It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by sally

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

When to adjourn a misconduct hearing – UK Police Law Blog

Posted February 12th, 2018 in adjournment, disciplinary procedures, news, police, professional conduct, regulations by sally

‘When must a police misconduct hearing adjourn the proceedings for the attendance of the respondent officer or even a witness?’

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UK Police Law Blog, 9th February 2018

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 12th, 2018 in legislation by sally

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2018

The Pharmacy (Preparation and Dispensing Errors – Registered Pharmacies) Order 2018

The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2018

The School Teachers (Recognition of Professional Qualifications) (Amendment) Regulations 2018

The Export Control (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 12th, 2018 in law reports by sally

Court of Appeal (Civil Division)

North & Anor v Wilkinson & Ors [2018] EWCA Civ 161 (09 February 2018)

Shepherd v Collect Investments Ltd [2018] EWCA Civ 162 (09 February 2018)

Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101 (09 February 2018)

High Court (Administrative Court)

Yussouf v The Solicitors Regulation Authority [2018] EWHC 211 (Admin) (09 February 2018)

LMN v Government of Turkey [2018] EWHC 210 (Admin) (09 February 2018)

CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)

Pearl, R (on the application of) v Maldon District Council & Anor [2018[ EWHC 212 (Admin) (09 February 2018)

High Court (Chancery Division)

Leven Holdings Ltd v Johnston & Ors [2018] EWHC 223 (Ch) (09 February 2018)

Khoury & Anor v Kensell [2018] EWHC 217 (Ch) (09 February 2018)

High Court (Commercial Court)

Progas Energy Ltd & Ors v The Islamic Republic of Pakistan [2018] EWHC 209 (Comm) (09 February 2018)

High Court (Queen’s Bench Division)

Ho v Bragg [2018] EWHC 214 (QB) (08 February 2018)

Source: www.bailii.org

Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures

Posted February 12th, 2018 in damages, negligence, news, part 36 offers, personal injuries by sally

‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’

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Litigation Futures, 12th February 2018

Source: www.litigationfutures.com

Mutual wills: a warning – Family Law

Posted February 12th, 2018 in constructive trusts, news, wills by sally

‘In the case of Legg and others v Burton and others [2017] EWHC 2088 (Ch) the claimants, children of Mrs Clark, successfully established a constructive trust under the doctrine of mutual wills. This had the effect of making invalid the 13 subsequent wills the deceased made between 2004 and 2014, after her husband died. It was held by His Honour Judge Matthews in the Chancery Division of the Bristol District Registry that the wills Mrs Clark made with her husband in mirror terms in 2000 were mutual wills and as such there was a binding agreement with her husband, which she could not go back on after his death.’

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Family Law, 9th February 2018

Source: www.familylaw.co.uk

Man sentenced for raping teenage girl in Rotherham during early 2000s – Crown Prosecution Service

Posted February 12th, 2018 in child abuse, press releases, rape, sentencing by sally

‘A man who raped a teenager on two occasions in the early 2000s has been convicted today (9 February) in one of a series of trials connected to allegations of child sexual abuse in Rotherham. He was sentenced to nine years in prison.’

Full press release

Crown Prosecution Service, 9th February 2018

Source: www.cps.gov.uk

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by sally

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

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Counsel, February 2018

Source: www.counselmagazine.co.uk

Raising the Young Bar profile – Counsel

Posted February 12th, 2018 in barristers, news, young persons by sally

‘Junior barristers, now more than ever, face a world which looks increasingly uncertain. Rick Hoyle, Chair of the Young Barristers’ Committee, looks at the worrying trend and what is being done about it.’

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Counsel, February 2018

Source: www.counselmagazine.co.uk

Nazi obsessive who threatened to bomb mosques after Manchester attack jailed – The Independent

Posted February 12th, 2018 in bomb hoaxing, news, sentencing, weapons by sally

‘A Nazi-sympathiser who threatened to petrol bomb mosques after the Manchester Arena attack and who had an array of medieval weapons at his home has been jailed for eight years.’

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The Independent, 10th February 2018

Source: www.independent.co.uk

Church of England ‘faces two years of abuse revelations’ – BBC News

Posted February 12th, 2018 in child abuse, Church of England, complaints, news, sexual offences, victims by sally

‘The Church of England faces two years of revelations about sexual abuse and cover-ups, a bishop has said. The Church will be the focus of hearings at the Independent Inquiry into Child Sexual Abuse next month.’

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BBC News, 10th February 2018

Source: www.bbc.co.uk

Police wrongly pursued retired fire chief rather than investigate blackmail claim against fantasist who accused him of rape – Daily Telegraph

Posted February 12th, 2018 in appeals, blackmail, miscarriage of justice, news, police, rape by sally

‘Police wrongly pursued a rape case against a retired fire chief rather than investigate a blackmail claim against the fantasist who made the allegation, the Telegraph can disclose. David Bryant, 67, spent almost three years in jail after being convicted of rape in a miscarriage of justice that further plunges into crisis the police handling of sex abuse cases. Mr Bryant’s conviction was overturned in the Court of Appeal and now a High Court judge has raised serious questions over a police force’s failure to investigate his accuser.’

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Daily Telegraph, 10th February 2018

Source: www.telegraph.co.uk

Calls grow for Isis ‘Beatles’ to face UK trial – The Guardian

Posted February 12th, 2018 in citizenship, news, terrorism, trials by sally

‘Calls are mounting for the two British fighters captured in Syria to be sent back to the UK to face trial, with a former counter-terrorism regulator describing it as the “proper forum” for justice.’

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The Guardian, 11th February 2018

Source: www.theguardian.com

Barclays Bank charged by Serious Fraud Office over Qatar loan – The Independent

Posted February 12th, 2018 in banking, loans, news, prosecutions, Serious Fraud Office by sally

‘The UK’s fraud watchdog has charged Barclays Bank over making a loan to Qatar back in 2008.’

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The Independent, 12th February 2018

Source: www.independent.co.uk

Police outsource digital forensic work to unaccredited labs – The Guardian

Posted February 12th, 2018 in contracting out, forensic science, news, police by sally

‘More than a dozen police forces have outsourced digital forensic investigative work to unaccredited private laboratories in the past year, at a time when a series of rape cases have been abandoned because of problems with digital evidence.’

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The Guardian, 12th February 2018

Source: www.theguardian.com

Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph

Posted February 12th, 2018 in construction industry, consultations, housing, news, planning by sally

‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’

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Daily Telegraph, 12th February 2018

Source: www.telegraph.co.uk

Ministers to investigate aid sex scandal ‘cover-up’ amid claims officials ‘brushed off’ child abuse allegations – Daily Telegraph

Posted February 12th, 2018 in charities, child abuse, government departments, news, prostitution, sexual offences by sally

‘Ministers have launched an investigation into claims that foreign aid officials brushed off allegations of child abuse committed by aid workers.’

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Daily Telegraph, 11th February 2018

Source: www.telegraph.co.uk

Number of drivers prosecuted for using a mobile phone at the wheel plummets amid ‘decline in traffic officers’ – The Independent

Posted February 12th, 2018 in news, police, prosecutions, road traffic offences, statistics, telecommunications by sally

‘The number of people found guilty of using a mobile phone at the wheel has plummeted, prompting warnings from the RAC that a drop in traffic officers means fewer offenders are being caught.’

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The Independent, 11th February 2018

Source: www.independent.co.uk

Sweden tried to drop Assange extradition in 2013, CPS emails show – The Guardian

Posted February 12th, 2018 in Crown Prosecution Service, extradition, foreign jurisdictions, news, warrants by sally

‘Swedish prosecutors attempted to drop extradition proceedings against Julian Assange as early as 2013, according to a confidential exchange of emails with the Crown Prosecution Service seen by the Guardian.’

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The Guardian, 11th February 2018

Source: www.theguardian.com

Curry house chef not guilty of Tonypandy chilli powder attack – BBC News

Posted February 9th, 2018 in assault, news, self-defence by sally

‘A curry house chef who threw chilli powder into a customer’s eyes after he complained about “rubbery” chicken, has been found not guilty of assault.’

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BBC News, 9th February 2018

Source: www.bbc.co.uk