Don’t treat litigants in person as an unwelcome problem, judges told – Law Society’s Gazette

Posted March 2nd, 2018 in judiciary, litigants in person, news by sally

‘Litigants in person should not be seen as an unwelcome problem for the court, judges have been told in 422-page guidance on equal treatment issued by the Judicial College.’

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Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

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Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Child Support Update – Family Law Week

Posted March 2nd, 2018 in child support, news by sally

‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, takes stock of the developments in child support law and practice and considers the implications for parents.’

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Family Law Week, 1st March 2018

Source: www.familylawweek.co.uk

Officers accused of spying on sister of man who died in police custody cleared – The Guardian

Posted March 2nd, 2018 in death in custody, disciplinary procedures, news, police, spying by sally

‘Two police officers accused of spying on the sister of a former paratrooper who was unlawfully killed in police custody have been cleared by a disciplinary panel.’

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The Guardian, 1st March 2018

Source: www.theguardian.com

Only one convicted over 2017 ‘double voting’ claims – BBC News

Posted March 2nd, 2018 in complaints, elections, fraud, news by sally

‘Hundreds of complaints about alleged double voting in the 2017 UK general election resulted in only one conviction, according to police data.’

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BBC News, 2nd March 2018

Source: www.bbc.co.uk

Surrey woman who killed husband can challenge murder conviction – The Guardian

Posted March 2nd, 2018 in appeals, domestic violence, murder, news by sally

‘A woman who bludgeoned her husband to death with a hammer has won the latest round in an attempt to appeal against her conviction for murder. Georgina Challen attacked 61-year-old Richard Challen in August 2010 as he ate lunch at the kitchen table in their former home in Claygate, Surrey. In June 2011 a jury at Guildford crown court took 11 hours to find Challen, known as Sally, guilty of murdering the former car dealer. She was jailed for life with a minimum term of 22 years, which was later reduced on appeal by four years. On Thursday, three court of appeal judges allowed Challen leave to appeal against the conviction.’

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The Guardian, 1st March 2018

Source: www.theguardian.com

Once secret guidance on MI5’s use of agents who engage in crime published by Theresa May – The Independent

Posted March 2nd, 2018 in intelligence services, news by sally

‘Theresa May has published a previously secret direction relating to MI5’s use of agents who participate in crime. The Prime Minister confirmed that the area of the Security Service’s work was kept under review by a watchdog.’

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The Independent, 1st March

Source: www.independent.co.uk

Gentleman thief carried out over 100 burglaries mostly on his bicycle – leaving homes he’d raided ‘neat’ and ‘tidy’ – Daily Telegraph

Posted March 2nd, 2018 in burglary, news, sentencing by sally

‘A gentleman thief who carried out over 100 burglaries mostly on his bicycle before leaving homes “neat” and “tidy” has been jailed for over five years.’

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Daily Telegraph, 1st March 2018

Source: www.telegraph.co.uk

Battle of Orgreave: more unreleased police files uncovered – The Guardian

Posted March 2nd, 2018 in archives, demonstrations, miners, news, police, public order, select committees by sally

‘Unreleased files about the Battle of Orgreave from five police forces, including a contemporaneous report by a chief constable on the policing of the miner’s strike, have been uncovered by the Commons home affairs committee.’

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The Guardian, 1st March 2018

Source: www.theguardian.com

Leveson inquiry: government confirms second stage axed – The Guardian

Posted March 2nd, 2018 in inquiries, interception, media, news, police, privacy by sally

‘The culture secretary, Matt Hancock, confirmed on Thursday that the government would drop plans for the second phase of the Leveson inquiry into press standards launched in the wake of the phone-hacking scandal.’

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The Guardian, 1st March 2018

Source: www.theguardian.com

High Court grants legal challenge against NHS-Home Office deal to hand over patient data to immigration officials – The Independent

Posted March 2nd, 2018 in confidentiality, immigration, judicial review, medical records, news by sally

‘The High Court has granted a legal challenge against a NHS-Home Office deal to hand over patient data to immigration officials. The challenge, put forward by Migrants Rights Net (MRN), a UK charity advocating for the rights of migrants, will now go to a full hearing.’

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The Independent, 2nd March 2018

Source: www.independent.co.uk

Government should pay compensation to children sent abroad says sexual abuse inquiry – Daily Telegraph

Posted March 2nd, 2018 in child abuse, children, compensation, news by sally

‘The Government faces paying thousands in compensation to child migrants who were sexually abused during an overseas settlement policy. Britain’s child migration programmes saw thousands, many in care or from poor backgrounds, sent to countries including Australia and New Zealand, partly to save money on care costs. The Independent Inquiry into Child Sexual Abuse found that successive UK governments, which played a “central role” in the policy, “failed to ensure that there were in place sufficient measures to protect children from sexual abuse”.’

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Daily Telegraph, 1st March 2018

Source: www.telegraph.co.uk

Soldiers convicted of sex attacks and violent offences being released without supervision, report warns – The Independent

‘Soldiers convicted of sex attacks and violent offences are being released without any supervision because of a loophole in the law, a report has found. HM Inspectorate of Prisons said the public were not being protected by processes at the UK’s only military detention centre, which operates independently of the normal probation system.’

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The Independent, 1st March 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 1st, 2018 in legislation by sally

The Soft Drinks Industry Levy (Enforcement) Regulations 2018

The Public Regulated Service (Galileo) Regulations 2018

The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

The Value Added Tax (Amendment) Regulations 2018

The Social Security (Contributions) (Amendment No. 2) Regulations 2018

The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018

The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018

The Housing and Planning Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2018

he Portability of Online Content Services Regulations 2018

The Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2018

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

The Higher Education and Research Act 2017 (Commencement No. 3) Regulations 2018

The Civil Procedure (Amendment) Rules 2018

The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018

The Motorcycles (Type-Approval) Regulations 2018

The Street Works (Charges for Occupation of the Highway) (England) (Amendment) Regulations 2018

The Income Tax (Pay As You Earn) (Amendment) Regulations 2018

The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2018

The Energy Information (Amendment) Regulations 2018

The Electricity (Connection Offer Expenses) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 1st, 2018 in law reports by sally

Supreme Court

Steel & Anor v NRAM Ltd (formerly NRAM Plc) (Scotland) [2018] UKSC 13 (28 February 2018)

Burnden Holdings (UK) Ltd v Fielding & Anor [2018] UKSC 14 (28 February 2018)

Court of Appeal (Civil Division)

United First Partners Research v Carreras [2018] EWCA Civ 323 (28 February 2018)

G (A Child) [2018] EWCA Civ 305 (28 February 2018)

Chiltern Farm Chemicals Ltd, R (On the Application Of) v The Health And Safety Executive [2018] EWCA Civ 271 (27 February 2018)

Kerman v Akhmedova [2018] EWCA Civ 307 (27 February 2018)

High Court (Administrative Court)

Georgiev & Ors v Bulgarian Judicial Authorities [2018] EWHC 359 (Admin) (28 February 2018)

Paramaguru v London Borough of Ealing [2018] EWHC 373 (Admin) (27 February 2018)

High Court (Commercial Court)

Yukos International UK BV & Ors v Merinson [2018] EWHC 335 (Comm) (27 February 2018)

High Court (Queen’s Bench Division)

Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) (28 February 2018)

High Court (Technology and Construction Court)

Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC) (27 February 2018)

BHC Ltd v Galliford Try Infrastructure Ltd (t/a Morrison Construction) [2018] EWHC 368 (TCC) (27 February 2018)

Source: www.bailii.org

Landlords warned over blanket ban on applications from people on benefits – Local Government Lawyer

‘Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.’

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Local Government Lawyer, 1st March 2018

Source: www.localgovernmentlawyer.co.uk

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

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Constitutional Law Association, 28th February 2018

Source: ukconstitutionallaw.org

Barrister who lied about LLM and death penalty experience to gain pupillage disbarred – Legal Futures

‘A barrister has been disbarred for lying about her qualifications and experience, including a claim that she had saved 10 men from the death penalty in Malawi.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Costs budgeting expected to feature in media case preliminaries – OUT-LAW.com

Posted March 1st, 2018 in budgets, case management, defamation, media, news by sally

‘Parties in defamation cases seeking hearings of preliminary issues can expect more active case management by courts, including requirements to set out their anticipated legal costs, a media law expert has said.’

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OUT-LAW.com, 28th February 2018

Source: www.out-law.com

Whatever happened to the judiciary’s McKenzie Friends consultation? – Transparency Project

‘In February 2016, the then Lord Chief Justice, Lord Thomas of Cwmgiedd, and the Judicial Executive Board issued a consultation entitled “Reforming the courts’ approach to McKenzie Friends”. It followed an internal report by a judicial working group and sought responses to a number of proposals in relation to McKenzie Friends, including changing their name to ‘court supporter’, replacing existing practice guidance with rules of court, introducing a Code of Conduct for them, and imposing a bar on recovery of fees.’

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Transparency Project, 27th February 2018

Source: www.transparencyproject.org.uk