The Forum Bar: it does exist — Bruno Min – UK Human Rights Blog

Posted February 9th, 2018 in choice of forum, computer crime, extradition, jurisdiction, news by sally

‘n 5th February 2018 the Divisional Court gave judgment in Love v USA [2018] EWHC 172 (Admin), holding that the forum bar operated against the extradition of Lauri Love to the United States to face charges of making a series of cyber-attacks on the computer networks of private companies and US Government agencies. This is the first reported case in which the ‘forum bar’ has been applied to block an extradition.’

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UK Human Rights Blog, 9th February 2018

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 9th, 2018 in legislation by sally

The Community Infrastructure Levy (Amendment) Regulations 2018

The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018

The Novel Foods (England) Regulations 2018

The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018

The Registered Pension Schemes (Relief at Source) (Amendment) Regulations 2018

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018

The Inspectors of Education, Children’s Services and Skills Order 2018

The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018

The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018

The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018

The Armed Forces Act 2006 (Amendment of Schedule 2) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 9th, 2018 in law reports by sally

Supreme Court
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 (8 February 2018)

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018)

Bancoult, R (on the application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs (Respondent)[2018] UKSC 3 (8 February 2018)

HM Inspector of Health and Safety v Chevron North Sea Ltd (Scotland) [2018] UKSC 7 (8 February 2018)

B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 (8 February 2018)

Court of Appeal (Civil Division)

Hammonds of Knutsford Plc, R (on the application of) v HM Revenue and Customs [2018] EWCA Civ 135 (08 February 2018)Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (08 February 2018)

High Court (Administrative Court)

Shimbles, R (On the Application Of) v Bradford Metropolitan District Council [2018] EWHC 195 (Admin) (08 February 2018)

Peters v London Borough of Haringey & Anor [2018] EWHC 192 (Admin) (08 February 2018)

High Court (Queen’s Bench Division)

Hawkes v Warmex Ltd [2018] EWHC 205 (QB) (08 February 2018)

High Court (Technology and Construction Court)

Lancashire Care NHS Foundation Trust & Anor v Lancashire County Council [2018] EWHC 200 (TCC) (08 February 2018)

Equitix ESI CHP (Wrexham) Ltd v Bester Generacion UK Ltd [2018] EWHC 177 (TCC) (08 February 2018)

Triumph Controls UK Ltd & Anor v Primus International Holding Co & Ors [2018] EWHC 176 (TCC) (07 February 2018)

Source: www.bailii.org

Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

Posted February 9th, 2018 in abuse of process, confiscation, enforcement notices, fines, impersonation, news, planning by sally

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

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Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill – Litigation Futures

Posted February 9th, 2018 in costs, fees, injunctions, legal services, news by sally

‘The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement (CFA) did not cover much of the work it undertook.’

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Litigation Futures, 8th February 2018

Source: www.litigationfutures.com

Repair company employee convicted for passing on customer details for PI cold calls – Legal Futures

Posted February 9th, 2018 in barristers, confidentiality, data protection, disciplinary procedures, fines, news, personal injuries by sally

‘A former worker at an accident repair firm who downloaded and sold the personal data of motorists to nuisance callers has been convicted under the Data Protection Act of unlawfully obtaining and disclosing data.’

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Legal Futures, 9th February 2018

Source: www.legalfutures.co.uk

Non-molestation: a definition for 2018? – Family Law

Posted February 9th, 2018 in child abuse, domestic violence, family courts, injunctions, news, non-molestation orders by sally

‘What is “non-molestation”? How do family courts, by order, deal with “molestation”, as it is now defined in law? What is “domestic violence” or (if different) “domestic abuse”? Each of these different terms crop up in different legal contexts; and – absurdly, it may be thought – each may mean something slightly different according to context.’

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Family Law, 8th February 2018

Source: www.familylaw.co.uk

Nursery worker jailed for sexually assaulting pupil – Crown Prosecution Service

Posted February 9th, 2018 in child abuse, indecent photographs of children, press releases, sentencing, sexual offences by sally

‘A nursery worker has been jailed for 12 and half years after he was found guilty of sexually assaulting a young child in his care.’

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Crown Prosecution Service, 8th February 2018

Source: www.cps.gov.uk

Daughter and grandson sentenced for murdering Betty Guy – Crown Prosecution Service

Posted February 9th, 2018 in murder, press releases, sentencing by sally

‘The daughter and grandson of 84-year-old Betty Guy, who died at her home in Swansea, were found guilty of her murder on 6 February. Both were sentenced to life imprisonment today (8 February) and ordered to serve a minimum of 11 years.’

Full press release

Crown Prosecution Service, 8th February 2018

Source: www.cps.gov.uk

Do more than the bare minimum on parental leave, chambers told – Law Society’s Gazette

Posted February 9th, 2018 in barristers, flexible working, maternity leave, news, paternity leave by sally

‘The Bar Council has urged chambers to go beyond the bare minimum in supporting parental leave and hopes its new guide will encourage caring responsibilites to be more fairly divided.’

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Law Society's Gazette, 8th February 2018

Source: www.lawgazette.co.uk

CoA rules £70m negligence claim blocked by settlement agreement – Law Society’s Gazette

Posted February 9th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by sally

‘The Court of Appeal has ruled that a firm cannot be sued for negligence after parties had signed a covenant as part of a settlement agreement.’

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Law Society's Gazette, 9th February 2018

Source: www.lawgazette.co.uk

Banker who rode police motorbike in police jacket convicted for alleged deception – Daily Telegraph

Posted February 9th, 2018 in deceit, fines, impersonation, news by sally

‘When Darren Emanuel sped through the congested streets of central London, it was hardly surprising that motorists slowed down or swiftly moved out of his path. The City banker was riding an old police motorbike and wearing a former police high-visibility jacket. However, all was not quite as it seemed. The 46-year-old had never been a police officer and was in fact, simply making his way to and from work.’

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Daily Telegraph, 8th February 2018

Source: www.telegraph.co.uk

City worker suing train operator for £2m after losing both legs when he fell between train and platform – Daily Telegraph

Posted February 9th, 2018 in health & safety, news, personal injuries, railways by sally

‘A city IT worker is suing a train operator for nearly £2m in damages after losing both his legs when he fell between a train and a platform looking for his lost season ticket.’

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Daily Telegraph, 9th February 2018

Source: www.telegraph.co.uk

Prisoner dies at HMP Nottingham three weeks after watchdog makes stark warning that ‘lives are at risk’ in jail – The Independent

Posted February 9th, 2018 in health & safety, news, ombudsmen, prisons, suicide by sally

‘A man has died in what is believed to have been a suicide at HMP Nottingham less than a month after the prisons watchdog made an unprecedented warning that the lives of inmates were at risk.’

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The Independent, 9th February 2018

Source: www.independent.co.uk

Robert Trigg: Police ‘missed chances’ to catch double killer – BBC News

Posted February 9th, 2018 in domestic violence, inquiries, murder, news, police by sally

‘The family of a woman murdered by her boyfriend five years after he killed another partner say they are “finally being taken seriously”. An inquiry found Sussex Police “missed opportunities” when investigating the deaths of Susan Nicholson, 52, in 2011 and Caroline Devlin, 35, in 2006. Robert Trigg, 52, was convicted last year of killing them both.
The findings have now been referred to the Independent Office for Police Conduct (IOPC), the force said.’

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BBC News, 9th February 2018

Source: www.bbc.co.uk

Cladding fitted to Grenfell Tower ‘was never fire safety tested’ – The Independent

Posted February 9th, 2018 in fire, health & safety, news by sally

‘The cladding system fitted to Grenfell Tower was never subjected to fire safety testing, according to reports. The panels installed on the block, which have since been found on 299 other high-rises, were apparently not put through large-scale lab examinations to test their combustibility before being fitted.’

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The Independent, 8th February 2018

Source: www.independent.co.uk

Private probation companies letting convicts commit more crime and allowing them to disappear, report finds – The Independent

Posted February 9th, 2018 in contracting out, news, probation, rehabilitation, reports by sally

‘Private companies are failing to enforce the sentences handed down by courts, leaving convicts to commit more crime or simply disappear, a damning report has found. HM Inspectorate of Probation said firms commissioned in a 2014 overhaul of the service are “stretched beyond their capacity”.’

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The Independent, 9th February 2018

Source: www.independent.co.uk

‘Gross failure’ in man’s care led to death from constipation – The Guardian

Posted February 9th, 2018 in care homes, disabled persons, hospitals, inquests, news by sally

‘Inquest into death of man with Down’s syndrome criticises care home and hospital over his treatment.’

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The Guardian, 8th February 2018

Source: www.theguardian.com

West Yorkshire Police liable for knocking over elderly woman – BBC News

Posted February 9th, 2018 in elderly, negligence, news, police by sally

‘An elderly woman who was knocked to the ground during a drug arrest has won a decade-long legal battle against West Yorkshire Police.’

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BBC News, 8th February 2018

Source: www.bbc.co.uk

Government sends warning letters to 550 companies amid crackdown on unpaid internships – Daily Telegraph

Posted February 9th, 2018 in employment, enforcement, news, remuneration, volunteers by sally

‘A Government crackdown on unpaid internships was launched last night as warning letters were sent to 550 businesses threatening action unless they review their practices.’

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Daily Telegraph, 8th February 2018

Source: www.telegraph.co.uk