No power to grant immigration bail if no power to detain – UK Human Rights Blog

Posted February 13th, 2018 in appeals, bail, detention, immigration, news, Supreme Court by sally

‘On 8th February 2018, the Supreme Court held that the power to grant bail and impose bail conditions in respect of a person pending deportation ceases to be lawful if there is no legal basis for detaining that person. The power to impose bail conditions is inextricably linked to the power of detention. Once the Home Secretary ceases to have the power to detain a person under immigration law, she can’t then impose conditions on that person’s freedom through bail conditions.’

Full Story

UK Human Rights Blog, 13th February 2018

Source: ukhumanrightsblog.com

Charity watchdog to launch Oxfam inquiry – BBC News

Posted February 13th, 2018 in charities, inquiries, news, prostitution, sexual offences by sally

‘The Charity Commission is to begin an investigation into Oxfam’s handling of a sex scandal in which staff hired prostitutes in Haiti in 2011.’

Full Story

BBC News, 13th February 2018

Source: www.bbc.co.uk

The countdown begins: Whiplash reforms to be introduced in April 2019 – Legal Futures

Posted February 13th, 2018 in insurance, news, personal injuries, road traffic by sally

‘The government plans to introduce its whiplash reforms in April 2019, it emerged today [12 February].’

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Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

GDPR not at odds with FCA Handbook, say UK authorities – OUT-LAW.com

Posted February 13th, 2018 in data protection, EC law, financial regulation, news by sally

‘New data protection laws are not at odds with regulatory requirements imposed on companies in the financial services sector, two UK authorities have said.’

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OUT-LAW.com, 12th February 2018

Source: www.out-law.com

Cambridgeshire blackmailer jailed for punching toddler – BBC News

Posted February 13th, 2018 in assault, blackmail, child abuse, news, sentencing by sally

‘A man who punched a toddler in the face in a bid to blackmail the child’s grandparents has been jailed.’

Full Story

BBC News, 12th February 2018

Source: www.bbc.co.uk

High Court: SRA should have held oral hearing before deciding not to admit would-be solicitor – Legal Futures

Posted February 13th, 2018 in appeals, disciplinary procedures, news, solicitors, Solicitors Regulation Authority by sally

‘The High Court has ordered the Solicitors Regulation Authority (SRA) to make a fresh judgment of a would-be solicitor’s character and suitability to join the profession after finding that it had wrongly denied her an oral hearing to explain an issue that it decided showed dishonesty.’

Full Story

Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

Julian Assange saga: judge to rule on arrest warrant – The Guardian

Posted February 13th, 2018 in bail, Crown Prosecution Service, news, proportionality, warrants by sally

‘It is nearly six years since Julian Assange disguised himself as a motorcycle courier and entered the Ecuadorian embassy in London to seek political asylum. His subsequent legal battle, so vast and protracted a CPS lawyer once deemed it “like an industry in itself”, comes to a pivotal moment on Tuesday, when a judge will rule on whether the warrant for his arrest has become disproportionate.’

Full Story

The Guardian, 13th February 2018

Source: www.theguardian.com

Yorkshire Ripper: No new charges for Sutcliffe – BBC News

Posted February 13th, 2018 in murder, news, prosecutions, recidivists by sally

‘Police have confirmed there are no plans to charge the Yorkshire Ripper with any further offences.’

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BBC News, 12th February 2018

Source: www.bbc.co.uk

Couple fined for using fake garage door to hide house in Leicester – The Guardian

Posted February 13th, 2018 in costs, fines, news, planning by sally

‘A couple have been fined after using a fake garage door and high fence to hide a residential property from a council.’

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The Guardian, 12th February 2018

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted February 12th, 2018 in armed forces, flexible working, legislation, taxation, telecommunications by sally

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Act 2018

Armed Forces (Flexible Working) Act 2018

Source: www.legislation.gov.uk

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by sally

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

Full Story

Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by sally

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

Full Story

Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

The Landmark Legal Challenge to Universal Credit System Explained – Rightsinfo

Posted February 12th, 2018 in benefits, disabled persons, judicial review, news, social security by sally

‘A controversial new social security benefit, currently being rolled out across the UK, is facing a major legal challenge. But what’s the challenge all about and what impact might it have?’

Full Story

Rightsinfo, 8th February 2018

Source: rightsinfo.org

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.’

Full Story

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.’

Full Story

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