Current Awareness

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by sally

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

Full Story

Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 9th, 2018 in legislation by sally

The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2018

The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018

The Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Appointed Day and Revocation) (England) Order 2018

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2018

The Personal Injuries (Civilians) Scheme (Amendment) Order 2018

The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2018

The Plant Health (England) (Amendment) (No. 2) Order 2018

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018

The Representation of the People (England and Wales) (Amendment) Regulations 2018

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 9th, 2018 in law reports by sally

Court of Appeal (Civil Division)

DAM (Children), Re [2018] EWCA Civ 386 (08 March 2018)

Generator Developments Ltd v LIDL UK GmbH [2018] EWCA Civ 396 (08 March 2018)

High Court (Family Division)

X and Y (Children) [2018] EWHC 451 (Fam) (08 March 2018)

Source: www.bailii.org

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

Posted March 9th, 2018 in appeals, construction industry, contracts, duty of care, law firms, news, sale of land, Supreme Court by sally

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

Full Story

Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Chair criticises ‘glacial pace’ of LASPO review – The Bar Council

Posted March 9th, 2018 in budgets, legal aid, press releases by sally

‘Responding to news this week that the Government’s review of LASPO will be delayed until the end of the year, Chair of the Bar Andrew Walker QC said it is frustrating that the review is moving at such a “glacial pace”.’

Full press release

The Bar Council, 8th march 2018

Source: www.barcouncil.org.uk

BSB seeks views on modernising its regulatory decision-making – Bar Standards Board

Posted March 9th, 2018 in barristers, consultations, press releases, professional conduct by sally

‘The Bar Standards Board (BSB) has today launched a new consultation seeking views on the final phase of the Governance Reform outlined in its 2016-19 Strategic Plan. The BSB now proposes to change how it deals with the information it receives as the regulator and to revise its decision-making structures in relation to professional conduct issues.’

Full press release

Bar Standards Board, 8th March 2018

Source: www.barstandardsboard.org.uk

Surrogacy and HFEA Update (March 2018) – Family Law Week

Posted March 9th, 2018 in assisted reproduction, embryology, news, surrogacy by sally

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.’

Full Story

Family Law Week, 8th March 2018

Source: www.familylawweek.co.uk

UK knife crime offenders getting longer jail sentences – The Guardian

Posted March 9th, 2018 in news, offensive weapons, sentencing, statistics by sally

‘The Ministry of Justice figures, which come amid concern about a surge in knife violence, particularly in London, show that the average custodial sentence handed down has risen by 2.2 months over the past decade to 7.5 months in 2017, with conviction for a knife or weapon offence now more likely to result in some form of custodial sentence.’

Full Story

The Guardian, 8th March 2018

Source: www.theguardian.com

Co-operative Group repays £500,000 as it faces probe for mistreating suppliers – Daily Telegraph

Posted March 9th, 2018 in fines, news, unfair commercial practices by sally

‘Regulators have launched a probe into the Co-operative Group that could force it to pay £70m of fines for mistreating its suppliers.’

Full Story

Daily Telegraph, 8th March 2018

Source: www.telegraph.co.uk

Corpse-sex threat prisoner Richard Ford ‘has very low IQ’ – BBC News

Posted March 9th, 2018 in dangerous offenders, news, public interest, sentencing, threatening behaviour by sally

‘A prisoner who threatened to kill a number of people and have sex with their corpses is appealing against his 45-year sentence on the basis of his “extraordinarily low IQ”.’

Full Story

BBC News, 8th March 2018

Source: www.bbc.co.uk

‘M25 rapist’ Antoni Imiela dies in prison – The Guardian

Posted March 9th, 2018 in death in custody, news, rape by sally

‘A man labelled the “M25 rapist” after he carried out a series of sex attacks in south-east England has died behind bars. Antoni Imiela, 63, died at HMP Wakefield on Thursday, the Prison Service said, months after he was told he had been referred for parole.’

Full Story

The Guardian, 9th March 2018

Source: www.theguardian.com

Wagamama fined for failing to pay the minimum wage – BBC News

Posted March 9th, 2018 in fines, minimum wage, news by sally

‘Restaurant chains Wagamama and TGI Fridays have each been fined an undisclosed amount for failing to pay staff the National Minimum Wage. They were among 43 employers in the hospitality sector on the government’s latest list of firms breaking the law.’

Full Story

BBC News, 9th March 2018

Source: www.bbc.co.uk

Britain First leaders jailed: Police release mugshots of Jayda Fransen and Paul Golding because of impact on community – The Independent

Posted March 9th, 2018 in harassment, hate crime, news, photography, religiously aggravated offences by sally

‘Police have released photos showing the leaders of far-right extremist group Britain First in custody because of the effect their hate crimes had on the local community.’

Full Story

The Independent, 8th March 2018

Source: www.independent.co.uk

Mail Online: Ipso upholds complaint over article on ‘lorry’ incident at Oxford Circus – The Guardian

Posted March 9th, 2018 in complaints, internet, media, news, terrorism by sally

Full Story

The Guardian, 8th March 2018

Source: www.theguardian.com

Triple killer Theodore Johnson has jail term increased – BBC News

Posted March 9th, 2018 in appeals, murder, news, sentencing by sally

‘A man who killed three former partners has had his minimum jail term increased to 30 years.’

Full Story

BBC News, 8th March 2018

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 8th, 2018 in law reports by sally

Supreme Court

Iceland Foods Ltd v Berry (Valuation Officer) [2018] UKSC 15 (7 March 2018)

Court of Appeal (Civil Division)

Wingate & Anor v The Solicitors Regulation Authority [2018] EWCA Civ 366 (07 March 2018)

High Court (Administrative Court)

Daly, R (on the application of) v The Commissioner of Police of the Metropolis & Anor [2018] EWHC 438 (Admin) (07 March 2018)

The Public Prosecutor’s Office of the Appeal Court of Eastern Crete, Greece v Andrew [2018] EWHC 441 (Admin) (06 March 2018)

High Court (Chancery Division)

Wright & Anor (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd [2018] EWHC 402 (Ch) (06 March 2018)

High Court (Family Division)

AG and AB (Children) [2018] EWHC 381 (Fam) (28 February 2018)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 8th, 2018 in legislation by sally

The Financial Services Act 2012 (Mutual Societies) Order 2018

The Co-operative and Community Benefit Societies Act 2014 (Amendments to Audit Requirements) Order 2018

The Building Societies (Restricted Transactions) (Amendment to the Prohibition on Entering into Derivatives Transactions) Order 2018

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018

The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018

The Fulfilment Businesses Regulations 2018

The Codes of Practice for the Welfare of Cats, Dogs, and Horses, Ponies, Donkeys and their Hybrids (Appointed Day and Revocations) (England) Order 2018

The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018

The Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Appointed Day and Revocation) (England) Order 2018

The Social Security Benefits Up-rating Order 2018

The Social Security (Invalid Care Allowance) (Amendment) Regulations 2018

The Guaranteed Minimum Pensions Increase Order 2018

Source: www.legislation.gov.uk

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by sally

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

Full Story

Panopticon, 5th March 2018

Source: panopticonblog.com

Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by sally

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

Full Story

Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com

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