Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

MoJ formally rules out review of legal regulation and complete independence for regulators – Legal Futures

‘The current framework of legal regulation is “inconsistent”, the Ministry of Justice (MoJ) accepted today, but said it could not commit to the formal review sought by the Competition and Markets Authority (CMA) and others.’

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Legal Futures, 19th December 2017

Source: www.legalfutures.co.uk

The award of damages to enable surrogacy – Family Law

Posted December 21st, 2017 in damages, hospitals, negligence, news, surrogacy by sally

‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’

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Family Law, 20th December 2017

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2017 in legislation by sally

The Building Societies (Restricted Transactions) (Amendment to the Limit on the Trade in Currencies) Order 2017

The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 21st, 2017 in law reports by sally

Court of Appeal (Civil Division)

L v F [2017] EWCA Civ 2121 (20 December 2017)

Bowen v Secretary of State for Justice [2017] EWCA Civ 2181 (20 December 2017)

M (Children), Re [2017] EWCA Civ 2164 (20 December 2017)

L-S (A Child) [2017] EWCA Civ 2177 (20 December 2017)

L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)

Rochford v WNS Global Services (UK) Ltd & Ors [2017] EWCA Civ 2205 (20 December 2017)

Royal Devon & Exeter NHS Foundation Trust v Atos IT Services UK Ltd [2017] EWCA Civ 2196 (20 December 2017)

Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112 (20 December 2017)

Court of Appeal (Criminal Division)

Whirlpool UK Appliances Ltd v R [2017] EWCA Crim 2186 (20 December 2017)

Parsons, R v [2017] EWCA Crim 2163 (20 December 2017)

High Court (Administrative Court)

Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors [2017] EWHC 3364 (Admin) (20 December 2017)

Webb v Avon and Somerset Constabulary & Anor [2017] EWHC 3311 (Admin) (20 December 2017)

Hutchison 3G UK Ltd, R (on the application of) v Telfónica UK Ltd & Ors [2017] EWHC 3376 (Admin) (20 December 2017)

High Court (Commercial Court)

Great Station Properties SA & Anor v UMS Holding Ltd & Ors [2017] EWHC 3330 (Comm) (20 December 2017)

Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO & Anor [2017] EWHC 3377 (Comm) (20 December 2017)

High Court (Family Division)

AI and AJ, Re Human Fertilisation And Embryology Act 2008 [2017] EWHC 3351 (Fam) (20 December 2017)

High Court (Queen’s Bench Division)

Khakshouri v Jimenez & Anor [2017] EWHC 3392 (QB) (20 December 2017)

High Court (Technology and Construction Court)

Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC) (20 December 2017)

Source: www.bailii.org

Cardiff sex assault ex-officer banned from going out – BBC News

Posted December 21st, 2017 in electronic monitoring, news, police, sexual offences, suspended sentences by sally

‘A retired police officer has been banned from going out at night for six months after sexually assaulting a young woman in Cardiff.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Transgender Jewish woman wins review of child contact case – The Guardian

Posted December 21st, 2017 in appeals, contact orders, human rights, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Ofcom accuses Three of holding up spectrum auction after failed legal bid – Daily Telegraph

Posted December 21st, 2017 in appeals, delay, news, telecommunications by sally

‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Man Utd fan jailed for unprovoked racist attack on Raheem Sterling – Daily Telegraph

Posted December 21st, 2017 in assault, hate crime, news, racism, sentencing by sally

‘A convicted football hooligan has been jailed for a racist attack on Raheem Sterling that left the Manchester City and England forward in a state of “complete shock”.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Police watchdog investigates death after use of restraint – The Guardian

Posted December 21st, 2017 in complaints, death in custody, news, police, restraint by sally

‘The police watchdog has launched an investigation into the death of a 25-year-old student in Oxford who was arrested by Thames Valley police shortly before he died. The Independent Police Complaints Commission is investigating the death of Nuno Cardoso, a law student from Kentish Town, north London, who died in November.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Police doctor warns of more miscarriages of justice in rape cases in row over DNA testing – Daily Telegraph

Posted December 21st, 2017 in DNA, doctors, evidence, forensic science, miscarriage of justice, news, police, rape by sally

‘A police doctor has warned of potential miscarriages of justice in rape cases after medical examinations were outsourced to the private security company G4S.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Jamie Hancock banned from teaching for life over ‘sexually motivated’ messages – BBC News

Posted December 21st, 2017 in disqualification, news, professional conduct, sexual offences, teachers by sally

‘A teacher has been banned from his profession for life after he “utterly exploded” proper professional boundaries.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by sally

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

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BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Police made ‘appalling’ errors in using internet data to target suspects – The Guardian

Posted December 21st, 2017 in data protection, internet, mistake, news, police, privacy, reports, sexual offences, warrants by sally

‘Police have made serious errors getting search warrants for suspected sex offenders, leading to the targeting of innocent people and children being wrongly separated from their parents, an official report has revealed.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Laser pen offenders face five years in jail and unlimited fines under new laws – The Independent

Posted December 21st, 2017 in aircraft, bills, fines, health & safety, news, road traffic, sentencing, ships, transport by sally

‘People who shine lasers at air, ground and sea vehicles could be jailed for up to five years under new laws. Offenders also face unlimited fines as part of Department for Transport (DfT) measures to boost safety.’

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The Independent, 20th December 2017

Source: www.independent.co.uk

Mohammed Awan: Brother of British Isis suicide bomber jailed for 10 years for plotting UK terror attack – The Independent

Posted December 20th, 2017 in conspiracy, news, sentencing, terrorism by sally

‘The brother of an Isis suicide bomber has been jailed for 10 years for preparing for a potential terrorist attack.’

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The Independent, 20th December 2017

Source: www.independent.co.uk

Swindon mum of eight killer has appeal rejected – BBC News

Posted December 20th, 2017 in appeals, mental health, news, sentencing by sally

‘A woman jailed for murdering a mother of eight has had an appeal against her conviction and sentence rejected.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Stepfather jailed over boy’s water park drowning – BBC News

Posted December 20th, 2017 in children, homicide, negligence, news, sentencing, social services, suspended sentences by sally

‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Bring it on… bring it all on! The risky strategy of leaving over arguments for another day in serial adjudications – Practical Law: Construction Blog

Posted December 20th, 2017 in construction industry, contracts, damages, dispute resolution, news, time limits by sally

‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’

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Practical Law: Construction Blog, 20th December 2017

Source: constructionblog.practicallaw.com

Modern Slavery guidance – Sentencing Council

Posted December 20th, 2017 in press releases, sentencing, sexual offences, trafficking in human beings by sally

‘Explanatory guidance for sentencing offences of sexual exploitation under section 2 of the Modern Slavery Act 2015 has now been included in the Sexual Offences guidelines.’

Full press releases

Sentencing Council, 19th December 2017

Source: http://sentencingcouncil.judiciary.gov.uk