Uncertainty Around The Proposed Personal Injury Reforms Continues… – Zenith Chambers

Posted March 16th, 2018 in accidents, bills, news, personal injuries, road traffic, small claims by sally

‘Personal injury lawyers have been aware of the government’s plans to reform how personal injury claims are dealt with for some time. Originally, the new proposals were to come into force in October 2018. However, as a result of the General Election in 2017, the Prisons and Courts Bill did not progress.’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by sally

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

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The Independent, 15th March 2018

Source: www.independent.co.uk

Millionaire jailed for contempt of court over divorce deal – The Guardian

Posted March 16th, 2018 in contempt of court, divorce, elderly, news by sally

‘A wealthy property developer has been jailed for 14 months for contempt of court in relation to his divorce settlement.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

Jailed Grenfell Tower fraudster claimed missing husband was miraculously discovered in a cave – Daily Telegraph

Posted March 16th, 2018 in fire, fraud, insurance, news by sally

‘A woman posing as a widow from Grenfell Tower pretended her “dead” husband had been miraculously found in a cave as part of a £19,000 fraud.’

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Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Suicide of ‘much loved son’ in HMP Norwich result of failings in prison care, inquest finds – The Independent

Posted March 16th, 2018 in inquests, news, prisons, suicide by sally

‘An inquest into the death of a prisoner who took his own life, has found that failings at the facility where he was being held contributed to his death.’

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The Independent, 15th March 2018

Source: www.independent.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Grandfather jailed for attacking his son in a bitter row over their rival flower businesses – Daily Telegraph

Posted March 16th, 2018 in assault, news, restraining orders, sentencing by sally

‘An 82-year-old grandfather has been jailed for attacking his own son – in a bitter row over their rival flower businesses. Raymond Hill shoved his son Paul, 49, as he took a delivery of flowers and plants at his garden centre. The outburst breached an earlier restraining order given to Hill for harassing his son, who lives next door.’

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Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Beggars to be issued with £100 fines by Poole council sparking outrage – The Independent

Posted March 16th, 2018 in fines, local government, news, public spaces protection orders, vagrancy by sally

‘Beggars in the Dorset town of Poole will be issued with fines of £100, its council has said. Despite heavy criticism Public Space Protection Orders (PSPOs) will be introduced from 16 April in a bid to “tackle anti-social and nuisance behaviours.” ‘

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The Independent, 16th March 2018

Source: www.independent.co.uk

FCA v Grout [2018] EWCA Civ 71: Anonymous or Synonymous? – 4 New Square

Posted March 16th, 2018 in financial regulation, identification, news, third parties by sally

‘The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19.’

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4 New Square, 6th February 2018

Source: www.4newsquare.com

5RB Podcasts on Interim Injunctions – 5RB

Posted March 16th, 2018 in injunctions, news, podcasts by sally

‘Desmond Browne QC moderates a discussion with Alex Marzec and Adam Speker on Interim Injunctions. In Part One they explore how to seek and defend an interim injunction application up to the hearing. In Part Two, they examine what happens at the hearing and beyond.’

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5RB, 10th March 2018

Source: www.5rb.com

Becky Watts: case review finds care service failed murdered teenager – The Guardian

Posted March 15th, 2018 in news, reports, social services by sally

‘Professionals who worked with a 16-year-old Bristol girl killed in a sexually motivated attack by her stepbrother and his partner treated her as problematic rather than as a vulnerable adolescent with a difficult past, a serious case review has found. Seventeen experts from eight service providers saw Becky Watts in the three-and-a-half years before she was killed by her step-brother, Nathan Matthews, and his partner, Shauna Hoare, but she received a fragmented service and there was a lack of communication.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

CPS rules out review of Poppi Worthington’s death – The Guardian

‘Poppi Worthington’s mother has said she may never learn the “devastating truth” behind her daughter’s death after prosecutors ruled out a review of the case.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

Man jailed for 30 years over Aldi murder – BBC News

Posted March 15th, 2018 in domestic violence, murder, news, sentencing by sally

‘A man has been jailed for at least 30 years for stabbing to death a woman at an Aldi supermarket.’

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BBC News, 15th March 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 15th, 2018 in legislation by sally

The Tax Credits and Childcare (Miscellaneous Amendments) Regulations 2018

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2018

The Double Taxation Relief and International Tax Enforcement (Colombia) Order 2018

The Double Taxation Relief and International Tax Enforcement (Lesotho) Order 2018

The Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) (Amendment) Regulations 2018

The Relevant Overseas Schemes (Transfer of Sums and Assets) Regulations 2018

The Guardian’s Allowance Up-rating Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted March 15th, 2018 in law reports by sally

Supreme Court

Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 (14 March 2018)

Court of Appeal (Civil Division)

Bubbles & Wine Ltd v Lusha [2018] EWCA Civ 468 (14 March 2018)

Kebbell Developments Ltd v Leeds City Council [2018] EWCA Civ 450 (14 March 2018)

Court of Appeal (Criminal Division)

Ikram, R v [2018] EWCA Crim 440 (14 March 2018)

High Court (Administrative Court)

Abolarin, R (on the application of) v Liverpool City Council [2018] EWHC 319 (Admin) (14 March 2018)

High Court (Chancery Division)

Burnden Group Holdings Ltd v Hunt [2018] EWHC 463 (Ch) (14 March 2018)

PSJC Commercial Bank Privatbank v Kolomoisky & Ors [2018] EWHC 482 (Ch) (12 March 2018)

Source: www.bailii.org

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by sally

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Employees must comply with work at height safety duties too – OUT-LAW.com

Posted March 15th, 2018 in employment, fines, health & safety, news, sentencing, suspended sentences by sally

‘Two recent cases involving breaches of working at height regulations offer a clear reminder to workers of their own duties to take reasonable care for the health and safety of themselves and others.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Reminder that adjudicator’s appointment lapses if no decision – Practical Law: Construction Blog

Posted March 15th, 2018 in arbitration, construction industry, contracts, fees, news, remuneration by sally

‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’

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Practical Law: Construction Blog, 13th March 2018

Source: constructionblog.practicallaw.com