Photobox ad showing boy sitting on dog cleared after complaints – BBC News
‘Adverts for the photo printing site Photobox have been cleared by a watchdog after it received 212 complaints.’
BBC News, 21st March 2018
Source: www.bbc.co.uk
Nurse and midwife misconduct hearings may be held in secret – Daily Telegraph
‘Nurses and midwives will rarely be subject to public misconduct hearings and could avoid any sanctions for errors if they admit blunders early, under controversial new plans.
The Nursing and Midwifery Council (NMC) wants to replace “cumbersome and adversarial” fitness to practice processes with a system that could mean most cases being heard behind closed doors.’
Daily Telegraph, 20th March 2018
Source: www.telegraph.co.uk
Damning report finds ‘serious failings’ in NHS mental health services – The Guardian
‘Vulnerable mental health patients are suffering serious harm, and in some cases dying, because of “serious failings” in their treatment, the NHS ombudsman has warned. Mistakes such as failing to diagnose or treat patients properly and discharging them from hospital too soon can have “catastrophic consequences”, said Rob Behrens.’
The Guardian, 21st March 2018
Source: www.theguardian.com
Telford pensioner investigated for Nazi war crimes – BBC News
‘A pensioner has become the first person from the UK to be investigated in Germany for his alleged role in the Holocaust in World War Two.’
BBC News, 20th March 2018
Source: www.bbc.co.uk
UK drivers to save £35 after new curbs on whiplash claims – The Guardian
‘Car insurance premiums are to fall by £35 a year after the government announced measures to curb the high number of whiplash claims that currently cost UK drivers over £1bn a year. The justice secretary, David Gauke, unveiled plans to introduce the civil liability bill through the House of Lords, which will set out changes to the way that whiplash claims are calculated and paid.’
The Guardian, 20th March 2018
Source: www.theguardian.com
Peter Pickering: ‘Beast of Wombwell’ guilty of 1972 rape – BBC News
‘A convicted child killer dubbed the Beast of Wombwell has been found guilty of raping of a woman just weeks before he raped and killed a schoolgirl.’
BBC News, 20th March 2018
Source: www.bbc.co.uk
Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers
‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’
Zenith Chambers, 1st March 2018
Source: www.zenithchambers.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 (19 March 2018)
Ahmed & Ors v Ingram & Anor [2018] EWCA Civ 519 (19 March 2018)
Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490 (16 March 2018)
High Court (Administrative Court) Decisions
Source: www.bailii.org
Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com
‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’
OUT-LAW.com, 19th March 2018
Source: www.out-law.com
Duty of Care Owed by the MoJ to Serving Prisoners Limited to Matters Arising out of their Custody – Zenith Chambers
‘In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’
Zenith Chambers, 2nd March 2018
Source: www.zenithchambers.co.uk
Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square
‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’
4 New Square, 14th March 2018
Source: www.insurancelaw.london
‘It was heartbreaking’: Family wins tribunal after special needs pupil excluded – The Guardian
‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’
The Guardian, 20th March 2018
Source: www.theguardian.com
Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching – Litigation Futures
‘A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date.’
Litigation Futures, 20th March 2018
Source: www.litigationfutures.com
Master of the Rolls: More than four in ten of applications to Court of Appeal come from litigants in person – Legal Futures
‘The proportion of applications to the Court of Appeal for permission to appeal by litigants in person (LiPs) has gone up by 50% in the last 10 years, the Master of the Rolls has said.’
Legal Futures, 20th March 2018
Source: www.legalfutures.co.uk
Immigration Detention: One Step Forward, Two Steps Back — Sophie Walker – UK Human Rights Blog
‘New legislation significantly curtails accommodation provision for those seeking release from immigration detention. The likely result is more and more people being held in immigration detention.’
UK Human Rights Blog, 19th March 2018
Source: ukhumanrightsblog.com
Jermaine Baker shooting: CPS confirms no charges after review – BBC News
‘A decision not to bring charges against a police officer who fatally shot a man during a botched attempt to free a prisoner has been upheld.’
BBC News, 19th March 2018
Source: www.bbc.co.uk
Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 – 4 New Square
‘In Spire Healthcare, the Court of Appeal (Sir Geoffrey Vos and Simon LJ) heard an appeal to determine whether the policy of combined liability insurance aggregated the limits of cover. Graham Eklund QC of 4 New Square successfully represented Royal and Sun Alliance Insurance plc. The Court’s decision is considered by Ben Smiley of 4 New Square.’
4 New Square, 9th March 2018
Source: www.insurancelaw.london
Worboys review: What we have learned – BBC News
‘Until the two-day judicial review hearing, very little was known about John Worboys’ 10 years’ in custody – and the reasons why the Parole Board granted his release.’
BBC News, 19th March 2018
Source: www.bbc.co.uk
Poorest priced out of justice by legal aid rules, says Law Society – The Guardian
‘Some of the poorest families in England and Wales are being denied legal aid because they cannot afford the financial contributions they are required to make, according to the Law Society.’
The Guardian, 20th March 2018
Source: www.theguardian.com
