Current Awareness – Page 1324 – Legal News selected by the Inner Temple Library

Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

UKSC Blog, 2nd February 2018

Source: ukscblog.com

High Court: legal privilege can apply to internal investigations on the right set of facts – OUT-LAW.com

Posted February 5th, 2018 in corruption, investigatory powers, news, privilege, taxation by sally

‘The High Court has confirmed that legal privilege can apply to investigations on the right set of facts, restoring some certainty to a position that has been up for debate since May 2017.’

OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Water into gas should not go – UK Human Rights Blog

Posted February 5th, 2018 in appeals, compensation, energy, news, repairs, water, water companies by sally

‘When the supply of gas to your house fails, you are entitled to compensation from the gas undertaker for the inconvenience. If that failure has been caused by another utility’s burst water main, the gas undertaker may seek to recoup its expenses for repair to its own infrastructure and the compensation it has had to pay out to consumers. A simple enough picture.’

UK Human Rights Blog, 3rd February 2018

Source: ukhumanrightsblog.com

Judge agrees to judicial review of ‘cab rank’ rule for unexplained deaths – The Guardian

Posted February 5th, 2018 in burials and cremation, complaints, coroners, Islam, Judaism, news by sally

‘A high court judge has granted an application for a judicial review of a senior coroner’s “cab rank” policy in dealing with unexpected deaths, saying it raises issues of importance to Jewish and Muslim communities.’

The Guardian, 2nd February 2018

Source: www.theguardian.com

British hacker Lauri Love wins fight against extradition to US – Daily Telegraph

Posted February 5th, 2018 in appeals, computer crime, extradition, news by sally

‘British hacker Lauri Love has won his legal battle after fearing he would be extradited to the US.’

Daily Telegraph, 5th February 2018

Source: www.telegraph.co.uk

Darren Osborne jailed for life for Finsbury Park terrorist attack – The Guardian

Posted February 5th, 2018 in murder, news, sentencing, terrorism by sally

‘The Finsbury Park terrorist, Darren Osborne, will spend at least 43 years behind bars after being jailed for life for his murderous attack on Muslims in London last June.’

The Guardian, 2nd February 2018

Source: www.theguardian.com

Civil partnerships: Couples tell us why they want one – BBC News

Posted February 5th, 2018 in civil partnerships, equality, marriage, news by sally

‘Heterosexual couples might be able to access civil partnerships, as the government reviews the law that currently only applies to homosexual couples.’

BBC News, 2nd February 2018

Source: www.bbc.co.uk

Private probation firms fail to cut rates of reoffending – The Guardian

Posted February 5th, 2018 in contracting out, criminal justice, news, probation, recidivists by sally

‘The vast majority of companies set up to tackle reoffending as part of a controversial drive to privatise the probation service have failed to meet their targets, in a substantial embarrassment for the government.’

The Guardian, 3rd January 2018

Source: www.theguardian.com

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

Posted February 5th, 2018 in appeals, brexit, constitutional reform, EC law, human rights, news, Supreme Court, treaties, working time by sally

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Attempting modernisation: the Divorce (Financial Provision) Bill – Family Law

Posted February 5th, 2018 in bills, divorce, financial provision, matrimonial home, news, periodical payments, prenuptial agreements by sally

‘Momentum is growing for the modernisation of the statutory approach to the financial division of assets on divorce, the recognition of pre- and post-nuptial agreements, and an overhaul of spousal maintenance. Over the last few years the great and the good have been beavering away in an attempt to find the Holy Grail, a way of modernising family law to provide more certainty and clarity.’

Family Law, 2nd February 2018

Source: www.familylaw.co.uk

Institute of Licensing consults on guidance on suitability of taxi, PHV applicants – Local Government Lawyer

Posted February 5th, 2018 in consultations, licensing, local government, news, taxis by sally

‘The Institute of Licensing (IoL) has launched a consultation on proposed guidance on determining the suitability of applicants and licensees in the hackney and private hire trades.’

Local Government Lawyer, 2nd Februaru 2018

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 5th, 2018 in legislation by sally

The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018

The Social Security (Contributions) (Amendment) Regulations 2018

The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018

The Export Control (Venezuela Sanctions) Order 2018

The European Parliamentary Elections Act 2002 (Amendment) Regulations 2018

The Ionising Radiation (Medical Exposure) (Amendment) Regulations 2018

The National Emission Ceilings Regulations 2018

Source: www.legislation.gov.uk

Online gambling firms urged to raise standards on terms and conditions for bonus promotions – OUT-LAW.com

Posted February 5th, 2018 in advertising, consumer protection, gambling, internet, news by sally

‘Standards committed to by three gambling operators on the terms and conditions applied to “bonus promotions” set a benchmark that the rest of industry must also meet, the Competition and Markets Authority (CMA) and Gambling Commission have said.’

OUT-LAW.com, 2nd February 2018

Source: www.out-law.com

UK gambling regulator calls on industry to stamp out sexism – The Guardian

Posted February 5th, 2018 in gambling, news, women by sally

‘The UK’s gambling regulator will on Monday call on the industry to stamp out sexism, warning that women attending an annual conference taking place this week are “expected to wear nothing more than swimsuits”.’

The Guardian, 5th February 2018

Source: www.theguardian.com

Ashwin Daudia jailed over ex-wife Kiran’s murder – BBC News

Posted February 5th, 2018 in domestic violence, murder, news, sentencing by sally

‘A “controlling” husband who was caught on CCTV dragging his ex-wife’s body in a suitcase has been jailed for her murder.’

BBC News, 2nd February 2018

Source: www.bbc.co.uk

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in brexit, constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

Costs judge calls for “authoritative guidance” on applications by former clients for their files – Litigation Futures

Posted February 5th, 2018 in civil procedure rules, costs, documents, law firms, news, practice directions, solicitors by sally

‘Authoritative guidance on whether clients can demand their full files from previous solicitors would help the Senior Courts Costs Office deal with the large number of applications it is facing, a costs judge has said.’

Litigation Futures, 2nd February 2018

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted February 5th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Carrasco v Johnson [2018] EWCA Civ 87 (02 February 2018)

VC, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 57 (02 February 2018)

Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 (02 February 2018)

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2018] EWCA Civ 84 (01 February 2018)

AMS Neve Ltd & Ors v Heritage Audio SL & Anor [2018] EWCA Civ 86 (01 February 2018)

High Court (Chancery Division)

Murray Holdings Ltd v Oscatello Investments Ltd [2018] EWHC 162 (Ch) (02 February 2018)

Public Trustee v Harrison & Ors [2018] EWHC 166 (Ch) (02 February 2018)

Smyth-Tyrrell & Anor v Bowden [2018] EWHC 106 (Ch) (02 February 2018)

High Court (Commercial Court)

Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (Ocean Neptune) [2018] EWHC 163 (Comm) (02 February 2018)

Court (Queen’s Bench Division)

Edge Tools & Equipment Ltd v Greatstar Europe Ltd [2018] EWHC 170 (QB) (02 February 2018)

ABC v Google Inc [2018] EWHC 137 (QB) (01 February 2018)

GYH v Persons Unknown [2018] EWHC 121 (QB) (01 February 2018)

Source: www.bailii.org

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

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