicitors, striking out, tribunals by sally

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Litigation Futures, 25th April 2018

Source: www.litigationfutures.com