Recent Statutory Instruments – legislation.gov.uk

Posted December 20th, 2017 in legislation by sally

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017

The Transfer of Functions (International Development) Order 2017

The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017

The Registration (Entries of Overseas Births and Deaths) (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017

Source: www.legislation.gov.uk

Tribunal fee repayment scheme to last two years and cost £2m to run – Litigation Futures

Posted December 20th, 2017 in employment tribunals, fees, news, repayment by sally

‘Repaying fees to employment tribunal claimants will continue for up to two years and cost the Ministry of Justice (MoJ) between £1.8m and £2m to administer, it has emerged.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Debt is not a crime: reviewing imprisonment for council tax non-payment – Legal Voice

Posted December 20th, 2017 in council tax, debts, imprisonment, news by sally

‘Being in debt is not a crime. So why are nearly 100 people a year sent to prison for falling behind on council tax payments?’

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Legal Voice, 19th December 2017

Source: www.legalvoice.org.uk

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Businesses fear rise in ‘vexatious’ tribunal claims – Law Society’s Gazette

Posted December 20th, 2017 in employment tribunals, fees, news, vexatious litigants by sally

‘Nine out of 10 companies believe that the removal of employment tribunal fees will lead to a rise in weak or misguided claims, a survey for an employers’ lobby group has concluded.’

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Law Society's Gazette, 19th December 2017

Source: www.lawgazette.co.uk

Employer liable for disgruntled employee’s deliberate data breach – Technology Law Blog

Posted December 20th, 2017 in computer crime, data protection, news, vicarious liability by sally

‘WM Morrisons Supermarket plc have been held liable to 5,518 of their employees for a deliberate data breach by a rogue employee, Andrew Skelton.’

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Technology Law Update, 19th December 2017

Source: www.technology-law-blog.co.uk

Judge upholds demolition of rectory and replacement with modern home – Local Government Lawyer

Posted December 20th, 2017 in news, planning by sally

‘A High Court judge has upheld a decision by a council’s development committee to approve plans to demolish a rectory and replace it with a modern home.’

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Local Government Lawyer, 20th December 2017

Source: www.localgovernmentlawyer.co.uk

Provisional assessment cap not displaced by part 36 offer, Court of Appeal rules – Litigation Futures

Posted December 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘An award of indemnity costs after a successful part 36 offer in a provisional assessment does not remove the £1,500 costs cap, the Court of Appeal has ruled in overturning the High Court.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Bath Abbey can remove its pews to let it hold bake sales and graduation ceremonies, court rules – Daily Telegraph

Posted December 20th, 2017 in Church of England, ecclesiastical law, listed buildings, news by sally

‘Churches don’t need pews any more because they are increasingly used for bake sales and art exhibitions, a church court has said, as it ruled Bath Abbey can remove its Victorian pews.’

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Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

Lammy review: MoJ rejects judicial diversity targets, cautious on choice of duty solicitor – Legal Futures

Posted December 20th, 2017 in diversity, judiciary, legal representation, minorities, news, solicitors by sally

‘The Ministry of Justice (MoJ) has rejected the idea of diversity targets for the judiciary and magistracy in its response to the Lammy review of the treatment of black and minority ethnic (BAME) people in the criminal justice system.’

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Legal Futures, 19th December 2017

Source: www.legalfutures.co.uk

Smoking ban cannot be enforced in jails, UK supreme court rules – The Guardian

Posted December 20th, 2017 in Crown, health & safety, news, prisons, smoking, Supreme Court by sally

‘A prisoner suffering from poor health has lost his attempt to enforce the smoking ban in English and Welsh jails after the supreme court ruled that crown premises are effectively exempt from the enforcement of health regulations.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

FCA refuses to close the door to ‘permissionless’ blockchain networks and steps up scrutiny of ICOs – OUT-LAW.com

Posted December 20th, 2017 in financial regulation, internet, news by sally

‘Financial services firms that wish to set up “permissionless” blockchain networks will not automatically be engaged in outsourcing and be in breach of Financial Conduct Authority (FCA) rules, the regulator has said.’

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OUT-LAW.com, 19th December 2017

Source: www.out-law.com

Being a sex worker does not mean you can’t have a private life, says judge as he grants escort an injunction – Daily Telegraph

‘Being a sex worker does not disqualify you from having a private life, a judge has said, as he granted an injunction to an escort who has been harassed online.’

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Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted December 20th, 2017 in law reports by sally

Supreme Court

Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 (19 December 2017)

Black, R (on the application of) v Secretary of State for Justice [2017] UKSC 81 (19 December 2017)

Court of Appeal (Civil Division)

R (W2 and IA) v Secretary of State for the Home Department [2017] EWCA Civ 2146 (19 December 2017)

Revenue And Customs v Lomas & Ors (Administrators of Lehman Brothers International (Europe)) [2017] EWCA Civ 2124 (19 December 2017)

Lewis v Warner [2017] EWCA Civ 2182 (19 December 2017)

Cook v Swansea City Council [2017] EWCA Civ 2142 (19 December 2017)

W Portsmouth and Company Ltd v Lowin [2017] EWCA Civ 2172 (19 December 2017)

Saab Seaeye Ltd v Atlas Elektronik GmbH & Anor [2017] EWCA Civ 2175 (19 December 2017)

Court of Appeal (Criminal Division)

Rejmanski, R v [2017] EWCA Crim 2061 (19 December 2017)

High Court (Administrative Court)

Begg v HMT [2017] EWHC 3329 (Admin) (19 December 2017)

North Norfolk Planning Watch Ltd, R (on the application of) v McIntyre & Thrower [2017] EWHC 3345 (Admin) (19 December 2017)

General Medical Council v Lamming [2017] EWHC 3309 (Admin) (18 December 2017)

Bishop, R (on the application of) v Westminster Council & Ors [2017] EWHC 3102 (Admin) (15 December 2017)

High Court (Chancery Division)

China Town Development Company Ltd v Liverpool City Council [2017] EWHC 3347 (Ch) (19 December 2017)

High Court (Commercial Court)

One Fish Company Ltd v Iceland Foods Ltd [2017] EWHC 3366 (Comm) (19 December 2017)

High Court (Family Division)

F v H & Anor [2017] EWHC 3358 (Fam) (19 December 2017)

High Court (Queen’s Bench Division)

London College of Business Ltd v The Secretary of State for the Home Department [2017] EWHC 3144 (QB) (19 December 2017)

GYH v Persons Unknown (Responsible for the Publication of Webpages) [2017] EWHC 3360 (QB) (19 December 2017)

Source: www.bailii.org

Alfie Evans: Parents in legal fight to take brain damaged son to Vatican doctors – Daily Telegraph

Posted December 20th, 2017 in children, hospitals, medical treatment, news by sally

‘A hospital has prevented parents from sending their brain damaged toddler to the same Vatican doctors who offered to help Charlie Gard, a court has heard.’

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Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

High-speed broadband to be legal right for UK homes and businesses – The Guardian

Posted December 20th, 2017 in internet, news, utilities by sally

‘British homes and businesses will have a legal right to high-speed broadband by 2020, the government has announced, dismissing calls from the network provider BT that it should be a voluntary rather than legal obligation on providers.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Laser pen offenders now face five years and unlimited fines – The Guardian

Posted December 20th, 2017 in bills, endangering safety of aircraft, news, prosecutions, transport by sally

‘People who shine lasers at air, ground or sea vehicles could be jailed for up to five years or face unlimited fines as part of Department for Transport measures to boost safety.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

‘Dangerous’ Tunbridge Wells paedophile jailed for 14 years – BBC News

Posted December 20th, 2017 in child abuse, news, sentencing, sexual offences by sally

‘A paedophile who travelled to the Philippines to film himself abusing a two-year-old girl has been jailed.’

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BBC News, 19th December 2017

Source: www.bbc.co.uk

Towie star’s ex-boyfriend is jailed for 20 years over nightclub acid attack – Daily Telegraph

Posted December 20th, 2017 in grievous bodily harm, hazardous substances, news, sentencing by sally

‘The ex-boyfriend of reality TV-star Ferne McCann has been jailed for 20 years after carrying out a brutal acid attack in a packed nightclub.’

Full Story

Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

Self-parking cars to be legalised in UK – BBC News

Posted December 20th, 2017 in consultations, news, parking, road traffic, telecommunications by sally

‘The UK government wants to modify its ban on using mobile phones behind the wheel to allow drivers to use automatic parking devices.’

Full Story

BBC News, 19th December 2017

Source: www.bbc.co.uk